Legal document

Comprehensive Terms and Conditions of Use Agreement for the "Grand Aqar" Platform

This document constitutes a legally binding electronic contract between the "Grand Aqar" platform (hereinafter referred to as the "Platform") and you as a user (hereinafter referred to as the "User").

These terms apply to all categories of users without exception, including individual owners, real estate brokers, legal agents, heirs or their representatives, commercial or development companies, buyers, and others.

By using the Platform, you acknowledge your full legal and Sharia capacity and grant your complete and effective consent to all of the following clauses:

01

Article One

Declarations of Capacity and Listing Status (Legal Authorization)

To ensure the integrity of transactions and their freedom from disputes, the User listing any property acknowledges possessing full legal authority according to their capacity:

  1. Individual Owner / Company: Acknowledges possessing a valid and updated title deed, or being the legal representative of the company pursuant to a commercial register and a letter of authorization.
  2. Real Estate Broker: Acknowledges possessing a valid real estate brokerage license (FAL License) from the Real Estate General Authority (REGA), and a brokerage contract authorizing them to market the property.
  3. Agent or Representative of Heirs: Acknowledges possessing a valid legal power of attorney and a deed of heirship (in the case of heirs) that explicitly grants them the right to sell and market.
  4. Platform Disclaimer: The User (the property lister) solely bears all legal, financial, and criminal consequences in the event of providing misleading information, listing a property without authorization, or the existence of a dispute over ownership. The Platform entirely disclaims liability for any claims from third parties.
02

Article Two

Limits of the Platform's Role (Legal Disclaimer)

To set expectations and protect the Platform from compensation claims, all users acknowledge the following:

  1. "Grand Aqar" is solely a technical and marketing brokerage platform acting as a link between the seller and the buyer. The Platform is neither an owner, a buyer, nor a certified appraiser of any listed property.
  2. Due Diligence (Caveat Emptor): The "Buyer" bears exclusive responsibility for physically inspecting the property, examining it structurally and legally, and ensuring it meets their needs and is free from hidden defects prior to signing purchase contracts. The Platform provides no explicit or implicit warranties regarding the condition of the property or its defects.
  3. "Grand Aqar", its owners, or its representatives bear no joint or financial liability for any failure in the transfer of ownership, delay in payment, or any dispute arising between the parties to the transaction after their agreement.
03

Article Three

Financial Mechanism and Entitlement to Commission (Brokerage Fee)

In commitment to the principles of transparency and fairness adopted by "Grand Aqar", all parties commit to the mechanism of entitlement and payment of the commission (real estate brokerage fee) in accordance with the following regulations:

  1. Commission Entitlement: The real estate brokerage commission of (2.5%) of the total final sale value of the property is due upon the completion of the transaction. The signing of the sales contract, receipt of the earnest money (deposit), or transfer of ownership is considered the completion of the transaction.
  2. Principle of Equal Division (Between Owner and Buyer): To ensure a balance of interests, the 2.5% real estate commission shall be divided equally between the parties to the transaction; whereby the (Owner/Seller) is obligated to pay a rate of (1.25%), and the (Buyer) is obligated to pay a rate of (1.25%) in favor of the "Grand Aqar" Platform.

Mechanism for Dealing with External Brokers

In the event that a property is listed or requested through an "external real estate broker" (other than the Platform), the commission distribution mechanism, its percentage, and each party's share will not be subject to the equal division condition mentioned above. Instead, it will be fully subject to what is agreed upon and documented in the separate Secondary Contract concluded between that external broker and the "Grand Aqar" Platform or its legal representatives, in compliance with the regulations of the Real Estate General Authority.

04

Article Four

Prohibition of Circumvention and Evasion of Commission (Preserving the Platform's Rights)

  1. Using the Platform to reach the other party (whether seller or buyer) is considered an irrevocable legal commitment to pay the fees mentioned in Article Three.
  2. Circumvention or attempting to complete the transaction outside the Platform (sub-rosa) to evade paying the commission after becoming acquainted or accessing information via "Grand Aqar" is strictly prohibited.
  3. If evasion is proven, the Platform reserves the right to take all legal measures to claim the full commission amount, in addition to claiming compensation for damages, attorney's fees, and litigation costs.
05

Article Five

Illegal Use of the Platform

Users are prohibited from engaging in any of the following actions, which will subject the perpetrator to bans and legal accountability:

  1. Using automated extraction programs (Scraping) to copy real estate data or contact numbers and publish them on competing platforms.
  2. Using customer data (buyers or sellers) available on the Platform for external marketing purposes unrelated to the specific real estate transaction.
  3. Abusing any other user, uploading content that does not conform to public decency, or listing fake properties for the purpose of manipulating market prices.
06

Article Six

Amendments and Governing Law

  1. Updating Terms: The "Grand Aqar" Platform retains the absolute right to modify, change, or update these terms at any time. Your continued use of the Platform after the publication of amendments constitutes explicit acceptance of them.
  2. Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia. Any dispute that may arise regarding the execution or interpretation of this agreement shall be subject to the exclusive jurisdiction of the Saudi courts in the city of the Platform's headquarters.