Precontract form – English

AGENT INFORMATION FORM AND PRE-COLLABORATION CONTRACT

* All fields with an asterisk are obligatory

Date

FISCAL INFORMATION

Fiscal name

Commercial name (if different)

Company tax number (CIF)

Office address (full address including street, number, town, postcode, region and country). If this is also the fiscal address, please state so.

Fiscal address (if different from office address) (full address including street, number, town, postcode, region and country)

Company website

Main e-mail address

Which e-mail address should we use to send the signed copy of this pre-collaboration contract?

Name of the person who deals with invoices

E-mail address of the person who deals with invoices

Office telephone number

IBAN for paying commissions

Who will be signing the contract? The director or a representative? (please state “director” or “signatory”)

Full name of director / owner (as stated on Passport / ID etc.)

NIE / Passport Number / ID Number (please specify which one and indicate the associated country if it is not a NIE) of the director / owner

Nationality of the director / owner

Preferred language of the owner (English, French, Dutch / Flemish or Spanish)

Telephone number of the director / owner

Direct e-mail of the director / owner

Full name of signatory (if director/owner will not be signing the contract) (as stated on Passport / ID etc.)

NIE / Passport Number / ID Number (please specify which one and indicate the associated country if it is not a NIE) of the signatory (if the director / owner will not be signing the contract)

Nationality of the signatory (if the director / owner will not be signing the contract)

Preferred language of the signatory (English, French, Dutch / Flemish or Spanish) (if the director / owner will not be signing the contract)

Telephone number of the signatory (if the director / owner will not be signing the contract)

Direct e-mail of the signatory (if the director / owner will not be signing the contract)

Which e-mail address would you like us to use for the private account on our website?

Please provide the names, job titles, email addresses, and phone numbers of employees, along with their preferred language (English, Spanish, Dutch/Flemish, or French, so we can assign them to the appropriate mailing list).

GENERAL INFORMATION

What is your typical client profile? i.e. budget, etc.

Which countries do you advertise in (what nationalities do you try to attract?)

Which nationalities do you most sell to

Areas covered by agency (Costa Blanca North, Costa Blanca South, Almería, Costa Cálida etc.)

Commercial structure (Nº offices, locations, nº sub-agents, etc.)

Languages spoken in your offices

Planned marketing actions (off line and on-line)

Attendance at Real Estate Fairs

Which of our developments are you interested in selling? (Font del Llop, Desert Springs)

Do you need an XML feed? If so, in Kyero or Media Elx format?

Requirements from us

Other useful comments

Pre-Collaboration contract

Permission to market & sell – Silc Estates’ exclusive properties

Parties:

This pre-contract (the “Pre-Contract”) is entered into by SILC ESTATES, S.L. with registered address at Avda. de la Estación 16 – 2ª D, 03005, Alicante and office address CAMPO DE GOLF FONT DEL LLOP, Ctr. Alicante – Aspe CV 847, km 3,8, Monforte del Cid, 03679, Alicante, with tax identification number B-42651547, and AZAFRAN ESTATES, S.L. with registered address at Avenida de la Libertad Nº33, Bajo, 03201 Elche, with tax identification number B-19968676, (together, the “SILC ESTATES Group” or “SILC ESTATES”), and the company identified in the above form (the “AGENT”).

Purpose & interim nature:

Subject to the terms below, SILC ESTATES authorises the AGENT to advertise, market and intermediate the sale of SILC ESTATES’ Exclusive Projects listed herein on a non-exclusive basis. This is a preliminary agreement. The parties will sign the Collaboration Contract once the AGENT completes its first sale (or earlier upon SILC ESTATES’ request).

1. Status, authority & costs

1.1 Independent intermediary. The AGENT acts as an independent intermediary, bearing all of its own costs and taxes.
1.2 No authority to bind. The AGENT has no authority to bind SILC ESTATES, sign contracts, issue receipts, or receive monies on behalf of SILC ESTATES.
1.3 Sub-agents. The AGENT may hire sub-agents/personnel at its own risk and expense, remaining fully responsible and liable for their conduct and compliance.

2. Materials, pricing & accuracy

2.1 Official sources of truth. The AGENT shall use only official, up-to-date materials (images, plans, descriptions, price lists etc.) from:

Websites: https://silcestates.com/exclusive-properties/ and https://azafranestates.com/exclusive-properties/
Agent private area on SILC ESTATES’ websites (if applicable)
Official Dropbox folders
Personalised XML feed supplied by SILC ESTATES

Official Resources:

Dropbox folders:

• FONT DEL LLOP: https://www.dropbox.com/sh/9sh6sqldrpn7ngk/AACECFk4Ara4bePIq6t-bxkaa?st=jvtnyx7i&dl=0
• DESERT SPRINGS ALMERIA: https://www.dropbox.com/scl/fo/wzmg5npk247do7d2hb2e2/AIGlikoiUkl8tosIcCVZwFo?rlkey=v9sv5cc99rvef9h3654jm819v&st=5w0oyoi9&dl=0

WhatsApp channel updates:

news.silcestates.com

2.2 Price integrity. The AGENT must not market any property below the official price list in force. The valid prices/availability are those shown on the official websites, Agent private area, Dropbox folders, or XML feed.
2.3 Listings accuracy. The AGENT must keep all listings accurate and current. If the AGENT displays wrong prices, out-of-date units, or misleading information, SILC ESTATES may suspend or terminate this Pre-Contract (see Clause 8) and the AGENT must promptly remove all SILC ESTATES properties from its websites, portals, advertisements, social media, etc.

3. XML feed & manual updates

3.1 Preferred method. SILC ESTATES prefers the AGENT to integrate the personalised XML feed to avoid pricing/availability errors.
3.2 Manual alternative. If the AGENT does not use the XML feed, it must ensure timely manual updates whenever SILC ESTATES updates its data.

4. Client registration & viewings

4.1 How to register. To register clients and organise viewings (or agent training sessions), email info@silcestates.com with:
• Full name of the client(s)

• Nationality of clients

• What they wish to see

• Date and time of visit

• If possible, clients’ email and/or phone number (or part thereof)
4.2 Method & minimum data. Registration requests must be sent by email to info@silcestates.com and include the minimum required data; requests via WhatsApp or any other email are invalid. Without the minimum data, registration is not guaranteed.
4.3 Valid Registration. A registration is VALID only when SILC ESTATES has received the required data correctly and the client visits the property/development. If the client was previously registered by another collaborator or by the SILC ESTATES Group, SILC ESTATES will notify the AGENT.
4.4 Protection period. For clients with a VALID REGISTRATION, the AGENT has 90 days’ protection. If no sale is completed within 90 days, protection expires, and others may sell to the client without commission to the AGENT.
4.5 No-visit scenario (AGENT-registered). If an AGENT-registered client has not yet visited and appears at SILC ESTATES’ offices without the AGENT, and SILC ESTATES completes the sale, the AGENT is entitled to 75% of the commission.
4.6 SILC-registered clients. If a client was registered by SILC ESTATES, the AGENT may subsequently register and sell to that client; in such case the AGENT is entitled to 75% of the commission.
4.7 Residual cases. In any other situation, SILC ESTATES will confer with the parties involved to reach a fair and equitable agreement.

5. Commissions & settlement

5.1 Eligibility levels.

Referred (not qualified): 25% of commission
Qualified (organises visit, does not accompany viewing): 75% of commission
Qualified & accompanies viewing: 100% of commission

5.2 Basis of calculation. Commissions are calculated on the net price (excluding VAT and extras). The AGENT will receive the agreed percentage applied to the commission actually received by SILC ESTATES, which may vary due to discounts or gifts to the client offered by the AGENT.
5.3 Flow & timing. The developer pays SILC ESTATES; SILC ESTATES then notifies the AGENT to issue its invoice (with applicable VAT). SILC ESTATES shall pay within 30 days of receipt of the AGENT’s invoice, provided SILC ESTATES has received the commission from the developer.
5.4 Proportional payments. Commissions may be paid proportionally in line with amounts paid by the client to the developer.
5.5 Sub-agents. Clients introduced by the AGENT’s sub-agents must be registered under the AGENT’s name. SILC ESTATES pays only the AGENT, who is solely responsible for any fees due to sub-agents.
5.6 Cancellations (clawback). If the AGENT’s client cancels the purchase, the AGENT shall refund to SILC ESTATES any commission previously paid for that sale.

6. Conduct, confidentiality & non-solicitation of owners

6.1 Reputation. The AGENT shall not carry out activities that negatively affect the reputation and good name of SILC ESTATES.
6.2 Confidentiality. Both parties shall not disclose confidential information obtained from the other. This obligation survives indefinitely after termination.
6.3 No direct owner contact. The AGENT shall respect agreements SILC ESTATES has with owners/developers/builders of the Exclusive Projects/Properties and shall not deal directly with such owners/developers.

7. Exclusive projects & commission rates

7.1 SILC ESTATES websites (overview of exclusives):
https://silcestates.com/exclusive-properties/ and https://azafranestates.com/exclusive-properties/
7.2 Commission rates (current):
Font del Llop Golf Resort (Monforte del Cid)
• ANNAPURNA II Apartments: 8%
• JAYA Apartments: 8%
• ALMANZOR II Semi-detached villas: 8%
• MAKALU III Villas: 7%
• EVEREST Villas: 6%

Desert Springs (Almanzora)
• Apartments & terraced houses: 9%
• Villas: 8%

(Rates may be updated by subsequent annexes or written notices (e-mails) from SILC ESTATES.)

8. Term, suspension & termination

8.1 Effect. This Pre-Contract takes effect only upon signature by the SILC ESTATES representative and remains in force until replaced by the Collaboration Contract or revoked by either party by email notice. Ongoing registered clients and agreed commissions will be honoured. (Note: the full contract includes a 5-year term and further details.)
8.2 Termination for cause. SILC ESTATES may terminate immediately for material breach, including mispricing, out-of-date/misleading listings, reputation harm, unauthorised commitments, receiving client monies, lack of professionalism, or breach of confidentiality, among others.
8.3 Termination for convenience. Either party may terminate for convenience by written notice (email suffices). In the case that the AGENT wishes to terminate this agreement, the AGENT must e-mail info@silcestates.com.
8.4 Take-down on termination. If either party terminates this agreement, the AGENT must remove all SILC ESTATES properties from its websites, portals, social media, adverts, etc. within 14 days of the written notice.
8.5 Survival. Clauses intended to survive (including confidentiality, IP/take-down, reputation, clawback) survive termination. Termination does not affect accrued rights or remedies.

9. Termination of promoter exclusivity and effects

If SILC ESTATES’ exclusivity with the promoter/owner ends (by termination, cessation, cancellation, or non-renewal), the affected project(s) are automatically excluded from this Pre-Contract with immediate effect. No indemnity, compensation, expense reimbursement, loss of profit/opportunity, or similar is owed to the AGENT, without prejudice to commissions already accrued for transactions formalised before such termination. Email notice from SILC ESTATES to the AGENT’s contact address shall be sufficient.

10. Jurisdiction
The parties expressly submit to the Courts of Elche (Spain) and waive any other jurisdiction, without prejudice to mandatory law.

11. Acceptance (Online Signature)

By signing this online form/pre-contract, the AGENT accepts and agrees to this Pre-Contract and confirms the form has been completed truthfully and correctly.

Signature

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Data Controller: SILC ESTATES S.L. Purpose of Processing: Management and control of the services offered through the real estate service website, sending information through newsletters, and others. Legal Basis: By consent. Recipients: Data will not be transferred, except for accounting purposes. Rights of the Data Subjects: Access, rectify, and delete data, request data portability, object to processing, and request limitation of processing. Source of Data: The data subject. Additional Information: You can consult additional and detailed information about data protection here: www.silcestates.com.