TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
Your access to and use of Siam Real Estate (SRE) www.siamrealestate.com ("the Website") services are subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website and agreeing to SRE’s assistance you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website and SRE services.
2. ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
SRE reserves the rights to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SRE shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. COPYRIGHT
4.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to SRE or otherwise used by SRE as permitted by law.
4.2 In accessing the Website, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
5 DISCLAIMERS AND LIMITATION OF LIABILITY
5.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.2 To the extent permitted by law, to SRE will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
5.3 SRE makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6. SERVICES
6.1 You agree to allow SRE to act as your agent in regards to the property you have placed on the Website. In return you will receive directory listing on the Website. Dor the time that your property should be available for Sale or Rent. You will of course be able to use other agents to Sell or Lease your property when advertised on other websites, billboards, or other forms of media.
6.2 You agree to allow SRE employees and co-agents access to your property in order to show potential clients and interested parties. SRE and her co-agents will give advanced warning of any visit to your property.
7. COMMISSION TERMS
Your listing is conditional on and subject to the following terms:
You agree to pay SRE and agents the following minimum fees if they are successful in Leasing or Selling your property.
7.1. Leasing
- 10% commission for lease of any duration plus VAT
- Lease extension - The Owner agrees to pay the Broker for any extension to the Lease beyond the initial term at the commission rate of 10% plus VAT of any further agreement entered into between the Lessor and Lessee.
7.2. Selling
Commission fees chargeable based on sales price (plus vat) agreed and applicable as follows:
- Minimum Commission Amount: THB 250,000
- Bangkok area - 3% commission plus VAT for any successful Sale of your property
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Other areas
Sale Price (THB) Commission Rate Less than 30,000,000, non-exclusive listing 6.0% Less than 30,000,000, exclusive listing 8.0% 30,000,000 or more, non-exclusive listing 5.0% 30,000,000 or more, exclusive listing 7.0%
7.3. Payment of commission
Rentals - Commission is due in full from the deposit from the Lessee and is payable promptly thereafter plus VAT.
Sales - Commission is due in full to the Broker upon first main deposit from the Buyer plus Vat.
7.4. SRE will have exclusive control of the property listing in the confines of the Website they will be responsible for answering all enquiries and dealing with all requests made through the Website. SRE will also be responsible for deleting or adjusting details (inc. the property itself) when advised to do so by the owner or when the property is no longer to be advertised.
8. ENCUMBRANCES
The Owner/Seller confirms herewith that he/she is the owner of the property above and that there are no liens or mortgages against the property and that the title deed/s are valid and up to date and the owner is free to sell or lease the property with no encumbrances whatsoever.
9. INDEMNITY
You agree to indemnify and to hold SRE and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against to SRE arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Thailand and you hereby submit to the exclusive jurisdiction of the Thai courts.
Registered office:
Siam Real Estate Phuket Co., Ltd.
2/42, Moo 4, Viset Road,
Rawai, Phuket, 83130
