Client Policy & Disclaimer
(Pyarelal & Associates — Real Estate Brokerage Services)
This Client Policy & Disclaimer ("Policy") sets forth the terms, limitations, and acknowledgments governing all interactions, engagements, and transactions facilitated by Pyarelal & Associates (hereinafter referred to as "the Broker"). This document is binding upon all clients ("the Client"), prospective buyers, investors, or any third-party beneficiaries engaging the services of the Broker.
1. Nature of Services
1.1 The Broker acts solely in the capacity of a property intermediary and transaction facilitator.
1.2 The Broker provides advisory and introductory services that connect Clients with property developers, promoters, landowners, and third-party entities (collectively "the Principal").
1.3 At no point shall the Broker be deemed to assume the role of builder, developer, promoter, contractor, lessor, or owner of any property.
2. Representations & Warranties
2.1 All assurances relating to the property—including but not limited to ownership, encumbrance-free title, project approvals, regulatory clearances, RERA registration, construction timelines, and quality of development—are the exclusive responsibility of the Principal.
2.2 The Broker disclaims any warranty, whether expressed or implied, regarding the suitability, legality, habitability, or fitness-for-purpose of any property introduced.
2.3 The Client understands and accepts that information relayed by the Broker is provided "as received" from the Principal, and the Broker shall not be liable for misrepresentations or omissions originating from the Principal.
3. Client Responsibility & Due Diligence
3.1 The Client is expected to exercise independent judgment and conduct due diligence, including but not limited to:
- Verification of legal title and encumbrances
- Examination of government approvals and sanction plans
- Review of contractual documents, sale deeds, and builder-buyer agreements
- Independent legal and financial consultation
3.2 Decisions relating to purchase, investment, or contractual execution are made solely at the Client's discretion.
3.3 The Broker shall not be held accountable for losses arising from reliance upon information without independent verification.
4. Limitation of Liability
4.1 The Broker's role is confined to facilitation; liability shall not extend to:
- Delayed delivery of possession
- Structural defects, construction flaws, or poor workmanship
- Statutory non-compliance, including failure to register under RERA or other laws
- Termination, rescission, or cancellation of agreements by the Principal
- Financial mismanagement, insolvency, or liquidation of the Principal
4.2 The Client expressly waives any right to claim damages, compensation, or indemnification from the Broker for any defect, dispute, or delay.
5. Fees & Commissions
5.1 Brokerage fees or commissions payable to the Broker shall be determined through mutual agreement and documented separately.
5.2 Such fees are due and payable upon execution of a transaction or as otherwise contractually agreed.
5.3 The Broker's entitlement to fees survives subsequent cancellation, withdrawal, or modification of the transaction by the Client or the Principal.
5.4 The Client shall not dispute the Broker's right to such remuneration, irrespective of future disputes with the Principal.
6. Confidentiality & Data Usage
6.1 The Broker may collect and store Client information for the purpose of communication and facilitation.
6.2 All information shared by the Client shall be treated with professional confidentiality, save where disclosure is required by law or regulatory authority.
6.3 The Broker shall not be liable for third-party misuse, hacking, or unauthorized disclosure of data beyond reasonable control.
7. No Partnership or Agency
7.1 Nothing in this Policy shall be construed to create a joint venture, partnership, agency, or fiduciary relationship between the Broker and the Principal.
7.2 The Broker operates as an independent entity and does not assume obligations beyond facilitation.
8. Indemnity
8.1 The Client agrees to indemnify and hold harmless the Broker against any claim, dispute, demand, proceeding, or liability arising from:
- Acts, defaults, or omissions of the Principal
- Breach of contractual terms by the Client
- Non-performance or delay caused by statutory or regulatory bodies
8.2 This indemnity shall remain enforceable notwithstanding the termination of the Client's engagement with the Broker.
9. Force Majeure
9.1 The Broker shall not be liable for delays, disruptions, or failures in performance due to events beyond reasonable control, including natural disasters, governmental restrictions, strikes, insolvency of the Principal, or other unforeseen circumstances.
10. Dispute Resolution & Governing Law
10.1 All disputes shall first be attempted to be resolved amicably through negotiation.
10.2 Failing such resolution, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
10.3 The courts of [Your City/State] shall have exclusive jurisdiction over matters arising hereunder.
10.4 This Policy shall be governed in accordance with the laws of India.
11. Acknowledgment
11.1 By engaging with Pyarelal & Associates, the Client acknowledges and affirms:
- That the Broker acts purely as an intermediary
- That all risks relating to property ownership, delivery, legality, or quality are assumed solely by the Principal