Seller Brokerage Agreement — to be accepted when publishing the listing

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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).

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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.

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Publishing a listing on the platform is free of charge and without commitment: if no sale is concluded through the platform, no commission is due and no publication fee is invoiced. Only the optional “Enhanced Visibility” option provided for in art. 4, should the Seller subscribe to it, gives rise to invoicing irrespective of the conclusion of a sale.

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If the sale is concluded through the platform, the first three months of the “Enhanced Visibility” option are free of charge: their amount is deducted from the brokerage commission, invoiced in a single instalment at the end of the process. This deduction does not give rise to any separate reimbursement.

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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).

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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.

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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).

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The Seller may subscribe, at any time and on their own initiative, to the “Enhanced Visibility” option, intended to finance the distribution and display of the property across a set of partner real estate platforms and portals. This option is optional: publication of the listing on the Wefam platform is in no way conditional upon it.

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The option is subscribed to at a distinct step of the listing submission, at any time from the “Visibility” tab of the listing in the Seller’s personal area, or upon request addressed to Wefam. It is invoiced monthly, at the rate excluding VAT shown at the time of subscription and restated in the confirmation sent to the Seller, from the day of subscription until its deactivation.

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These fees constitute a service distinct from the brokerage commission referred to in art. 2 and remain due irrespective of the conclusion of a sale.

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The Seller may deactivate the option at any time from their personal area, in a single action, without notice, without penalty and without having to state a reason. Any calendar month started is due in full: invoicing covers each month during which the option was active, even for a single day, and ends at the close of the month of the deactivation, the withdrawal of the listing or the conclusion of the sale.

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If the sale is concluded through the platform, the first three months of the option are free of charge and deducted from the brokerage commission in accordance with art. 2.

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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.

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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).

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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 of the fees due under the “Enhanced Visibility” option provided for in art. 4.

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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.

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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.

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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.

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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.

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The Seller may terminate this agreement at any time by withdrawing their listing, subject to payment of the fees already due under the “Enhanced Visibility” option should they have subscribed to it (art. 4; art. 404 CO).

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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.