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Polish law prohibits Agent from representing Buyer as a client without first entering into a written agreement with Buyer under
P.M.A. Art 180 § 3
The Buyer declares that he acts on his / her own behalf / on behalf of a company / third party, i.e.
...............................................................................................................................................
and
Art Apartments Iwona Czuchaj, Licensed Real Estate Agency, with its place of business at Szwedzka 74/3
St., 30-315 Kraków (office: Angle Plaza Building, Zwierzyniecka 24/A304), registered in the Trade Register
of Krakow Municipality under no 5231/2006, tax identification number NIP PL753-212-91-75, represented
by Mr Dariusz Czuchaj
1.1. The purpose of this agency agreement is to define the terms and conditions under which the Buyer
desires to use Agent’s skills and knowledge to find and purchase the following real estate properties
collectively hereinafter referred to as “Property” through the services and resources of the Agent:
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2. AGENT’S OBLIGATIONS
3. BUYER’S OBLIGATIONS
3.1. Buyer agrees to cooperate with Agent in accomplishing the objectives of this Agreement, including:
a) Remain loyal o Agent by contacting the owner of the sourced Property only through Agent in all
contacts between the parties of a transaction
b) Inform Agent immediately about all circumstances that may prevent Buyer from closing of a transaction
4.1. Buyer shall pay the Agent’s fee, if during the term of this Agreement Buyer contracts to acquire the
Property as specified in this Agreement.
4.3. Agent shall be entitled to the additional success fee in the amount of equal to
:_______________________ + VAT 23 % or _________% of the gross purchase price + 23 % VAT per
each ______________ if the purchase price of the Property is lower than the asking price as specified in
section 1.1. above at the closing.
4.4. Buyer will pay Agent’s aforementioned fee also, if the Property is acquired by any person acting for or
on behalf of Buyer. For person acting for buyer in particular shall be regarded any person or company in
which the Buyer holds directly or indirectly any portion of the capital and/or voting rights; or has the
power to direct or cause the direction of the management and policies of or with respect to the entity
in question, whether through ownership of securities, by contract or otherwise.
4.5. The payment of the compensation shall be performed by wire transfer to the bank account specified on
the Agent’s invoice within fourteen (14 days) after receipt of the invoice. The following Buyer’s data
should be used for this purpose:
Name
Surname
Address
Tax identification number
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5. STATUORY DELACARIONS AND LIABILITY
5.1. The Agent declares and warrants that it has a valid insurance policy against damages caused while
performing the real property agency services, accordingly to the statutory requirement as specified in
Article 180 § 3 of the Real Estate Administration Act of 1997.
5.2. The Agent declares that Mr. Dobromir Witkowski, the licensed real estate agent (licence no. 5191) shall
be responsible for performance of Agreement, accordingly to the statutory requirement as specified in
Article 180 § 3 of the Real Estate Administration Act of 1997.
5.3. Total Agent’s liability for damages resulting from the performance of this Agreement is limited up to the
EUR 100.000 (one hundred thousand euro). The limitation does not apply to the deliberated damages
caused by Agent.
6.1. The Agreement has been signed for indefinite period of time. Each party pay terminate the Agreement
with a 1 month written notice.
6.2. If the Agreement has been terminated and Buyer acquires directly or indirectly the Property within 18
months after the termination date, it should pay the Agent’s compensation as specified hereinabove.
7. MISCELANIOUS
7.1. This Agreement shall be governed by and construed in accordance with the laws of Poland.
7.2. All disputes arising out of or in connection with this contract shall be settled by the competent state
courts or the Court of Arbitration at the Polish Chamber of Commerce in Warsaw pursuant to the Rules
of this Court binding on the date of filing the statement of claim.
7.3. Any amendments to the present agreement shall be made in writing under pain of nullity.
7.4. The Agreement was contracted outside the Agent’s office on the request of Buyer.
7.5. The Agreement has been made in two identical copies, one for each of the parties.
AGENT BUYER
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