Terms and conditions of sale

Estate Agency – Property Transactions

1. Purpose

   The purpose of these General Terms and Conditions of Sale (GTC) is to set out the terms and conditions under which the estate agency Athena Advisers offers its property transaction services relating to real estate (existing properties, new-build properties, off-plan sales – VEFA).

2. Agency details

   • Company name: Athena Conseil & Commercialisation
   • Legal form: Société par actions simplifiée au capital de 1 000,00 €
   • Registered office address: 72 rue du Faubourg Saint Honoré, Paris, 75008, France
   • RCS: n° 751 139 668 au RCS de Paris
   • Professional licence: n° CPI 7501 2016 0000 013 570 au CCI de Paris Île de France
   • Financial guarantee: GALIAN SMABTP - 120,000 €
   • Professional indemnity insurance: GALIAN SMABTP n° RCP_01_150156N

3. Scope of application

   These General Terms and Conditions apply to all property sales, search or brokerage services provided by the agency.

   Any order implies the client’s (seller or buyer) unreserved acceptance of these General Terms and Conditions.

4. Description of services

   The agency provides the following services:

   • The marketing of properties for sale
   • Property search services for buyers
   • Negotiation between the parties
   • Support through to the signing of the final deed

   Properties may include: existing properties, new-build properties, and off-plan properties (VEFA).

5. Mandate

   Any involvement by the agency is subject to the prior signing of a written mandate (simple, exclusive or semi-exclusive) in accordance with current regulations.

   The mandate specifies in particular: the sale price, the duration, the fees, and the terms of remuneration.

6. Property prices

   Property prices are quoted in euros (€), inclusive of all taxes (TTC). They may be excluding agency fees or inclusive of agency fees (HAI). This information is provided for guidance only and may be amended at any time by the seller.

7. Agency fees

   7.1 Amount

   Fees are set out in the mandate and displayed in accordance with current regulations.

   7.2 Payability

   Fees are only payable upon the actual completion of the sale, evidenced by the signing of the final deed at the solicitor’s office.

   7.3 Who pays the fees

   The fees may be payable by the seller, the buyer, or shared. This information is specified in the mandate and the advertisements.

8. Payment terms

   The sale price is paid as follows:

   • Payment of a deposit (held in escrow) upon signing the preliminary agreement or the promise to sell
   • Payment of the balance on the day the final deed is signed

   Funds are generally paid to the solicitor.

9. Off-plan sale (VEFA)

   In the context of an off-plan sale: payment is made in instalments according to the progress of the works; the purchaser benefits from statutory guarantees (completion guarantee, ten-year warranty, etc.); and calls for funds are regulated.

10. Obligations of the agency

    The agency undertakes to take all necessary steps to carry out its duties, verify essential information relating to the property, and inform the parties in a fair and transparent manner. The agency is bound by an obligation of means, not of result.

11. Client’s obligations

    Seller: To provide accurate information about the property, ensure the property is available for sale, and provide the mandatory surveys.

    Buyer: To provide accurate information about their financial situation and comply with contractual commitments.

12. Liability

    The agency shall not be held liable in the event of incorrect information provided by the client, failure to complete the sale through no fault of its own, or refusal of financing by the buyer. In any event, liability is limited to the amount of the fees received.

13. Insurance

    The agency is covered by professional indemnity insurance in accordance with legal requirements.

14. Right of withdrawal

    In accordance with the Consumer Code: non-professional buyers are entitled to a 10-day withdrawal period following the signing of the preliminary agreement.

15. Protection of personal data

    Personal data is collected in the context of the commercial relationship and processed in accordance with the GDPR. The client has the right to access, rectify and delete their data.

16. Anti-money laundering

    In accordance with regulations, the agency may be required to request proof of identity and proof of the origin of funds.

17. Disputes

    In the event of a dispute, an amicable solution will be sought as a priority. Failing that, jurisdiction is assigned to the competent courts. There is an option to refer the matter to a consumer ombudsman.

18. Governing law

    These T&Cs are governed by French law.