TERMS & CONDITIONS FOR A CLIENT
Living Solutions has the most preferred areas have very high demand and the better homes rent quickly. If you are relocating to Dar es Salaam we suggest you contact us before your arrival so we can determine your preferences and be prepared to show you appropriate properties shortly after your arrival.
Living solutions allows User/clients to locate and evaluate proposals from independent third party real estate professionals. User/clients (whether a home buyer or a home seller) agree to supply Living solutions with information about themselves and the property they want to sell or hope to buy. Living solutions will use this information within Living solutions and will provide certain details on an anonymous or non-anonymous basis depending on the Living solutions service to third parties who are, in most cases, appropriate members of its real estate agent network. User/clients may also agree to have the information he/she has supplied to Living solutions forwarded to real estate or other third-party professionals referred by Living solutions. As Living solutions uses e mail , on an almost exclusive basis, to provide Living solutions services, all Living solutions user/clients must consent to receive E mail from Living solutions to register for Living solutions services. Living solutions user/clients will also be required to consent to receive e mail s from third party(ies) if the Living solutions service requested requires services from a third party(ies)(for example, a local real estate agent).
To assure the value of Living solutions services, you agree that all of the information you have provided to Living solutions, whether online or otherwise, is accurate and complete. Living solutions reserves its right to terminate or suspend access to any user/client information that is alleged to be inaccurate or misleading. If required by the terms of the Living solutions service requested by User/client, you authorize Living solutions to forward your information to its network of real estate professionals according to the terms and conditions of the Living solutions services that you use.
Obligations of Home Buyer/Sellers Registered with Living solutions
By completing your registration with Living solutions as a potential Home Buyer or Home Seller, you agree that:
4.1You are of legal age and are otherwise capable of forming a legally binding contract;
4.2You are interested in purchasing/selling property or both;
4.3You are interested in purchasing/selling property located in the Dar es salaam;
4.4You do not have an exclusive contractual or other arrangement with any Real Estate Professional;
TERMS & CONDITIONS FOR AGENTS
1.1. This Agreement comprises the following parts:
(a) the electronic application form for the Services available on the online agent portal (Application Form);
(b) these terms and conditions (as amended by Living solutions from time to time);
(c) the general Terms and Conditions of Use for the Website located at https://www.livingsolutions.co.tz/terms-and-conditions/ (as amended by Living solutions from time to time); and
(d) any other document provided to you by Living solutions expressed to form part of this Agreement.
1.2. If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in clause 1.1 prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.
Listing of agents is based on data received in writing or orally by the Agency or data received written or oral order of the agency. Mediator retains the possibility of error and prior sale or withdrawal by the owner of the property.
- Mediator in real estate transactions is authorized agency that meets the requirements for mediation in real estate, or “Select Home” – Real Estate Agency (hereinafter referred to as the Agent).
- Is to make sure that the house you listing are truly for rent or sale and not other wise
- Real estate agent is a natural person who is listed in the official Real Estate Agents Directory and employed as such(hereinafter referred to as the Agent).
- Mediation in real estate is connecting the principal and the third party negotiations and preparations for the conclusion of legal transactions which are subject to certain property, especially in the purchase, sale, exchange, lease, rental, etc.
- Principal is a natural or legal person who with real estate agents enters into a written agreement on mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate – hereinafter referred to as the Principal).
- Third person is a person that real estate broker is trying to connect with the customer in order to negotiate business contracts which are subject to certain real property (hereinafter referred to as the third person).
- . Living solutions may, from time to time, set guidelines for how property listings will be returned in searches on the Websites.
- As at the date of this Agreement, information that Living solutions uses to determine the search results includes:
- (a) the provided values, property type, property attributions and relevant third party data and sources; and
- (b) for determining search results around price or price refinement, the search values that are provided within the feed or within the Living solutions agent dashboard separate to the advertised price.
- Living solutions reserves the right to update these guidelines from time to time by either updating this Agreement or making available the updated guidelines on the Website.
TERMS & CONDITIONS FOR OWNERS
(a) Living solutions provides no warranties in relation to the number of leads (that is, enquiries for further information submitted by users of the Website) you may receive; and
(b) Living solutions has no control over authenticity, accuracy or otherwise of any such leads.
(a) You’re have the referred documents making you legally the Landlord of the rented place
(b) Ensure that all leads are handled by a suitably trained person in a professional and expeditious manner; and
(c) Not sell, assign or otherwise provide whether electronically or otherwise any lead (or information derived from a lead) to any person.
You acknowledge that:
(a) Living solutions will use its best endeavors to deliver all leads to the nominated email address, or where the place is available at ;
(b) Living solutions will not be liable for any delay or failure to deliver leads to you which is caused by any technical or technological fault or failure or where any delay or failure to deliver a lead is due to any third party (such as a third party website which displays listings; and
(c) in order to accurately record the number of leads delivered for each listing, Living solutions retains sole control over the contact details provided by you, and you will not attempt to include any unauthorized contact details in any listing.
- The brokerage commission is specified in the price list of Living solutions which is an integral part of the General Terms and Conditions. By signing the real estate brokerage agreement, the client undertakes to pay Living solutions for all the services rendered in accordance with the current price list.
- The real estate agency may only charge the brokerage commission to the client on the basis of a real estate brokerage agreement.
- If the company provides brokerage services for both parties (the seller and the buyer), If brokerage services are rendered for the rental or lease of real estate, the brokerage commission amounts to one monthly rent if the lease contract is signed for a period of up to one year or two monthly rents if the lease contract is signed for a period of two years or more.
- If the client finds a third party by himself and signs a contract with said third party for the property for which the brokerage services were rendered, the real estate agency is entitled to ¼ of the agreed brokerage commission. The brokerage commission is paid on the basis of completed transactions. If the third party is an immediate family member of the client, the real estate agency is entitled to the full brokerage commission.
- The brokerage commission is subject to, but given exclusive of, VAT.
- The brokerage commission becomes due and payable upon the signature of a preliminary contract or the payment of a deposit. If no preliminary contract is signed and no deposit is paid, the commission becomes due and payable upon the signature of the main sales or lease contract.
- The real estate agency is also entitled to the brokerage commission if the client or his immediate family member signs a contract for the property for which the brokerage services were rendered with a third person introduced to the client by the real estate agency, if such a contract is signed within six months of the termination of the brokerage agreement.
- The real estate agency is also entitled to the commission if the contracting parties later withdraw from the contract for the property. The brokerage commission is paid on the basis of completed transactions and must not exceed ¼ of the brokerage commission agreed in the agreement.
- The real estate agency is not entitled to the brokerage fee if the real estate agency itself signs a contract with the client for the property for which the brokerage services were rendered or if such a contract is signed with the client by the real estate agent who rendered the brokerage services on behalf of the real estate agency.
If the client fails to disclose upon signing the brokerage agreement that he has also signed a brokerage agreement with another real estate agency and a contract is subsequently signed for the property through another real estate agency, the client will be obligated to pay the same amount of commission as if he had found the third party by himself.