Article 1. General provisions
‘CALL, BID & ENJOY’ is an IMMO-FRANCOIS.be sales formula in which a property is put up for sale in a voluntary bidding procedure. In consultation with the client-seller, a ‘CALL, BID & ENJOY’ viewing event will be organised at which prospective bidders may view the property on a date and at a location set in advance (hereinafter referred to as the ‘CALL, BID & ENJOY’ open house). The time, date, and location of the ‘CALL, BID & ENJOY’ open house shall be announced at the time the property is put up for sale. During the ‘CALL, BID & ENJOY’ open house, the prospective buyer can make a sealed bid. An hour after the ‘CALL, BID & ENJOY’ open house has closed, the sealed bids will be opened at a location set in advance. All bidders are free to attend. The client/seller retains the freedom to decide whether or not to accept a bid.
Article 2. Acceptance of the terms
A bid made by a prospective bidder/buyer during a ‘CALL, BID & ENJOY’ open house irrevocably results in the acceptance of the general provisions of these terms as published on www.immofrancois.be
Article 3. Parties eligible to bid
- Any natural person over 18 years of age and having been declared competent.
- Any legal person, provided there is legally valid representation.
Article 4. Starting price
A starting price is set for all properties for sale at the ‘CALL, BID & ENJOY’ open house. Bids may be made below, at or above this starting price.
Article 5. Submission of bids
5.1 Bids must be submitted by means of a fully completed and signed letter of intent made available by the real estate agent. The real estate agent attending the ‘CALL, BID & ENJOY’ open house will provide a copy of the letter of intent and these terms. All bids are considered to be unconditional and as not having been submitted under suspensive conditions. The conventional conditions laid down in the model document of the private sales agreement drawn up by the CIB shall apply to the bid. All documents required for the sale of a property are available for consultation at the real estate agent or on the www.immofrancois.be website. By submitting a bid in accordance with these terms, the prospective bidder declares to have been sufficiently informed or at least to have been afforded the opportunity to do so.
5.2 All bids must state a specific, fixed amount. Bids made in excess of the highest bid (e.g. ‘the highest bid + EUR 50’) are invalid and shall not be taken into consideration. Should there be several identical highest bids, the bidders concerned shall be requested to submit a higher sealed bid in writing, at a time set by IMMO-FRANCOIS.be, and this no later than 48 hours after the first bidding round. In the event that the bids are identical again, the procedure will be repeated until a unique highest bid is achieved.
5.3 Any natural or legal person shall be regarded as having purchased for themselves. Declarations of trust (i.e. a statement allowing the buyer to purchase a good anonymously by designating an ‘apparent’ buyer, also called a nominee) are prohibited.
5.4 The submission of a bid and the written acceptance thereof by the client-seller automatically constitutes a sales agreement between the client-seller and the bidder.
Article 6. Bidder obligations
6.1 All bids submitted are irrevocable and binding for at least 14 calendar days, to be calculated as from the ‘CALL, BID & ENJOY’ open house. Each bidder shall remain bound by their bid for this period, even should their bid be outbid and irrespective of whether another bid should be accepted by the client-seller.
6.2. Should the client-seller accept the bid within this period of 14 calendar days, the private sales agreement must be signed with an advance payment of 10% of the accepted bid, and this within 14 days of the bid’s acceptance.
6.3. Should the prospective buyer fail to sign the private sales agreement and/or pay the advance:
- the client-seller may decide to
o demand the execution of the purchase agreement in kind;
o declare the purchase agreement null and void by operation of law without prior notice of default
- In all cases, the prospective buyer shall be held liable for the payment of 10% of the price bid to the client-seller as compensation.
Article 7. Liability
7.1 At the unilateral request of the client-seller, IMMO-FRANCOIS.be may suspend or halt the bidding procedure at any time and for any reason whatsoever. IMMO-FRANCOIS.be may not be held liable therefore in any way whatsoever. This decision may not be appealed.
7.2. IMMO-FRANCOIS.be may not be held liable for any failure on the part of the client-seller.
Article 8. Miscellaneous provisions
Every prospective bidder shall undertake to refrain from any action that disrupts or could disrupt the proper functioning of the ‘CALL, BID & ENJOY’ open house. Every prospective bidder is also strictly prohibited from manipulating the bid submissions and the bidding procedure in any way whatsoever. Any violation of this provision shall entitle IMMO-FRANCOIS.be to exclude the bid.
Article 9. Disputes
Disputes arising concerning the content or performance of this agreement shall fall within the exclusive jurisdiction of the courts where the real estate agent has its registered office and as the place in which the agreements have been concluded or are to be performed. In the event that mandatory legal provisions should designate a different competent court, this court shall have jurisdiction to take cognisance of the dispute.
Article 10. Privacy statement
IMMO-FRANCOIS.be makes every effort to protect your privacy and to ensure that you can continue to entrust your personal data to IMMO-FRANCOIS.be. During your communications with IMMO-FRANCOIS.be, you may share your personal data with us in accordance with the Belgian Privacy Law (Law of 8 December 1992 on the protection of privacy with regard to personal data processing). The prospective bidder’s data may only be used to provide the services requested by the prospective bidder, as well as to inform them of new bids and conduct statistical research. The bidder consents to the retention and processing of this data for the aforementioned purposes.