Terms and Conditions
These terms govern the services provided by Cap Martin Properties, of 26 Avenue Paul Doumer, 06190 Roquebrune-Cap-Martin, France (the “Agency”), to its clients (the “Client”).
1. Scope
1.1 These terms apply to every mandate, enquiry and service the Agency provides, unless a signed mandate states otherwise.
1.2 Where a signed mandate and these terms conflict, the mandate prevails.
2. Services
2.1 The Agency acts as an intermediary in the sale, purchase and letting of residential and commercial property.
- valuation and pricing strategy;
- photography, film and presentation of the property;
- marketing through portals, the press and the Agency’s own client network;
- organising and attending viewings;
- negotiation and support through to signature at the notaire;
- letting management, where separately agreed.
2.2 The Agency does not provide legal, tax or financial advice. Where such advice is needed, it will introduce the Client to an independent professional.
3. Mandate
3.1 The Agency acts only under a written mandate, as required by French law.
3.2 The mandate states its type (simple or exclusive), its duration, the asking price and the fee.
4. Fees
4.1 The fee is agreed in the mandate and is stated inclusive of VAT.
4.2 The mandate states which party bears the fee — the seller or the buyer.
4.3 The fee falls due on completion of the transaction at the notaire, unless the mandate provides otherwise.
4.4 The Agency’s current fee schedule is published on this website and is available on request.
5. The Client’s obligations
5.1 The Client warrants that the information supplied about the property is complete and accurate.
5.2 The Client will provide the diagnostics required by French law (DPE and the rest of the dossier de diagnostic technique) and any documents the notaire requires.
5.3 The Client will give the Agency reasonable access for viewings, photography and film.
5.4 During an exclusive mandate, the Client will refer any direct approach from a prospective buyer to the Agency.
6. Personal data
6.1 Personal data is processed in accordance with our privacy policy.
7. Liability
7.1 The Agency is liable for its own performance as an intermediary. It is not liable for the condition of a property or for information supplied by the Client or by a third party that it could not reasonably have verified.
7.2 Prices, areas and descriptions published on this website are indicative and do not form an offer.
8. Ending a mandate
8.1 A mandate ends on its stated expiry date, or earlier by agreement.
8.2 A consumer’s statutory right of withdrawal, where it applies, is set out in the mandate.
8.3 Ending a mandate does not affect a fee already earned on a transaction introduced by the Agency.
9. Complaints and dispute resolution
9.1 Please raise any complaint with us first, at cmproperties@orange.fr.
9.2 A consumer client may refer an unresolved dispute to the competent French consumer mediator, free of charge, before taking it further.
10. General
10.1 The Agency may amend these terms; the version in force at the date of a mandate applies to it.
10.2 The current version is always published on this website and available on request.
10.3 These terms are governed by French law.