Dealer MOU
Dealer MOU
Dealer MOU
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AGREEMENT
By and Between
AND WHEREAS the Second Party has the expertise in selling and marketing of Real
Estate. The Second Party has requested the First Party to allow them in the capacity of
their agents, to book/sell the Residential Units (hereinafter referred as units) in
Vardhman’s Springdale.
AND WHEREAS the First Party and Second Party are now willing to enter into this
Agreement on the terms and conditions appearing hereinafter.
1. It is agreed that the Second Party shall find a buyer who shall be interested in
booking/buying Unit(s). It is agreed that the Second Party shall book the space
to any buyer but the same shall be subject to the approval of First Party.
2. It is agreed that the Second Party shall collect/fetch from the buyer, the price
whatsoever as per the prevalent payment plan at the time of the booking.
3. The Second Party will sell units within _______ Months of signing of this
agreement as per payment plan of the project namely The First
Party will pay Commission /Brokerage of ____% of Basic Sale Price to the Second
Party on each and every booking of a Unit, as per following Details:-
Basic Sale Price shall be the price arrived at by multiplying the Super Area (Sq.
Ft.) of the Unit Booked and the Opted Price Per Square Feet. The Second Party
has agreed that they will book the Unit(s) on proportionate basis on all Floors of
the project namely . The brokerage shall be paid as defined in the next
clause. The Second Party shall ensure that buyer(s) shall make payments in
favour the developer namely “
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It is agreed that in case Down Payment Plan, Commission will be released after
completing all the formalities and payments relating the booking. It is also
agreed that in case of Construction Linked Plan, Commission will be released in 4
Installments as per table below:
6. The Second Party is also liable to collect the installments from the client/buyer
till the completion of the payment as per payment plan and it is also understood
that interest @ 18% p.a. shall be borne by the client in case of any delay in the
payment of installments.
8. It is agreed by the parties that in case at any point of time, any cancellation of any
Unit so booked by the Second Party is done due to any reason whatsoever, then
the Second Party shall be duty bound to re-book (replace the cancelled unit with
a fresh buyer/booking at the rate prevailing at that time) the same within a
period of 15 days from the date of cancellation. It is agreed in case of re-booking,
no extra commission shall be payable. In case the Second Party fails to rebook
the unit within a period of 15 days as mentioned above, then in that event, the
Second Party shall be duty bound to pay back the amount of commission
received till the time of cancellation in respect of such unit, to the First Party
along with an interest at the rate of 18% p.a. immediately. The Second Party
shall also be liable to bear administrative, cancellation charges, and other
miscellaneous charges, whatsoever as applicable and decided by the First Party
only.
9. It is understood by the parties that only after the compliance of the preceding
para no. 9 above, the Second Party shall request the developer to refund the
amount received from buyer. In case of any such cancellation of any unit, the
developer reserves the right to forfeit the entire amount paid by the buyer till the
time of cancellation in respect of such booking.
Arbitration
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10. That any dispute in the interpretation of any clause of this Agreement shall be
referred to the sole arbitration of an Arbitrator to be appointed by the First
Party only, whose decision shall be final and binding on both the parties. All the
arbitration proceedings shall be carried out in terms of the Arbitration and
Conciliation Act, 1996 at New Delhi. The place of arbitration shall be New Delhi
only.
Jurisdiction
11. This Agreement is executed at New Delhi and Courts in New Delhi alone will
have the exclusive jurisdiction over this Agreement to the exclusion of all other
courts and Agreement shall be set to and construed in accordance with the laws
of India.
For
Witness:
1. Signature
Name:
PAN No.
Address
2. Signature
Name:
PAN No.
Address
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