IGOR PALATINUŠPR AGENCIJA ZA PROMET NEKRETNINA STUDIO 88 NEKRETNINE ZRENJANIN, 25/15 Nušićeva street, Zrenjanin, Register number 1325, company number 66083527, PIB112409581.
I GENERAL PROVISIONS
General conditions of business regulate the business relationship between entrepreneur as the intermediaries, in the real estate market or the lease of a real estate, and the principal (individual or legal entity). By concluding a brokerage agreement, or by accepting these conditions, the Principal confirms that he is aware and agrees with the provisions of the General Terms and Conditions of the business of the intermediary in the sale and lease of immovable property.
Intermediation is performed on the basis of the Brokerage Agreement concluded between the principal and the intermediary. The principal may conclude the Brokerage Agreement with several intermediaries at the same time, except in the case of exclusive intermediation.
A buyer or a tenant, in the capacity of a principal, is obliged to pay the brokerage fee to the intermediary who is the first to enable him to inspect the real estate, which means who is the first to acquaint him with the real estate. If the principal (a buyer or a tenant) has already inspected the real estate, through another intermediary or by himself, before the intermediary shows it to him, he is obliged to inform the intermediary about that. If he does not do that, it is considered that the real estate is inspected for the first time with the intermediary. A buyer or a tenant, in the capacity of a principal, is obliged to sign the Certificate of viewing the real estate immediately before seeing it, in order to confirm that the real estate is going to be inspected through an intermediation.
If a buyer or a tenant refuses to sign the Certificate from the previous paragraph, the intermediary is not obliged to show him/her the real estate. If the intermediary shows the real estate despite refusing to sign the Certificate of viewing, and if a buyer or a tenant or a related person signs a Contract of sale or lease without the intermediary, the fact that the intermediary connected the buyer / tenant to the seller or landlord will be proved by other means of evidence - witnesses, written or electronic documentation, text messages and similar.
A seller or a lessor, in the capacity of a principal, is obliged to pay the intermediation fee to the intermediary who is the first to bring him into contact with a potential buyer or a tenant. If the intermediary brings in contact the principal (a seller or a lessor) with a person who has already seen the real estate, the principal is obliged to inform the intermediary about that. If he does not do that, it is considered that the principal is brought into contact with a potential buyer or a tenant for the first time through the intermediary.
II OBLIGATIONS OF THE INTERMEDIARY
Obligations of the intemediary are:
- to conclude the Brokerage Agreement with the Principal in writing;
- to seek, to find and to connect the Principal with a person in order to conclude a legal transaction;
- to give an objective opinion to the Principal on the price of the real estate or the amount of rent of immovable property in accordance with its characteristics, market conditions, as well as other relevant circumstances;
- to inspect the documents proving the property right or other real property right for the real estate or lease which is the subject of a brokerage and to warn the Principal, especially of the possible risks related to the registration of the real estate in the real estate registers, the registered rights or encumbrance on the immovable property, the existence of preemptive right and the restriction in legal transactions in accordance with special regulations;
- to perform the necessary actions in order to present a real estate on the market, to place an advertisement connected to the sale or lease of immovable property in an appropriate manner and to perform all other actions agreed by the Brokerage Agreement that go beyond the usual presentation, and which he has right on the special, pre-stated costs for;
- to provide an overview of the real estate;
- to keep the information about the personality of the Principal and, according to the written order of the Principal, to keep as a business secret data connected to the real estate which is included in the trade or lease , or connected to that real estate, as well as about the business which he intermediates for;
- to inform the Principal of all circumstances, which are relevant to the subject, and that are familiar to him;
- to intermediate in negotiations and endeavor to reach the conclusion of the Agreement;
- to attend a meeting and to provide clients with professional assistance of a lawyer related to the preparation of the Preliminary Agreement / Agreement for the sale of a real estate and other necessary documentation;
- to attend the handover of immovable property.
It is considered that the Intermediary has enabled the Principal to liaise with another person (individual or legal entity) about the negotiation of concluding a legal transaction if the Principal is enabled to make a contact with the other person, with whom he has negotiated about the legal transaction, especially if the intermediary:
- has directly taken or sent, the Principal or a third person to examine the real estate;
- has organized a meeting between the Principal and the third party in order to negotiate of concluding a legal transaction;
- has given the Principal a name, a telephone, a fax or an e-mail address of the third party interested in the conclusion of a legal transaction or if he has given him the exact location of the requested real estate.
III RIGHTS OF THE INTERMEDIARIES
The intermediary has the right, by concluding the Brokerage agreement with the principal, to photograph and make a video of a real estate. The photos and the video can only be used for the purpose of the real estate marketing by the intermediary.
The intermediary has the right to conclude the Brokerage agreement, which will approve him to transfer in the whole or in some parts his rights and obligations to another intermediary, in the written or electronic form if the principal expressly agrees with it in the Brokerage agreement.
The intermediary has the obligation to hand over a copy of the Brokerage agreement to the principal within five days from the day of concluding the Brokerage agreement. The intermediary has the right to issue an invoice to the principal for the performed services in accordance with the concluded Brokerage agreement and these general terms and conditions.
IV OBLIGATIONS OF THE PRINCIPAL
Obligations of the principal are:
- to inform the Intermediary of all circumstances that are of significance for the conduct of intermediation;
- to provide the intermediary with an insight into the original documents proving his right to the real estate that is the subject of transaction, or to alert the Intermediary to all recorded and unrecorded bills that exist on the real estate;
- to provide the examination of the real estate, in the agreed manner and at the agreed time to the Intermediary and the person interested in the conclusion of the legal transaction;
- to inform the Intermediary of all relevant information about the real estate, which in particular includes accurate information about the price, the location, the structure, etc.;
- to pay to the intermediary an agreed intermediary fee, and, if it is specifically agreed, to reimburse the intermediary for other expenses incurred during the intermediation;
- to inform the Intermediary in writing about all changes related to the mediated business, especially about the changes related to the rights to immovable property, deadlines and prices, within three days of the change;
- to inform immediately the Intermediary that the person who has examined the immovable property through the Intermediary has shown interest to conclude a Pre-Agreement / Brokerage Agreement on the sale or lease, or to perform any other legal business resulting the intermediation, without the intermediary
- to pay the intermediary the agreed intermediary fee in the full amount agreed in the Brokerage Agreement, and also in the case when the other party or a related party to the other party is the principal.
V EXSCLUSIV INTERMEDIATION
The principal may be obliged, by explicitly agreeing on an exclusive brokerage clause, that he will not personally alienate the real estate, which is the subject of the Brokerage Agreement, within the agreed period, nor will hire another intermediary for performing services connected to the real estate.
If, during the validity of the exclusive intermediation clause, the principal concludes a legal transaction connected to the real estate, which is intermediated by another intermediary or personally without any intermediary, he is obliged to pay the fees to the intermediary with whom the exclusive intermediation was concluded.
The intermediary is obliged to warn the principal in the Brokerage Agreement about the meaning and legal consequences of the exclusive intermediation clause.
VI EXERCISING RIGHTS TO INTERMEDIARY FEES
The intermediary exercises the right to intermediary fee on the day of verification the pre-Arrangement/ Brokerage Agreement which the intermediary has mediated for, and no later than fifteen days from the date of concluding the Brokerage Agreement.
The intermediary cannot demand partial payment of intermediary fee in advance, which means before concluding the Pre Arrangement / Brokerage Agreement he/she has mediated for, and all in accordance with the previous paragraph.
The amount and the way of determining the amount of intermediary fees, as well as the type and amount of costs for additional services performed by the intermediary, are determined by the Price List of Intermediary Services which is an integral part of these General Terms and Conditions.
The intermediary may contract the right to reimburse all additional expenses necessary for the execution of the order, no matter the success of the intermediation, and may request payment in advance for certain expenses, if that is explicitly stated in the Brokerage Agreement.
The intermediary has the right to get the intermediary fee if a marital or a domestic partner, a descendant, a parent or any other related person, who the intermediary has connected the Principal to, conclude the legal transaction.
If the Principal, after the termination of the Brokerage Agreement based on his/her termination, and no later than a month from the date of termination of the contract, concludes a legal transaction which is a direct consequence of the intermediation before the termination of the Brokerage Agreement, the Principal has the obligation to pay the complete intermediary fee, unless it is agreed differently in the Brokerage Agreement.
If the Principal, under the condition and within the period from the previous paragraph, concludes a legal transaction which is significantly the result of the intermediation before the termination of the Brokerage Agreement, he/she is obliged to pay the intermediary a proportional intermediary fee, unless it is agreed differently in the Brokerage Agreement.
The intermediary or sub-intermediary has no right to get the intermediary fee if he concludes a contract with the principal on his own behalf, for the subject of the intermediation, or if such a contract is concluded with the principal by a person who intermediates for the intermediary or sub-intermediary.
The expenses of obtaining the necessary documentation proving the ownership of the real estate (Extract from the Real Estate Cadastre Office, etc.), which is required for the transaction of the real estate, will be paid by the principal, unless it is agreed differently in the Brokerage Agreement.
The intermediary has the right to grant a discount to the principal on the amount of intermediary fee.
VII LIABILITY FOR DAMAGES
The intermediary must act with the care of a good businessman while performing intermediation, or any other activities connected to the business which is the subject of intermediation.
The Intermediary is liable to the Principal in accordance with the Law, for damage caused by not fulfilling the obligations arranged in the Brokerage agreement or specified in these General Terms and Conditions.
The intermediary is not responsible for fulfilling the obligations of any contracting parties in the transaction, which they have taken over from each other by concluding Pre Arrangement / Brokerage Arrangement.
The intermediary is not responsible for the quality of the real estate which is the subject of the transaction, nor for the hidden flaws (except in the case if the seller informed him in writing that the real estate has a hidden flaw, and he has hid the information from the buyer).
VIII FINAL REGULATION
IX PRICE LIST
|Description||Amount - fee||Paid by the principal||Payment deadline||Note|
|Selling – intermediary fee||1,5% of the agreed price||Seller||Pre agreement / agreement||If the price of the real estate is less than 20.000 EUR the amount of the fee is 300 EUR.|
|Buying – intermediary fee||1,5% of the agreed price||Buyer||Pre agreement / agreement||If the price of the real estate is less than 20.000 EUR the amount of the fee is 300 EUR.|
|Issuance – intermediary fee||50% (for the agreed period up to one year)-100% (for the agreed period over a year) of the amount of the first monthly rent||Lessor||Lease agreement|
|Rent - intermediary fee||50% (for the agreed period up to one year)-100% (for the agreed period over a year) of the amount of the first monthly rent||Tenant||Lease agreement|
- Everything that is not included in this Price List will directly be arranged with the responsible person of the intermediary.
- The Principal will agree with the Intermediary, orally or in writing, on the amount of a fee for additional services that the intermediary performs for the Principal, depending on the type and amount of work.
- In accordance with Article 34 of the Law on Foreign Exchange Operations, payment for all services is made exclusively in dinars at the appropriate exchange rate on the day of payment.
Zrenjanin, 19th April 2021