WEFAM GROUP SÀRL
Brokerage Agreement — Seller
Seller Brokerage Agreement — to be accepted when publishing the listing
Between WEFAM Group Sàrl, whose registered office is in Genolier (VD), Switzerland (hereinafter « Wefam »),
and the Seller, identified when creating their account on the platform (name, address, contact details and property reference as recorded in the user account),
hereinafter referred to individually as a « Party » and jointly as the « Parties »,
the following has been agreed:
1. Purpose of the agreement
By publishing a listing on the Wefam platform, the Seller instructs Wefam, acting as a broker within the meaning of arts. 412 et seq. CO, to indicate the opportunity to conclude a real estate sale and/or to put it in contact with potential buyers through the platform (brokering of opportunity). The electronic signature of this agreement, materialised by online acceptance, constitutes the Parties’ consent within the meaning of art. 1 CO, the brokerage agreement not being subject to any form requirement (art. 412 CO).
2. Brokerage commission
The commission due to Wefam amounts to 1% (excluding VAT) of the final sale price, payable only if the sale is concluded as a result of an introduction made through the platform (causal link within the meaning of art. 413 para. 1 CO).
The commission becomes due upon signature of the authentic deed of sale before the notary (art. 216 CO; art. 657 CC), and may be deducted directly by the notary from the proceeds of the sale.
If no sale is concluded through the platform, no commission is due; this does not, however, release the Seller from payment of the visibility fees of CHF 550.— (excluding VAT) per month provided for in art. 4, due for the entire publication period of the listing, from its posting online until its withdrawal.
3. Accuracy of the published information
The Seller is solely responsible for the accuracy, completeness and legality of all information, data, photographs and documents they publish or transmit on the platform regarding the property (in particular: surface area, year of construction, charges, easements, surveys, asking price).
Wefam carries out no independent verification of the information provided by the Seller and cannot be held liable in the event of inaccuracy, omission or misleading nature thereof.
The Seller undertakes to update their listing without delay in the event of any change affecting published information, and indemnifies Wefam against any claim, action or damage resulting from an inaccurate or incomplete statement on their part (arts. 97 et seq. CO).
4. Visibility fees in the event of prolonged non-sale
If the property is not sold within a period of 5 months from the effective publication date of the listing, Wefam is authorised, from the start of the 6th month, to invoice the Seller visibility fees of CHF 550.— (excluding VAT) per month, intended to finance the distribution and display of the property across a set of partner real estate platforms and portals.
These visibility fees constitute a service distinct from the brokerage commission referred to in art. 2 and remain due irrespective of the conclusion of a sale; they cease to be invoiced from the month following the withdrawal of the listing by the Seller or the conclusion of the sale.
The Seller may at any time withdraw their listing from the platform in order to terminate these fees, without notice or penalty.
5. Absence of exclusivity and responsibility of the Seller
The mandate given to Wefam is non-exclusive. It is, however, up to the Seller to ensure that they are not bound by any exclusivity clause with another agency or real estate broker.
By publishing their listing, the Seller certifies that they are free of any exclusivity undertaking and indemnifies Wefam against any consequence, including financial, resulting from an inaccurate statement on this point (arts. 97 et seq. CO).
6. Prohibition of bypassing the platform
The Seller undertakes not to collude with a buyer introduced via the platform in order to conclude the sale outside of it and thereby evade payment of the commission or the display fees on the partner platforms.
Such conduct constitutes a violation of the principle of good faith (art. 2 CC) and a contractual breach (arts. 97 et seq. CO), exposing the Seller to payment of the commission originally due as well as to damages, the total amount of which may significantly exceed that of the evaded commission.
The Seller is informed that real estate transactions are recorded in the land register, which is in principle accessible to persons demonstrating an interest (art. 970 CC), allowing Wefam to verify the actual conclusion of a sale.
7. Reporting a third-party real estate agent
The Seller undertakes to report to Wefam without delay any contact initiated by a professional real estate agent or agency via the platform, as such intervention may fall under a separate cantonal authorisation regime and affect the conditions applicable to the transaction.
8. Data protection
The data transmitted by the Seller is processed by Wefam in accordance with the Federal Act on Data Protection (nFADP) and its privacy policy, available on the platform.
9. Duration, termination and acceptance
This agreement enters into force upon its electronic acceptance by the Seller and remains valid until the listing is withdrawn or the sale is concluded through the platform.
The Seller may terminate this agreement at any time by withdrawing their listing, subject to payment of the visibility fees already due within the meaning of art. 4 (art. 404 CO).
Any dispute arising from this agreement is governed by Swiss law; the legal venue is that of the registered office of Wefam Group Sàrl, subject to any mandatory provisions to the contrary.