PROVISIONS
about warranty obligations
Atlanta Real Estate Agency

This Regulation regulates the contractual relationship between clients and the real estate agency "ATLANTA" (hereinafter - the Agency) in the process of real estate transactions related to the purchase, sale, exchange of real estate, other real estate transactions.

DEFINITION OF TERMS

In this Regulation, the terms are used in the following meaning: \ real estate agent (hereinafter - the agent) - a specialist in the field of agency activities, authorized by the Agency to interact with the client provided in accordance with this Regulation by the Agency on the basis of and within the framework of the agreement on the provision of information-mediation or information-consulting services aimed at establishing organizational, information and other conditions for collecting and disseminating information regarding the supply and demand for real estate and / or property rights to it, promoting and ensuring the purchase, sale, exchange of real estate, conducting other real estate transactions related to the acquisition, change, termination of real rights to immovable property;

client - a legal or natural person who, in accordance with this Regulation, orders agency services by concluding an agreement on the provision of information-intermediary or information-consulting services and / or warranty obligations;

service agreement - a written (electronic) transaction under which one party (the Agency) undertakes to provide information-mediation or information-consulting services to the other party (client) on the terms and in the manner specified in the contract, and the client undertakes pay for the provision of these services and, if available, the actual costs necessary to perform the contract;

guarantee certificate - a written (electronic) transaction under which one party (the Agency) undertakes to provide services to the other party (client) on the terms and in the manner prescribed by the contract for information-mediation or information-consulting services for free legal assistance or compensation for damage caused as a result of illegal loss of ownership of real estate acquired by the client;

maximum guarantee amount - the amount of guarantee within which the Agency compensates for the damage caused to the Client as a result of unlawful loss of ownership of real estate acquired by the client, under the conditions specified in the Regulations, limited to the amount of UAH 10,000 (ten thousand) , but not more than the amount specified in the contract of sale, real estate exchange.

immovable property (immovable property) is a land plot, as well as objects, including objects of unfinished construction, located on a land plot, the movement of which is impossible without their depreciation and change of their purpose (including a house, apartment or their parts, rooms, garden (country) house, including land plots on which such objects are located, and also household constructions and buildings located on such land plots, objects of non-residential fund, uninhabited houses, uninhabited premises or their parts), other property, which according to the Civil Code of Ukraine belongs to real estate.

GENERAL PRINCIPLES

The guarantee certificate is provided in confirmation of the guarantee obligations of the Agency under the agreement on the provision of information-mediation or information-consulting services, in the form approved by the Agency in accordance with the terms of this Regulation. The guarantee certificate is a component of agreements on the provision of information-mediation or information-consulting services.

The general provisions of the civil law on the contract apply to the terms of the contract for the provision of information-mediation or information-consulting services in the part concerning the guarantee certificate.

Contracts for the provision of information-mediation or information-consulting services with a guarantee certificate may be concluded the benefit of the client to another person who acts in his interests on legal grounds.

The Client and / or the person who enters into agreements on the provision of information-brokerage or information-consulting services with a guarantee certificate in his favor and acts in his interest, are responsible for the completeness and accuracy of documents and other information provided by them to the agency activities for the provision of agency services.

The guarantee certificate provides for the provision of free legal aid to the client or the provision of compensation under the conditions specified in this Regulation, within the maximum guarantee amount of damage caused by unlawful loss of ownership of real estate acquired by the client.

Warranty obligations of the Agency arise from the moment of state registration of the Client's ownership of real estate offered by the Agency and full settlement with the Agency for services rendered to him and are valid for one year. to the successors of the Client.

The warranty obligations of the Agency are terminated in accordance with the provisions of applicable law.

RIGHTS AND DUTIES

1. The customer has the right under the warranty certificate:

  • receive information on compliance with the terms of the contract;
  • receive information on real estate transactions;
  • freely access the information received (collected) by the Agency regarding the real estate object;
  • to claim compensation for damage caused by the fault of the Agency;
  • have other rights provided by current legislation.

2. Customer's obligations under the warranty certificate:

  • follow the Agency's advice;
  • timely pay for the Agency's services in accordance with the terms of the agreement;
  • timely pay the Agency reimbursement of actual costs associated, in particular, with the involvement of specialists to provide services provided for in this Regulation, during the inspection of real estate, preparation of relevant conclusions, etc., if provided by the contract for mediation or information and consulting services;
  • notify the Agency in writing of any claims related to the appeal of ownership of the Object, which relate to the validity of the Client's property rights to the Object, within three working days from the date of receipt of the relevant claim or the occurrence of these circumstances;
  • within no more than three working days from the date of receipt of information on the claim related to the appeal of ownership of the Object, submit a written application to the Agent, indicating the circumstances known to the Client at the time of application, with the claim and all available documents;
  • perform their duties without harming third parties and their property;
  • other responsibilities provided by current legislation.

3. The agency has the right under the guarantee certificate:

  • receive information and documents from the Client regarding the real estate object;
  • to receive the executed documents on representation of interests of the client, connected with performance of conditions of guarantee obligations;
  • to represent the client's interests before third parties within the limits of the powers granted in order to fulfill the terms of the warranty;
  • based on the results of compensation within the maximum guarantee amount for damages caused to the Client as a result of illegal loss of ownership of real estate, to obtain from the Client documents for recourse to the perpetrators;
  • to postpone compensation for the damage caused to the Client, if in relation to the persons participating in the agreement, law enforcement agencies have entered in the Unified Register of pre-trial investigations information about the criminal offense, due to loss of self, abuse or fraud by the Client.

4. Responsibilities of the Agency under the guarantee certificate:

  • in case of disputing by third parties the right of ownership of the Client in relation to the real estate object, to provide free legal aid;
  • provide recommendations and inform about the possibility of involving specialized specialists to ensure the participation of the representative in the trial and the submission of procedural applications in the interests of the Client;
  • to inform about the possibility of appealing against court decisions made not in favor of the Client, within the limits of the respective powers granted;
  • to advise the Client in case of bankruptcy of the developer, on the inclusion of the Client's claims in the register of accounts payable, provided that there are originals of primary payment documents confirming the payment for the object of equity construction in full.
  • to indemnify the Client as a result of unlawful loss of ownership of real estate acquired by the client within the guarantee amount of the hryvnia equivalent of 10,000 (ten thousand) US dollars, but not more than the amount specified in the contract of sale, real estate exchange.

The guarantee obligations of the Agency in the form of free legal aid are carried out by the Agent free of charge, except for the payment of court costs, which are paid at the expense of the Client. Judicial costs are costs associated with the proceedings (court fees, amounts of reimbursement of forensic costs, translation; travel and subsistence costs of the parties and third parties incurred by them in connection with the appearance in court, and other costs, specified in the procedural codes of Ukraine);

RISKS COVERED BY WARRANTY OBLIGATIONS

The Agency undertakes to indemnify the Client for the damage caused by the unlawful loss of the Client's ownership of real estate, within the maximum guarantee amount, for the following risks:

  • contestation of the Seller's heirs of the Client's ownership of the Real Estate Object;
  • challenging the legality of privatization of real estate by individuals (for residential premises);
  • contesting the contract due to the existence at the time of its conclusion of the ban on the alienation of real estate, not specified in the information certificate from the State Register of real property rights to real estate;
  • contesting the contract with the former spouse of the seller of the Object;
  • contesting the contract by a person who has a preemptive right to purchase the Real Estate.

The list of risks for which the Agency's guarantee obligation is provided is exhaustive. in part, the Agency shall indemnify for the damage caused in the part not covered by the insurance indemnity established under the insurance contract, but in any case within the maximum guarantee amount. The difference from the value of the Object and / or increase in price of the Object due to the cost of inseparable improvements and / or increase in the market value of the Object is not reimbursed by the Agency, including not grounds for additional compensation to the Client.

RISKS ARE NOT COVERED BY WARRANTY OBLIGATIONS

The Agency's warranty obligations do not apply to:

  • Clients who have not fulfilled their obligations under the contract for the provision of information and mediation or information and consulting services with a warranty certificate.
  • Clients who have not fulfilled the obligation to pay in time for information and mediation or information and consulting services of the Agency in accordance with the terms of the contract;
  • Clients who have not carried out the state registration of ownership of real estate, including under agreements entered into with a deferral circumstance.
  • Clients who applied for a real estate transaction certificate to private notaries not accredited by the Agency.
  • Clients who were informed before the real estate transactions about the possible negative consequences of the legal examination conducted by the Agency. The Agency and the Client shall be assured that the Client is aware of the possible negative consequences related to real estate transactions..

SETTLEMENT OF DISPUTES

Disputes that may arise from contracts for the provision of information-mediation or information-consulting services with a guarantee certificate shall be resolved by the parties as a result of negotiations and joint settlement, and in case of possibility of settlement by negotiations - in court.

FINAL PROVISIONS

If the concepts, terms, rules and conditions of other acts of the Agency contradict the concepts, terms, rules and conditions of this Regulation, the concepts, terms, rules and conditions of this Regulation shall apply to regulate contractual relations. \ NAmendments to this Regulation may be made only by orders changes to this Regulation.