LEGAL DOCUMENTATION

Terms of Service


📅 Effective: January 1, 2025

🔄 Last Updated: January 1, 2025

⚖️ Governed by Bangladesh Law

Please read these Terms of Service carefully before using the services of Mustaraka Properties Ltd. By engaging our services — whether in person, via website, WhatsApp, phone, or email — you agree to be bound by these terms.

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “User”, or “you”) and Mustaraka Properties Ltd, a real estate brokerage registered in Bangladesh (“Company”, “we”, “us”).

By using our website, contacting our agents, or engaging our services, you confirm that you are at least 18 years of age, legally capable of entering into a binding contract, and agree to comply with these Terms in full.

2. Our Services

Mustaraka Properties Ltd provides the following real estate brokerage services:

  • Property Search & Matching: Identifying properties that match your stated requirements from our portfolio and partner networks
  • Property Listing: Listing your property for sale or rent across our platforms and partner portals
  • Viewing Arrangement: Coordinating and accompanying property viewings with owners or tenants
  • Negotiation Support: Facilitating negotiations between buyers, sellers, landlords, and tenants
  • Documentation Assistance: Guiding the preparation of sale agreements, lease deeds, mutation papers, and related documents
  • Investment Advisory: Providing market insights and investment guidance based on available data
  • AI Property Matchmaker: Automated chatbot assistance available 24/7 on our website
Important Clarification

We are a brokerage service. We act as an intermediary between buyers and sellers or landlords and tenants. We do not own the properties listed on our platform unless explicitly stated. All transactions are ultimately between the buyer and seller (or landlord and tenant) directly.

3. Client Responsibilities

As a client of Mustaraka Properties Ltd, you agree to:

  • Provide accurate, complete, and truthful information about yourself and your requirements
  • Not misrepresent your financial capacity, identity, or intention to purchase/rent a property
  • Conduct independent due diligence on any property before completing a transaction
  • Attend scheduled viewings punctually or provide at least 24 hours’ notice of cancellation
  • Not approach property owners, developers, or tenants directly to circumvent our brokerage and avoid paying agreed commission
  • Not engage multiple brokers simultaneously for the same property transaction without disclosing this to us
  • Comply with all applicable Bangladeshi laws regarding property transactions, tax obligations, and registration
  • Not use our website or services for any fraudulent, unlawful, or harmful purpose

4. Brokerage Fees & Commission

4.1 Standard Commission Structure
  • Property Sale (Buyer): 1% to 2% of the final transaction value
  • Property Sale (Seller): 1% to 2% of the final transaction value
  • Rental (Tenant): Equivalent to 1 month’s rent (one-time fee)
  • Rental (Landlord): Equivalent to 1 month’s rent (one-time fee)
  • Commercial Properties: Negotiated separately based on transaction complexity
4.2 When Commission is Due

Commission becomes payable upon successful signing of a sale agreement (bayna namaa), deed of conveyance, or tenancy agreement — whichever is applicable. The exact commission amount and payment terms will be confirmed in a separate written agreement before any transaction proceeds.

4.3 Additional Fees

Government fees, stamp duty, registration costs, legal fees, and other transaction-related expenses are not included in our brokerage commission and are the responsibility of the relevant party as per Bangladeshi law.

5. Property Listings & Accuracy

We make every effort to ensure that property listings on our website and marketing materials are accurate. However:

  • Property details (price, size, availability) are provided by the owner/developer and may change without notice
  • Photographs and renderings may not perfectly represent the current condition of a property
  • Stated area measurements are approximate and based on information provided to us
  • We do not guarantee the legal title, encumbrance status, or ownership history of any listed property
  • All prices are subject to negotiation and final confirmation with the property owner

You are strongly advised to conduct an independent title search, engage a lawyer, and verify all property details before making any payment.

6. Property Viewings & Appointments

  • All viewings are arranged by appointment. Walk-in viewings are not permitted without prior confirmation
  • You must carry valid government-issued photo identification (NID or Passport) to all viewings
  • You agree not to damage, tamper with, or remove anything from a property during a viewing
  • Photos and videos during a viewing are permitted only with explicit permission from the property owner
  • Repeated no-shows without notice may result in suspension of our services to you

7. Transactions & Our Role

Mustaraka Properties Ltd facilitates real estate transactions but is not a party to the transaction between buyer and seller. We:

  • Do not hold your funds or act as an escrow service
  • Do not guarantee that any transaction will be completed successfully
  • Are not liable for any breach of contract between buyer and seller or landlord and tenant
  • Strongly recommend engaging an independent legal advisor for all property transactions
  • Will witness and assist with documentation but do not take legal responsibility for document errors

8. Intellectual Property

All content on our website including property photographs, videos, written descriptions, logos, branding, and design elements are the intellectual property of Mustaraka Properties Ltd or are used with permission. You may not:

  • Copy, reproduce, or republish our property listings without written permission
  • Use our brand name, logo, or materials for any commercial purpose
  • Scrape or data-mine our website using automated tools
  • Frame our website content on any other website

9. Limitation of Liability

To the maximum extent permitted by applicable law, Mustaraka Properties Ltd shall not be liable for:

  • Any loss arising from your reliance on property information provided by sellers, landlords, or developers
  • Any failure of a property transaction to complete after initial agreement
  • Any legal disputes between buyer, seller, landlord, or tenant
  • Any indirect, incidental, or consequential loss
  • Interruption of website services or temporary unavailability of our online chatbot

Our maximum liability in any matter shall not exceed the brokerage commission actually paid to us in the relevant transaction.

10. Termination of Services

We reserve the right to terminate or suspend our services to any client who:

  • Provides false or misleading information
  • Engages in abusive, threatening, or inappropriate behaviour towards our staff
  • Attempts to circumvent brokerage commission through direct contact with owners
  • Uses our services for any illegal purpose

11. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the People’s Republic of Bangladesh. Any dispute arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be referred to the courts of competent jurisdiction in Dhaka, Bangladesh.