Our Company Terms and Conditions
We are committed to conducting business responsibly and in a way that makes a positive contribution to society, minimising any negative impacts on people, local communities and the environment.
Terms and Conditions for Real Estate Investment Trust (REIT) Investments
Last updated: 2nd August, 2023
1. Introduction
These Terms and Conditions (“Terms”) govern your investment in Lavado Realty (“the Company,” “we,” “us,” or “our”) and any transactions related to the purchase of investment products, including but not limited to percentage-based investments, shares, stocks, and other real estate-related investment vehicles. By investing with us or accessing our website, mobile applications, or other services (collectively, “Services”), you agree to comply with these Terms. If you do not agree with these Terms, you should refrain from using our Services.
2. Definitions
REIT: Real Estate Investment Trust, a company that owns, operates, or finances income-producing real estate.
Investor: An individual or entity that purchases shares or units in the REIT.
Shares/Stocks: Securities issued by the Company representing partial ownership in the REIT.
Investment Products: Includes shares, stocks, percentage investments, and any other real estate investment opportunities offered by the Company.
Offerings: Any specific real estate investment products, including but not limited to shares, securities, real estate assets, and other instruments made available by the Company.
Net Asset Value (NAV): The value of the REIT’s assets minus its liabilities, divided by the number of outstanding shares.
Dividend: A distribution of a portion of the REIT’s income or capital gains to shareholders.
3. Eligibility to Invest
To invest in the Company’s offerings, you must meet the following eligibility requirements:
Be at least 18 years of age, or the legal age of majority in your jurisdiction.
Be able to provide necessary documentation, such as proof of identity, address, and financial standing as required by the Company for KYC (Know Your Customer) and anti-money laundering (AML) purposes.
Be a qualified investor, where applicable, according to the laws and regulations of your country or jurisdiction. Certain investment products may be restricted to accredited or institutional investors.
4. Investment Products
The Company offers various types of investments, including but not limited to:
Shares/Stocks: Representing equity ownership in the REIT.
Percentage Investments: Where you can invest a specified percentage of a particular real estate project or fund within the REIT’s portfolio.
Real Estate Syndications: Pooling funds from multiple investors to collectively invest in a real estate project.
Preferred Equity: A type of equity investment that gives priority in dividend distributions.
These investment products are subject to their own specific terms, which will be outlined in the relevant offering documents. The Company reserves the right to modify or discontinue offerings at its discretion.
5. Investment Process
To make an investment, you must:
Complete the online registration and KYC process.
Select the investment product(s) you wish to purchase.
Agree to these Terms and any specific investment documents (such as subscription agreements or offering memorandums) provided for a specific offering.
Make the required payment, which may be done through bank transfer, wire transfer, or other approved payment methods.
Receive confirmation of your investment, subject to the Company’s acceptance.
All investments are subject to availability and the Company reserves the right to reject or accept any investment application at its discretion.
6. Pricing, Valuation, and Returns
Pricing: The price of shares or units in the REIT is determined by the Company based on the current Net Asset Value (NAV), market conditions, and other factors deemed relevant.
Valuation: The Company will calculate the NAV at regular intervals, typically quarterly or annually, and will provide updates to investors as appropriate.
Returns: Returns on investments are not guaranteed and will depend on the performance of the underlying real estate assets and the market. Returns may include dividends, capital appreciation, or both. Dividends, if declared, will be paid to investors based on the terms set out in the offering documents.
7. Dividends and Distributions
Dividend Policy: The Company aims to distribute a portion of its net income to shareholders as dividends. However, the Company is not obligated to pay dividends and may retain earnings for reinvestment in new real estate opportunities or to cover operational expenses.
Distribution Timing: Dividend distributions, if any, will be made on a quarterly, semi-annual, or annual basis, as determined by the Company’s board of directors.
8. Risk Factors
Investing in real estate and REITs involves substantial risks, including but not limited to:
Market Risk: Real estate values can fluctuate due to economic conditions, interest rates, and changes in demand.
Liquidity Risk: Shares in the REIT may not be liquid, and investors may not be able to sell their investments quickly or at a desired price.
Operational Risk: Risks related to the management and operations of the real estate properties in the portfolio, including maintenance costs, vacancies, or unforeseen events.
Legal and Regulatory Risk: Changes in laws, tax policies, or regulations may impact the Company’s business or investment returns.
The Company does not guarantee the return of principal or any specific investment outcome. Investors should carefully review the offering documents and seek independent financial advice before investing.
9. Transfers and Redemptions
Transfer of Shares: Investors may transfer their shares subject to the Company’s policies and any restrictions imposed by applicable laws. All transfers must be approved by the Company.
Redemption Policy: The Company may or may not offer a redemption feature for investors wishing to liquidate their holdings before the investment matures. Any redemption options, including applicable fees and conditions, will be disclosed at the time of the investment.
10. Fees and Charges
The Company may charge certain fees, including but not limited to:
Management Fees: Fees for the day-to-day management of the REIT’s portfolio.
Performance Fees: A fee based on the return generated by the REIT, typically a percentage of profits above a specified threshold.
Transaction Fees: Fees related to the buying, selling, or transferring of investment products.
Redemption Fees: Fees for early redemption of investments, if applicable.
A detailed breakdown of any fees applicable to a specific investment will be disclosed in the offering documents.
11. Taxation
Investors are responsible for determining their own tax obligations related to their investments. The Company is not liable for any tax liabilities incurred by investors, including income, capital gains, or withholding taxes. Investors should consult with their own tax advisors to understand the tax implications of investing in the REIT.
12. Investor Communications
Updates and Reports: The Company will provide investors with regular updates on the performance of the REIT, including financial reports, property updates, and dividends/distribution information.
Notices: Any notices or communications to investors may be sent via email, posted on the Company’s website, or delivered by other means, as appropriate.
13. Confidentiality and Privacy
The Company is committed to protecting your privacy. By investing, you consent to the collection, use, and processing of your personal information as described in the Company’s Privacy Policy. This may include sharing your information with third-party service providers for the purpose of administering your investment and complying with legal obligations.
14. Termination
The Company reserves the right to terminate or suspend your account or investment under the following circumstances:
Violation of these Terms or other applicable agreements.
Misrepresentation or fraudulent behavior related to your investment.
Legal or regulatory requirements or changes that prevent the Company from continuing operations.
In the event of termination, you will be entitled to any remaining proceeds or distributions in accordance with the Company’s redemption or liquidation policies.
15. Limitation of Liability
The Company, its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, or consequential damages arising from your investment in the REIT, including loss of profits, data, or other intangible losses. Your sole remedy for any claim or dispute arising from your investment will be limited to the amount of the investment in question.
16. Dispute Resolution and Governing Law
Dispute Resolution: Any disputes related to these Terms shall first be addressed through informal negotiations. If the dispute cannot be resolved, it shall be submitted to binding arbitration in accordance with the rules of the body.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles.
17. Amendments
The Company reserves the right to modify or amend these Terms at any time. Any changes will be posted on the Company’s website, and your continued use of the Services after such changes constitutes your acceptance of the new Terms.
18. Contact Information
If you have any questions or need further information regarding these Terms and Conditions, please contact us at:
Lavado Realty
3rd Floor, Ulysses House, Foley Street, Dublin 1, Dublin, Ireland
Email Address: support@lavadorealty.net
By investing with Lavado Realty, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.