Sale commission

Fees payable after we bring you a buyer for your property

Exclusive Sale Agency Agreement — Articles and Rules (Property Owner)

Preliminary conditions — inspection and acceptance of the property

• The exclusive sale agency agreement cannot be signed without an inspection of the property by a representative of AMartil.
• The company must expressly accept promoting and selling the property before any signature — the inspection alone does not bind the company to accept the agreement.
• Not every property qualifies for an exclusive sale agency: the company may refuse any property that does not meet its criteria, lacks promotional viability, or does not comply with company policy.
• A request for management, or completion of the agreement form, is not a commitment by AMartil before the inspection is completed and written acceptance is given.

Article One — Subject of the mandate and its term

• An exclusive mandate to AMARTIL IMMO SARL AU to promote and sell the property for the term specified in the agreement.
• It includes: advertising and promotion, receiving interested parties, organizing visits, negotiation, and publishing photos and video on the internet.

Article Two — Authorization to publish photos and video

• Express consent to photograph the property (photos and video) and publish it on internet platforms exclusively for the company.
• An obligation to facilitate access for filming and not to obstruct publication throughout the term of the agency.
• There is no right to demand removal of the advertisements except with written consent or upon expiry of the agency (Article 9).
• The company may reuse the visual content in its promotional campaigns.

Article Three — Commission and the initial sale price

• AMartil’s sale commission: 2.5% of the property price — it can be calculated with the AMartil commission calculator before signing.
• The commission is stated expressly in the exclusive agency agreement and is not open to discussion, bargaining, or reduction after signature.
• A fixed commission is due when the sale is completed, whatever the final sale price — and it does not decrease merely because the property price is lowered or the property is sold for less.
• The initial sale price (the promotion ceiling) will not be raised during the company’s promotion period.
• The property may be sold for an amount lower than the ceiling, provided that the commission agreed in the agreement is not affected.

Article Four — Exclusivity of the agency

• The agreement is exclusive in favor of AMARTIL IMMO SARL AU.
• There is no right to share the sale with any other agency or broker.
• The agreement may not be assigned, nor may its rights be transferred.

Article Five — No withdrawal and no suspension

• The mandate cannot be withdrawn after signature.
• Suspending the mandate is prohibited; any such request gives rise to payment of the commission even if the sale does not take place.

Article Six — The property owner’s obligations toward AMartil clients

• The property owner cannot refuse to sell the property to any buyer introduced by the company.
• Full cooperation, facilitation of visits, and provision of documents.
• Concealing or diverting a transaction with a buyer who is a client of the company is a serious breach.

Article Seven — Clients outside the company’s scope

Any buyer obtained by the property owner individually or outside the company’s promotion: the property may not be sold to that buyer until the agreed commission has been paid.

Article Eight — Fees and claims

• There is no right to demand that the company reduce the commission or renegotiate it after the agreement is signed.
• There is no right to tie a reduction of the commission to a reduction of the property price, or to a sale below the agreed price.
• There is no right to delay payment of sums due when the sale is completed.
• The commission falls due upon signature of the sale agreement, or upon acceptance of the holding deposit or advance payment as agreed — in the amount stated in the agency agreement.

Article Nine — After the agency ends

• After the term ends: a sale to parties outside AMartil’s clients is without commission, unless the buyer was registered with the company during the term of the agency.
• Upon expiry, removal of the advertisements and of the property’s photos and video from the company’s platforms may be requested within a reasonable time.

Article Ten — No guarantee and no compensation

• There is no right to claim compensation because the property was not sold within the agreed term.
• The company undertakes to exercise professional care, without guaranteeing a sale within a specified time.

Article Eleven — General provisions

• The agreement supplements the management rules published on Property owner rules and Full sale-management packages.
• The competent courts of Martil, or the court in whose district the property is located, have jurisdiction.

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