Exclusive Rental Search Mandate

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Between the undersigned :



Hereinafter referred to as “the principal”, on the one hand;

And :

The SAS “HOME SELECT — VOTRE CHASSEUR IMMOBILIER”, whose head office is at 60 rue François 1er - 75008 PARIS, holder of the professional card no. CPI 7501 2018 000 028 939 issued by the Prefecture of Paris, registered with the RCS no. 531223931, whose registered office is at RCS no. 531223931, without receipt of funds, without receipt of funds, insured for professional liability by Suffren Assurances Associés, subject to VAT (no. FR23531223931), telephone 01.2.3.931. 78.76.78.10, email contact@homeselect.paris, with the assistance of the real estate hunter:, acting as a commercial agent, registered with the RSAC under the reference.
Hereinafter referred to as “the mandatary”, on the other hand.

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1 — Search criteria: By this search mandate, the principal grants to the mandatary, who accepts it, mandate to search, with a view to renting, a property meeting the following criteria :

Property type:

Research sectors:

Minimum surface area (in m2):

Number of rooms:

Additional description:

Rent (charges included) in euros:

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2 — The mandatary is obliged to:
2.1 — Undertake, in general, any steps necessary to carry out the mission entrusted today.
2.2 — Search for a property according to the criteria in paragraph “1 — Search criteria”.
2.3 — Inform the client of any new element modifying the research, in particular in terms of prices or legislation.
2.4 — Inform the principal of the elements at his disposal, relating to the property and its co-ownership (for example, the technical diagnosis file, the Carrez area, the documents relating to the building and its financial situation, etc.).
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3 — Powers of the principal:
3.1 — The PRINCIPAL may provide the AGENT with a list of the properties previously visited or identified.
3.2 — The PRINCIPAL alone retains the power of decision relating to a possible rental offer.
3.3 — The PRINCIPAL may bring/offer goods to the AGENT within the framework of this mandate.

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4 — Penal clause: By express agreement and as an essential condition without which the mandatary would not have accepted this mission, the mandator is prohibited from:
a) to mandate another real estate hunter for the same mission
b) to research by himself during the mandate and undertakes to redirect to the mandatary any offer sent to him
c) during the mandate and in the 6 months following its expiry, to deal with the possible rental with the manager or his intermediary
In case of non-compliance with the obligations set out above in paragraphs a) or b) or c), the PRINCIPAL expressly undertakes to pay to the AGENT, pursuant to article 1231-5 of the Civil Code, a lump-sum compensatory compensation equal to the amount of the remuneration provided for in the paragraph REMUNERATION OF THE AGENT.

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5 — The parties' duty to provide information : Each party must inform the other of any important information upon signing this contract as set out in article L.121-21 of the civil code — extract: “The party who knows information whose importance is decisive for the consent of the other must inform the other party as soon as, legitimately, the latter ignores this information or trusts its counterparty. However, this duty to provide information does not relate to estimating the value of the service. Information that has a direct and necessary link with the content of the contract or the status of the parties is of decisive importance. It is up to the person who claims that information was due to him to prove that the other party owed it to him, and the other party must prove that it provided it. The parties cannot limit or exclude this duty. In addition to the responsibility of the person who was required to do so, the breach of this duty to provide information may result in the cancellation of the contract under the conditions provided for in articles 1130 et seq.”

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6 - Term of office - Exclusivity

6.1 - This mandate is granted and accepted for an initial period of 1 month from this day.

6.2 - At the end of this initial period, it will be extended for a maximum period of 12 months at the end of which it will end.

6.3 - Each Party may, with 15 days' notice, terminate this mandate, either at the end of the initial period or at any time during its extension. To do this, you must send this cancellation EITHER by registered letter with acknowledgement of receipt OR by sending an email (with acknowledgement of receipt) to contact@homeselect.paris.

6.4 - Within the framework of Exclusivity, the PRINCIPAL is prohibited, throughout the term of the mandate, from seeking, by himself or any intermediary, the type of property defined in paragraph “1 - TYPE OF PROPERTY SOUGHT”.

6.5 - Denunciation of Exclusivity (art. 78 paragraph 2 of the decree of 20 July 1972): “After a period of three months from its signature, the mandate containing such a clause may be withdrawn at any time by each of the parties, provided that the party who intends to end it must notify the other party at least fifteen days in advance by registered letter with acknowledgement of receipt.”

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7 — Right of withdrawal (articles L. 121-21 to L.121-21-8 of the Consumer Code):
7.1 — The principal has a reflection period of 14 days during which he may renounce this mandate: Art. L.121-21 of the Consumer Code —extract: “the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone call or outside the establishment, without having to justify his decision.”
7.2 — If the principal wishes to exercise his right of withdrawal, he sends to the agent, no later than the 14th day from the day on which these terms and conditions were signed, the withdrawal form in the annex, or any other statement expressing his desire to withdraw. Art.L.121-21-2 — extract: “the consumer informs the professional of his decision to withdraw by sending him, before the expiry of the period provided for in Article L.121-21, the withdrawal form mentioned in 2° of I of Article L.121-17 or any other statement, unambiguous, expressing his desire to withdraw.”

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8 — Mediation of consumer disputes: The agent informs the client that, in accordance with the Consumer Code, he may have recourse to the mediator: GROUPEMENT D'INTÉRIEUR ECONOMIQUE IMMOMEDIATEURS, Address: 55 avenue Marceau 75116 Paris, RCS: 818 344 780, RCS: 818 344 780, telephone: 818 344 780, telephone: 01 47 20 73 21, telephone: 01 47 20 73 21, telephone: 01 47 20 73 21, website: conso.immomediateurs.com

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9 - Remuneration of the mandatary:

9.1 - The remuneration of the AGENT is at load of the PRINCIPAL.

9.2 - If the principal decides to rent one of the properties identified and offered by the mandatary, the latter will receive remuneration equivalent to One month's rent excluding charges (calculated on the amount excluding charges requested by the owner or his representative). This remuneration is expressed excluding taxes and increased by the current VAT (20%). For example, for a monthly rent of €3,000 excluding expenses, the remuneration will amount to €3,600 including VAT.

9.3 - In the event that the rent is less than €2500, the remuneration will be fixed at €3000 including VAT.

9.4 - This remuneration is payable at signing of the lease contract.

9.5 - In the event of the conclusion of a lease directly between the principal and the owner of a property presented by the mandatary, but without the latter's mediation; the mandatary may claim from the principal the sum corresponding to twice the amount of the monthly rent excluding VAT as damages.

9.6 - In the event that the client is not in a position not a tenant of one of the properties offered by the agent, no remuneration will be due to him and all costs incurred by the agent's actions will remain the sole responsibility of the latter.

10 — Special clause (s):

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11 — Pre-contractual consumer information: The client acknowledges having read, before signing this mandate, the consumer's pre-contractual information previously provided by email via the link: https://homeselect.paris/dip-achat/.

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12 — Treatment of your data: The personal information collected hereunder may be subject to computerized processing by the agent, his collaborators and/or members of a professional network to which he belongs. The requirement to provide this personal data is necessary for the proper execution of this contract. They are kept for a period that does not exceed that required for the purposes for which they are collected and within the limits of legal limitation periods. In accordance with Law No. 78-17 of 06.01.78, the principal has, at the address indicated herein, a right of access, rectification, deletion, limitation of processing, portability and opposition to the processing of data. The principal may file a complaint with the CNIL. Under article L223-2 of the Consumer Code, the principal has the right to oppose telephone canvassing by entering his number on the block list: www.bloctel.gouv.fr




APPENDIX — WITHDRAWAL FORM (consumer code)

Complete and sign this form. Send it by registered letter with acknowledgement of receipt to the address of the principal: HOME SELECT - 60 rue François 1er - 75008 PARIS. Ship it no later than the fourteenth day (14 days) from the day of the order or, if this period normally expires on a Saturday, Sunday or a public holiday or non-working day, the first following working day.

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I, the undersigned,

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Declare to exercise my right of withdrawal concerning MANDATE no.
Done at
The
Signature
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CONTRACT FORMATION : Within the framework of a contract concluded outside the establishment and in application of the provisions of articles L.111.1 and L 221-1 to L 221-17 of the Consumer Code, the professional provides the consumer, on paper or, subject to the consumer's agreement, on another durable medium, on another durable medium, (art. L 221.5), (art. L 221.5) the essential characteristics of the service, and in particular the price of the service, (in application of articles L. 112-1 to L. 112-4) Information relating to his identity, his postal, telephone and electronic contact details and his activities, provided that It is not clear from the context; This information is written in a legible and understandable manner.

RIGHT OF WITHDRAWAL applicable to contracts concluded at a distance and outside establishment (ART L 221-18 et seq.) The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following a telephone call or outside the establishment, without having to justify his decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25. (Shipping cost). The period referred to in the first paragraph starts on the day:
1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4;
In accordance with Council Regulation No 1182/71/EEC of 3 June 1971 determining the rules applicable to the time limits, dates and terms of:
1° The day on which the contract is concluded or the day of receipt of the goods is not counted within the period mentioned in article L. 221-18;
2° The period starts at the beginning of the first hour of the first day and ends at the end of the last hour of the last day of the period;
3° If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first following working day.

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