BUYSMART COSTA RICA

TERMS & CONDITIONS OF USE

Last Updated: [February 6 2026]

These Terms & Conditions (“Terms”) govern access to and use of the BuySmart Costa Rica website, communications, and services (collectively, the “Services”). By accessing this website or engaging with BuySmart Costa Rica, you acknowledge and agree to be bound by these Terms.

1. IDENTIFICATION OF THE SERVICE

BuySmart Costa Rica (“BuySmart,” “we,” “us,” or “our”) operates as a buyer-focused real estate concierge, referral, and property curation service within Costa Rica.

BuySmart Costa Rica:

Is not a Multiple Listing Service (MLS)

Is not a property marketplace

Does not guarantee representation unless expressly agreed in writing

May collaborate with licensed brokers, developers, sellers, and professionals

2. NO AUTOMATIC AGENCY OR BROKERAGE RELATIONSHIP

Use of this website, chat features, or communication with BuySmart does not create:

A real estate agency relationship

A brokerage mandate

A fiduciary relationship

Any agency, representation, or brokerage relationship exists only if confirmed in writing through a separate agreement executed by the parties.

3. BUYER REPRESENTATION (WHEN APPLICABLE)

When BuySmart represents a buyer:

Representation applies only to the scope and properties agreed upon

Compensation is generally paid by the seller or seller’s representative, where offered

BuySmart does not guarantee seller-paid commissions

BuySmart may collaborate with licensed professionals when required by Costa Rican law.

4. REFERRALS & COMPENSATION

4.1 Referral-Based Compensation

BuySmart may receive a referral or cooperation fee, typically twenty-five percent (25%) of the gross commission earned, when a transaction results from a buyer or opportunity introduced by BuySmart.

Referral compensation:

Is earned only upon successful closing

Is payable by the receiving party (agent, broker, developer, or seller representative)

Does not affect the purchase price unless disclosed separately

4.2 No Circumvention

Parties introduced through BuySmart may not intentionally bypass BuySmart to avoid referral compensation.

Circumvention includes:

Closing with an introduced party without disclosure

Delaying or restructuring transactions to avoid referral payment

5. PROPERTY VISIBILITY & PROMOTIONAL SERVICES

BuySmart may offer optional, non-exclusive property visibility services, including curated exposure to qualified buyers.

Important clarifications:

Visibility services are marketing services only

Fees (including but not limited to $300, $2,000, or similar packages) are non-refundable

Services do not guarantee a sale, price, or timeline

BuySmart does not provide exclusive listing services unless expressly agreed

6. NO LISTING AGREEMENT IMPLIED

Featuring or promoting a property through BuySmart:

Does not create exclusivity

Does not replace existing listing agreements

Does not obligate BuySmart to act as a seller’s agent

7. INFORMATION & DUE DILIGENCE

All property information:

Is provided by third parties or public sources

Is believed to be accurate but is not guaranteed

BuySmart does not provide legal, tax, financial, or engineering advice.

Buyers and sellers are responsible for:

Independent verification

Legal review

Title, zoning, permits, and regulatory compliance

8. LIMITATION OF LIABILITY

To the maximum extent permitted under Costa Rican law:

BuySmart is not liable for indirect, incidental, or consequential damages

Liability is limited to fees paid directly to BuySmart for services rendered

BuySmart is not responsible for acts or omissions of third parties

9. NO GUARANTEES OR INVESTMENT REPRESENTATIONS

BuySmart makes no representations or guarantees regarding:

Investment returns

Property appreciation

Rental income

Market performance

Financing availability

All real estate transactions involve risk.

10. COMMUNICATIONS & ASSISTED CONCIERGE SERVICES

BuySmart may use assisted or automated communication tools to respond to inquiries and provide information.

By engaging with BuySmart, you consent to receive communications via:

Website chat

Email

Messaging platforms

You may opt out at any time.

11. INTELLECTUAL PROPERTY

All website content, branding, systems, and materials are the property of BuySmart Costa Rica and may not be copied or reused without written authorization.

12. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the Republic of Costa Rica.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Costa Rica.

13. QUESTIONS & CLARIFICATIONS

For questions about these Terms or how BuySmart works, please speak directly with Victoria, BuySmart’s real estate concierge, who can explain how the process works and route legal questions appropriately.

14. MODIFICATIONS

BuySmart reserves the right to update these Terms at any time. Continued use of the Services constitutes acceptance of the revised Terms.