Appointment of EasyLivin
I hereby appoint EasyLivin (“EL”) as my Estate Agent to introduce, present, and show properties to me. This appointment is non-exclusive unless otherwise agreed in writing, and I acknowledge that EL may simultaneously act for other buyers, sellers, lessors, and lessees in respect of the same or similar properties.
By engaging EL's services — whether in person, by telephone, electronically, or through the EasyLivin website — the Client agrees to be bound by these Terms & Conditions in their entirety.
Definitions
In these Terms & Conditions, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:
Refers to EasyLivin, a registered real estate consultancy firm operating in Goa, India, its agents, employees, representatives, and authorised associates.
Any residential or commercial land, building, apartment, villa, plot, farmland, plantation, resort, or any other immovable property introduced, presented, or shown to the Client by EL.
Includes sale, resale, transfer, assignment, exchange, lease, licence, or any other disposition of a Property, whether directly or indirectly.
The owner(s), authorised representative(s), developer(s), or any other person(s) with the legal authority to sell, rent, lease, or otherwise transfer a Property.
Any individual, company, trust, partnership, or legal entity that appoints EL as estate agent and/or receives services from EL in connection with the purchase, rental, acquisition, or inspection of a Property.
The commission, brokerage fee, service charge, or any other payment legitimately due to EL for services rendered in connection with the introduction, presentation, facilitation, or completion of a Property transaction.
Remuneration & Charges
3.1 — Commission Obligation
The Client agrees to pay EL a commission as agreed upon in writing prior to the commencement of any transaction. EL's commission becomes due and payable upon the execution of a binding sale agreement, lease deed, or any other agreement relating to the Property.
3.2 — Valuation of Non-Cash Consideration
Where the consideration for a transaction includes any non-cash element — including but not limited to barter, exchange of property, or deferred payment — EL's commission shall be calculated on the fair market value of the total consideration as independently determined or mutually agreed.
3.3 — Taxes and Government Charges
All applicable taxes, including Goods and Services Tax (GST) and any other statutory levies, shall be payable by the Client in addition to EL's commission. Stamp duty, registration charges, and other government fees are the sole responsibility of the transacting parties and are not included in EL's remuneration.
3.4 — Interest on Overdue Payments
Any remuneration not paid by the due date shall attract interest at the rate of 18% per annum (or such rate as prescribed by applicable law, whichever is higher), calculated from the due date until the date of actual payment.
3.5 — Commission Entitlement Conditions
EL shall be entitled to its full commission where:
- EL introduced the Client to the Property, irrespective of whether a formal agreement was signed through EL;
- The Client enters into any transaction regarding a Property introduced by EL within 24 months of such introduction;
- The transaction is structured differently from what was originally proposed, but relates to the same Property or Seller;
- The Client withdraws after a binding offer or agreement has been executed.
3.6 — Lease, Licence, Sale & Exchange Provisions
Where a Property is leased, licenced, or exchanged rather than sold outright, EL's commission shall be calculated on the total value of the transaction — including, for lease agreements, the full term rental value — unless a separate written agreement specifies otherwise.
3.7 — Family Members & Associates
For the purposes of these Terms, commission obligations extend to transactions completed by or on behalf of the Client's immediate family members, related entities, nominees, or associates who acquire a Property that was introduced to the Client by EL.
3.8 — Survival of Commission Obligations
The Client's obligation to pay EL's commission shall survive the expiry or termination of this agreement for a period of 24 months in respect of any Property introduced by EL prior to such expiry or termination.
Statements by the Client
4.1 — Client Representations
The Client represents and warrants that all information provided to EL is accurate, complete, and not misleading, and that the Client has full legal capacity and authority to enter into property transactions.
4.2 — Non-Broker Declaration
The Client declares that they are acting as a principal and not as an agent, broker, or representative of any other person in connection with the Property being sought, unless expressly disclosed to EL in writing.
4.3 — Penalty for Misrepresentation
Should the Client provide false, incomplete, or misleading information that results in loss or damage to EL, the Seller, or any third party, the Client shall be liable for all resulting losses, costs, and expenses, including legal fees.
4.4 — Communication Restrictions with Sellers
The Client agrees not to contact, negotiate with, or transact directly with any Seller introduced by EL without EL's prior written consent. All communications regarding Properties shown by EL shall be conducted through EL unless otherwise agreed.
4.5 — Financial Disclosure
The Client agrees to provide EL with a true and accurate indication of their financial capacity and purchasing budget prior to or during the property search process, to enable EL to provide appropriate and relevant property introductions.
4.6 — Eligibility & Legal Compliance
The Client confirms that they are legally eligible to purchase, lease, or otherwise acquire immovable property in India under applicable laws, including FEMA regulations where the Client is a Non-Resident Indian (NRI) or Foreign National. EL accepts no responsibility for verifying the Client's legal eligibility.
Statements by EasyLivin (EL)
5.1 — Best Endeavours
EL shall use its best endeavours to introduce Properties that match the Client's stated requirements. However, EL does not guarantee that a suitable Property will be found or that any transaction will be completed successfully.
5.2 — No Inspection Responsibility
EL does not carry out structural surveys, building inspections, or technical assessments of any Property. The Client is strongly advised to appoint independent qualified professionals to inspect any Property before entering into a binding transaction.
5.3 — No Title Verification Responsibility
EL does not verify the legal title, encumbrances, or ownership status of any Property. It is the Client's responsibility to appoint a qualified legal practitioner to conduct due diligence on title and associated documentation before completing any transaction.
5.4 — Legal & Tax Advisory Disclaimer
EL is not a legal adviser, tax consultant, or financial adviser. Nothing communicated by EL, whether verbally or in writing, shall constitute legal, tax, or financial advice. Clients are strongly encouraged to seek independent professional advice before making any property-related decisions.
5.5 — Property Condition Disclaimer
EL makes no warranties or representations regarding the condition, fitness for purpose, habitability, or compliance with planning or building regulations of any Property. All Properties are presented “as is” based on information provided by the Seller.
5.6 — Information Usage Restrictions
All information, materials, brochures, photographs, and data provided by EL in relation to any Property are furnished solely for the Client's personal use in evaluating the Property. Such materials may not be reproduced, distributed, or used for any commercial purpose without EL's prior written consent.
5.7 — Data Sharing Restrictions
EL will not sell, rent, or share the Client's personal information with any third party for commercial purposes without the Client's express consent. Information may be shared with the Seller, legal professionals, and financial institutions strictly as necessary to facilitate a transaction.
Mutual Agreements Between Client & EL
6.1 — Property Introduction Records
Every Property introduced, presented, or shown to the Client by EL shall be recorded in the Interested Property Form (see Section 10). The contents of this form shall constitute conclusive evidence that the said Property was introduced by EL. Both parties agree that accurate and timely completion of this form is integral to the agreement.
6.2 — Dual Representation Consent
The Client acknowledges and consents to the fact that EL may simultaneously represent both the buyer and the seller in the same transaction. EL shall disclose such dual representation at the earliest opportunity and shall act fairly and impartially towards both parties.
6.3 — Confidentiality Obligations
Both parties agree to maintain strict confidentiality in respect of all information shared during the course of the engagement. Specifically, EL shall not disclose the following to any third party without the Client's express written consent:
- The Client's willingness to pay a higher price than offered;
- The Seller's willingness to accept a lower price than listed;
- The motivations, personal circumstances, or urgency of either party;
- Details of the Client's financing arrangements or borrowing capacity;
- Any personal or commercially sensitive information shared in confidence.
6.4 — Broker Cooperation
The Client authorises EL to co-operate with other registered real estate brokers and agents in facilitating the Client's property search. Where a transaction is co-brokered, EL's commission may be shared with the co-operating broker. The Client's total commission obligation to EL shall not increase as a result of any such co-broking arrangement.
6.5 — Multiple Buyer Representation
The Client acknowledges and consents to EL simultaneously representing other prospective purchasers, lessees, or investors who may be interested in the same Property. EL shall handle all such representations with equal diligence and without prejudice to any party.
Disclaimer
Website Information
The information published on the EasyLivin website is provided in good faith for general informational purposes only. EL makes no warranties, express or implied, as to the accuracy, completeness, currency, or suitability of the information for any particular purpose.
Service Disclaimer
EL does not guarantee that its services will meet the Client's specific requirements or that a suitable property will be identified or a transaction completed within any given timeframe.
Accuracy of Listings
Property details, dimensions, pricing, images, and descriptions are provided by Sellers and are believed to be accurate at the time of listing. EL does not independently verify such information and accepts no liability for any discrepancies, omissions, or errors in listing content.
Limitation of Liability
To the fullest extent permitted by applicable law, EL shall not be liable for any direct, indirect, incidental, special, or consequential losses arising from the use of EL's services, reliance on information provided, or the outcome of any property transaction.
Virus & Technology
EL does not warrant that its website or digital communications are free from viruses, malware, or other harmful components. Clients are advised to use appropriate security software when accessing digital services. EL accepts no liability for any damage caused to a Client's device or data as a result of accessing EL's digital platforms.
Operational Interruptions
EL shall not be liable for any loss or inconvenience arising from interruptions to its services due to technical failures, maintenance, force majeure events, or circumstances beyond EL's reasonable control.
Jurisdiction
These Terms & Conditions shall be governed by and construed in accordance with the laws of India. Any dispute, claim, or controversy arising out of or relating to this agreement or the services provided by EL — including disputes regarding its existence, validity, breach, or termination — shall be subject exclusively to the jurisdiction of the Courts at Panjim, Goa.
Both parties agree to submit to the exclusive jurisdiction of the said courts and waive any objection to proceedings in such courts on the grounds of venue, convenience, or applicable law.
Entire Agreement
These Terms & Conditions, together with any written agreements, addenda, or forms signed by both parties, constitute the entire agreement between the Client and EL with respect to the subject matter herein, and supersede all prior understandings, representations, negotiations, and communications, whether oral or written.
No amendment, modification, or waiver of any provision of this agreement shall be effective unless made in writing and duly signed by authorised representatives of both parties. No course of dealing, course of performance, or trade usage shall be relied upon to modify, interpret, or supplement the terms of this agreement.
Interested Property Form
The Interested Property Form is an integral record of all properties introduced, presented, or shown to the Client by EasyLivin. Its contents are binding on all parties to this agreement.
Legal Notice — Interested Property Form
The identification and description of every property introduced, presented, or shown to a Client by EasyLivin shall be recorded in this form. The contents of this form shall be conclusive evidence that the property was introduced by EasyLivin and shall form an integral part of the agreement between the Client, EasyLivin, and the property owner.
By receiving a property introduction from EasyLivin — whether verbally, in writing, by site visit, or through any digital communication — the Client acknowledges that EasyLivin is the procuring cause of any resulting transaction and that EL's remuneration obligations under Section 3 apply in full.