Residential field in Malounta, Nicosia, 8120: GoGordian

Tender form

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Electronic tender form

You must fill in the following information. Fields marked with an asterisk (*) are mandatory.

1 - Are you a Real Estate Agent?

TENDER FORM FOR THE PURCHASE OF A PROPERTY OR A WHOLLY SUBSIDIARY COMPANY FROM GORDIAN SERVICING LIMITED ("OWNER")

This Tender Form concerns the purchase of the real estate asset set out in the "Property" section below, except where the 'Property description's section of the webpage where the details of the Property are set out (the "Webpage") stipulates that it is the company which owns the Property (the "SPV") (rather than the Property itself), which is for sale. In the latter case, a) except as regards paragraph 10 of the Terms and Conditions section herein, references herein to the "Property" are to the SPV, details of which are set out in the relevant Webpage; and b) as regards paraph 10, references therein to "Property" shall refer to the SPV and the property owned by the SPV concerned, details of which are set out in the relevant Webpage.

We, Gordian Servicing Limited ("Gordian Servicing", "we", "us" or "our") have been duly authorised by the Owner to advertise the Property for sale and to manage the relevant sale process.

For the avoidance of doubt, Gordian Servicing is not a real estate agent and does not provide any real estate agent's services nor does it operate as a legal or financial or other professional advisor. Further, no warranty is provided by Gordian Servicing with regards to the acceptance by the Owner of an offer for the purchase of the Property or the entire share capital of the SPV, as applicable, nor any obligation is imposed on Gordian Servicing to respond to and/or consider and/or accept any such offer. The sale of the Property, or the entire share capital of the SPV, as applicable, is subject to contract between the Owner and the successful tenderer.

2 - Property Website Reference Number ("Property") *

DETAILS OF TENDERER

3 - Name *

4 - Surname *

5 – For and behalf ofComplete name of authorised representative and name of legal entity which it represents, if the Tenderer is a legal entity

6 - ID / Passport Number / Registration Number *

7 - Address / Registered Office *

8 - Telephone Number *

9 - Email address *

OFFER

10 - Amount (€) excluding VAT (in numbers)*

11 - Amount (€) excluding VAT (written in full)*

The purchase price of the Property may be subject to VAT, in which case, such VAT will be payable by the purchaser

DETAILS OF THE REAL ESTATE AGENT

12 - Name of Real Estate Agency *

13 - Full Name of the Real Estate Agent *

14- ID / Passport Number *

15 - Real estate agent registration number *

16 - Real estate agent license number *

17 - Address / Registered Office *

18 - Telephone Number *

19 - Email address *

20 – Disclosure Please tick the applicable circle(s) below and fill in the required information:

The Real Estate Agent, and/or the spouse or child of such Real Estate Agent, does not have an interest with/in the Tenderer, or vice versa.

The Real Estate Agent has the following interest with/in the Tenderer, or vice versa:

The Real Estate Agent is a spouse or child of the Tenderer, or vice versa;

The Real Estate Agent is a shareholder of the Tenderer, or vice versa – holds % of the relevant shares;

The spouse or child of the Real Estate Agent is a shareholder of the Tenderer, or vice versa, – holds % of the relevant shares; or

The Real Estate Agent or the spouse or child of the Real Estate Agent is a shareholder of a direct or indirect holding company of the Tenderer (or of a first degree relative thereof), or vice versa, – holds % of the relevant shares.

Electronic tender form

DECLARATION BY REAL ESTATE AGENT

By submitting to Gordian Servicing Limited this Tender Form, I/We , declare, acknowledge, confirm and agree all of the following: that I/we:

are duly licensed as a real estate agent and registered under the laws of Cyprus;
have been duly appointed, represent and are acting for and on behalf of the Tenderer in relation to submitting this Tender Form concerning the Property; and that such appointment shall be in force for the latest of a) 90 days from this declaration, or b) until completion of the purchase of the Property, provided that in the latter case the relevant contract of sale was entered into with Gordian within 90 days of this declaration, except where (in either case), Gordian was previously informed by me/us and/or the Tenderer, of the revocation of such authorisation.
fully informed the Tenderer of all matters concerning the Property (including its natural status and any encumbrances affecting it) and of the completion and submission of this Tender Form;
are bound and bind the Tenderer by the terms of this Tender Form and by Gordian's Website terms and conditions located at http://gogordian.com;
for my/our services, subject to the 'General Terms and Conditions' below (including, without limitation, the sections concerning Real Estate Agents), I/we will receive a percentage commission (plus VAT) calculated on the agreed purchase price of the Property, as set out below; and that such commission will be rendered due and payable by the Owner only upon completion of the sale of the Property concerned and the full settlement (and receipt by the Owner in cleared funds) of the purchase price ("Purchase Price") of the Property
For the avoidance of doubt, Gordian Servicing does not accept any liability and/or obligation whatsoever for the payment of any commission, remuneration, compensation, fees and/or costs to a Real Estate Agent; and such responsibility and liability, if it occurs, rests solely with the Owner
as at the date of this Declaration and to the best of my/our knowledge and belief, the information set out in the 'Disclosure' section below is true and accurate.
If it transpires that any of the declarations set out in this section are not true and/or accurate, I/we will not be entitled to the aforementioned commission.

GENERAL TERMS AND CONDITIONS

Offer for the purchase of a property

1. An offer for the purchase of a property from Gordian Servicing Limited with reg. no. HE378128 or a subsidiary of Gordian ("Gordian", "we", "us" or "our") must be made through the submission of this Tender Form to Gordian by email at offers@gordianservicing.com or electronically via the relevant property page on our website www.gogordian.com. Gordian reserves the right not to review a Tender Form which is delivered otherwise, and such an offer may be considered as having not been made.The Tender Form must be duly completed and signed in accordance with its terms, otherwise it may not be accepted.

2. If the tenderer is a legal entity (a company or a Limited Liability Partnership), the Tender Form must be signed by its directors or authorised signatories and the legal entity’s name must be completed. The tenderer’s certificate of incorporation, identification documents of its authorised signatories and any other documents which Gordian may request, must be submitted with this Tender Form.

3. Gordian shall not be liable towards a tenderer if the Tender Form is not received or is received with a delay. Gordian also reserves the right to consider, review, disregard and/or reject a Tender Form submitted at any time, without providing a reason, and irrespective of the amount offered for the purchase of the property (including if it is the highest offer price) or of the date and time of its submission to Gordian. If a Tender Form is not reviewed or is rejected by Gordian, or the property is no longer available for sale, Gordian may inform the tenderer accordingly but is not obliged to mention the reason for this.

4. Gordian will notify a tenderer in writing if the tenderer’s offer to purchase the property is accepted.

Sale of a property

5. The sale of a property is subject to contract. Accordingly, unless precluded by applicable laws, regulations or matters beyond its control, Gordian will sell a property to a tenderer in accordance with the terms of a reservation agreement ("Reservation Agreement") and a sale and purchase agreement ("SPA") concerning the property, entered into between Gordian and the tenderer.

6. Unless otherwise agreed to by Gordian in writing:

a) Within 10 (ten) days from the date stated in the beginning of the Reservation Agreement (which will be circulated to the tenderer together with the acceptance of the tenderer's offer), in order to exclusively reserve and lock the property for 30 (thirty) days thereafter, the purchaser must sign and return the Reservation Agreement to Gordian, and pay to Gordian a fee of (the "Reservation Fee"):
- 10% of the Purchase Price where the Purchase Price is under €5.000; or
- €5.000 – where the purchase price of the property is under €300.000; or
- €10.000 – where the Purchase Price is between €300.000 and €500.000; or
- €20.000 – where the Purchase Price is between €500.000 and €1.000.000; or
- the lower of up to 5% of the Purchase Price and €100.000 – where the Purchase Price is over €1.000.000.
The Reservation Fee is part payment of the Purchase Price and will be deducted from the Purchase Price if the purchaser fulfills its/his/her obligations under the Reservation Agreement.

Prior to the completion of a) above, if Gordian is prevented from selling the property due to any applicable law, regulation and/or the occurrence of an event beyond its control, Gordian reserves the right to withdraw its acceptance of the purchaser's offer via written notice to the purchaser; and will not be liable to the purchaser for any costs, fees and/or expenses (including but not limited to professional fees) that the purchaser may have incurred in relation to the property.
b) Within 30 (thirty) days from the date of receipt by Gordian of the signed Reservation Agreement, the purchaser must negotiate, agree and sign the SPA and pay to Gordian as insurance/guarantee by the purchaser for the faithful performance of the terms of the SPA, a deposit of:
- 10% of the Purchase Price where the Purchase Price is under €5.000; or
- €5.000 where the Purchase Price is below €300.000; or
- €10.000 where the Purchase Price is between €300.000 and €500.000; or
- €20.000 where the Purchase Price is between €500.000 and €1.000.000; or
- the lower of up to 5% of the Purchase Price and €100.000, where the Purchase Price is over €1.000.000;
and a part payment of the purchase price less the Reservation Fee.
c) The balance of the Purchase Price ("Balance") must be paid simultaneously with the transfer of the property at the Land Registry to the purchaser, which must take place within thirty (30) days from the signing of the SPA.

If the purchaser does not pay the Balance, Gordian may, at its absolute discretion, terminate the SPA and monetise, advertise and/or sell the property to any third party, withhold any deposit received for the purchase of the property, and/or seek any other remedy that it may be legally entitled to, in all cases, without the purchaser having any claim against Gordian in relation to the property, the deposit paid or otherwise, including but not limited to any costs and/or expenses incurred in relation to the property to that date. In the event of termination of the SPA, the purchaser will be obliged to withdraw immediately the SPA from the Land Registry (if it was submitted for registration).

7. The Purchase Price and/or any part of it, will be deemed as paid only once it is cleared in Gordian's bank account, and will be accepted by Gordian only once Gordian completes to its satisfaction all the Know Your Customer (KYC) and anti-money laundering checks required by applicable laws, regulations, regulatory authorities and/or Gordian’s internal practices. Accordingly, the purchaser agrees to provide to Gordian all KYC documents and information that Gordian may request.

8. Until the full payment of the Purchase Price to Gordian and the transfer of the full ownership of the property to the purchaser, Gordian shall retain the ownership and possession of the property.

The process for the stamping of the SPA shall be carried out by Gordian, whilst the stamp duty fee shall be borne and paid exclusively by the purchaser, who will also be responsible for paying the relevant Land Registry fees for the submission of the SPA (if any) at the Land Registry. The purchaser shall also pay the property transfer fees and costs for the registration of the property in the purchaser’s name at the Land Registry.

Real Estate Agent

9. Where a Real Estate Agent is involved in the purchase of the property, the following sections of this Tender Form must be completed, in addition to all other required information:

'Details and Authorisation of Real Estate Agent' – and be signed by the tenderer;
'Declaration by Real Estate Agent' – and be signed by the Real Estate Agent; and
'Tenderer's Acceptance of the Tender Form' – and be signed by the tenderer.

Also, Gordian must, upon request, be provided with information relevant to the Real Estate Agent to conclude its background checks in line with its internal acceptance policy requirements.

Real Estate Agent's commission

10. Gordian shall pay to the Real Estate Agent recorded in this Tender Form the applicable percentage commission set out below only when the sale of the property to the tenderer recorded in this Tender Form has been completed; and the total amount of the Purchase Price has been cleared in Gordian's bank account. Gordian does not accept any liability or obligation whatsoever to pay any commission, fee, remuneration, costs and/or compensation to a Real Estate Agent prior to the completion of the sale of the property to the tenderer and the receipt by Gordian of the full purchase price of the property in clear funds.

11. If the Purchase Price is up to €5.000.000 – the commission is 5% plus VAT, except where:

a. The Real Estate Agent is a spouse or child ("First Degree Relative") of the tenderer, or vice versa, in which case NO commission will be paid to the Real Estate Agent;
b. The Real Estate Agent or the Real Estate Agent’s First Degree Relative, is a shareholder of the tenderer or of a direct or indirect holding company of the tenderer (or of a First Degree Relative thereof), or vice versa – and holds more than 50% of the relevant shares; in which case, NO commission will be paid to the Real Estate Agent;
c. The Real Estate Agent orthe Real Estate Agent's First Degree Relative is a shareholder of the tenderer or of a direct or indirect holding company of the tenderer (or of a First Degree Relative thereof), or vice versa, – and holds 50% or less of the relevant shares in which case, commission will be paid to the Real Estate Agent proportionately. For example:
- If 50% of the shares are held – the commission is 2.5%
- If 40% of the shares are held – the commission is 3%
- If 30% of the shares are held – the commission is 3.5%
- If 20% of the shares are held – the commission is 4%
- If 10% of the shares are held – the commission is 4.5%.

12. If the Purchase Price is over €5.000.000 –the commission percentage will be determined by Gordian on a case by case basis (prior to the signing of a Reservation Agreement and a SPA) but shall never exceed 5% of the Purchase Price) and NO commission will be paid where paragraph 12. a. or b. above applies.

PERSONAL DATA

For information on how we, Gordian Servicing Limited process personal data, the rights of data subjects and other important information regarding the collation and use of personal data by us, please read our Privacy Notice at https://gogordian.com/privacy-policy/ (the "Privacy Notice"). Where the Tenderer is a legal entity, the Tenderer undertakes to inform its directors, officers, shareholders, ultimate beneficial owners and authorised representatives who are natural persons, that they can learn about the processing of their personal data, their rights and other important information regarding the security and use of their personal data by Gordian, by referring them to the Privacy Notice.

Please tick this box to confirm that you have read and accept our Privacy Notice.

Please tick this box to confirm that you have read and accept in your personal capacity as Real Estate Agent as well as for and on behalf of the Tenderer, our Privacy Notice.

ACCEPTANCE DECLARATION AND SUBMISSION OF THE TENDER FORM

Please tick the following boxes to confirm that you have read and accept the terms and conditions set out in this Tender Form as well as certain other matters and wish to submit this Tender Form to us.

By submitting to Gordian Servicing Limited this Tender Form, I/We, the Tenderer , declare and confirm that:

I know that when my tender is submitted, I will be bound by the terms and conditions of this Tender Form.

I am making a tender for the purchase of the property set out in the beginning of this Tender Form and I wish to submit this Tender Form.

I have considered whether I need to obtain independent professional advice in relation to the purchase of the Property concerned, I have read this Tender Form in its entirety carefully, and fully understand and accept its terms and conditions.

I have visited and inspected the Property, have reviewed all the available documents concerning the Property and I am fully satisfied with the Property’s state and condition, both physically and from a legal perspective. I also acknowledge and accept that Gordian shall not bear any liability towards me for any legal or physical defect of the Property and that I am willing to purchase the Property at its present state and condition irrespective of any description of the Property in the title deeds and/or in any other document concerning the Property (including without limitation any architectural plans, valuations, technical due diligence reports, advertisement and/or brochure).

Please tick the following boxes to confirm that you have read and accept the terms and conditions set out in this Tender Form as well as certain other matters for and on behalf of the Tenderer, and wish to submit this Tender Form to us for and on behalf of the Tenderer.

By submitting to Gordian Servicing Limited this Tender Form, I/We , declare and confirm that:

I/we know that when the tender set out herein is submitted, the Tenderer and I/we will be bound by the terms and conditions of this Tender Form.

I/we are making a tender for the purchase of the property set out in the beginning of this Tender Form for and on behalf of the Tenderer and I/we wish to submit this Tender Form for and on behalf of the Tenderer.

for and on behalf of the Tenderer, that the Tenderer has considered whether the Tenderer needs to obtain independent professional advice in relation to the purchase of the Property concerned, and that I have read this Tender Form in its entirety carefully, and fully understand and accept its terms and conditions for and on behalf of the Tenderer, as well as in my/our personal capacity as a real estate agent to the extent that these apply to me/us.

for and on behalf of the Tenderer, that the Tenderer has visited and inspected the Property, has reviewed all the available documents concerning the Property and is fully satisfied with the Property's state and condition, both physically and from a legal perspective. I/we also acknowledge and accept for and on behalf of the Tenderer that the Owner and/or Gordian Servicing Limited shall not bear any liability towards the Tenderer and/or any third party for any legal or physical defect of the Property and that the Tenderer is willing to purchase the Property at its present state and condition irrespective of any description of the Property in the title deeds and/or in any other document concerning the Property (including without limitation any architectural plans, valuations, technical due diligence reports, advertisement and/or brochure).

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