I GENERAL PROVISIONS
Article 1.
The general terms of business of ADV ROYAL CONSULTING, in accordance with Article 28 of the Law on Real Estate Brokerage and Leasing, regulate the business relationship between the Real Estate Broker and the Principal (natural or legal person). By concluding the Mediation Agreement, the Principal confirms that he accepts, that is, that he is familiar with and agrees with the provisions of the General Business Conditions of Real Estate Brokers.
Article 2.
Mediation is carried out on the basis of the Agreement on mediation in traffic, i.e. real estate lease, concluded by the Principal (Lessor) and the Mediator.
The Principal (Lessor) may have concluded Mediation Agreements with several Mediators at the same time (except in the case of exclusive mediation).
Article 3.
The buyer/tenant in the capacity of Principal is obliged to pay the brokerage fee to the Broker who first enabled him to view the property in question, that is, who first introduced him to the property in question. In the event that the Principal (buyer/tenant) viewed the property in question (through another intermediary or by himself) before the Intermediary ADV ROYAL CONSULTING showed it to him, he is obliged to inform the Intermediary about this, so as not to duplicate the viewing, and how would avoid potential disputes between the Principal and the Intermediary and the intermediary between themselves, and in the event that he does not do so, it will be considered that he viewed the real estate for the first time through the Intermediary ADV ROYAL CONSULTING.
The buyer/tenant in the capacity of Principal is obliged to sign the Real Estate Viewing Certificate to the intermediary immediately before viewing the real estate, in which he confirms that he viewed the real estate in question through the Intermediary
In the event that the buyer/tenant refuses to sign the Confirmation from the previous paragraph, the Broker is not obliged to show him the real estate in question. In the event that the Broker showed the property in question to the buyer/tenant and despite refusing to sign the Viewing Confirmation, the buyer/tenant or persons related to him listed in Part II, last paragraph, of these General Terms and Conditions of Business, conclude the Agreement on Sale/Lease of the property in question , the fact that the buyer/lessee was brought into contact with the seller/lessor by an intermediary will be proven by other means of evidence – witnesses, written or electronic documentation, text messages, etc.
Article 4.
The seller/lessor in the capacity of Principal is obliged to pay the brokerage fee to the Broker who first brought him in connection with the potential buyer/tenant. In the event that the Intermediary brings into contact with the Principal (seller/lessor) a person who has already viewed the property in question, he is obliged to inform the Intermediary about this, in order to avoid potential disputes between the Principal and the Intermediary and the intermediary, and in the event that he does not do so , it will be considered that the Principal was brought into contact with the potential buyer/tenant for the first time through ADV ROYAL CONSULTING
II DESCRIPTION OF WORKS THAT THE MEDIATOR IS OBLIGED TO PERFORM, RIGHTS OF THE MEDIATOR DURING MEDIATION, EXCLUSIVE MEDIATION AND OBLIGATIONS OF THE PRINCIPAL
Obligations of intermediaries
Article 5.
1) to conclude the Mediation Agreement with the principal in writing or electronically;
2) to try to find and bring a person in contact with the principal in order to conclude a legal transaction;
3) to give the Principal an objective opinion on the price of real estate or the amount of real estate rent in accordance with its characteristics, market opportunities, as well as other relevant circumstances;
4) to inspect the documents that prove the right of ownership or other real right to immovable property whose turnover, i.e. lease, is the subject of the mediation and to warn the Principal in particular of possible risks related to the registration of the immovable property in question in the immovable registers, registered rights or encumbrances on the immovable property in question real estate, the existence of the right of pre-emption and limitation in legal transactions in accordance with special regulations;
5) to perform the necessary actions in order to represent (presentation) the real estate on the market, to post an advertisement related to the sale, i.e. the lease of the real estate in an appropriate manner and to perform all other actions agreed upon in the mediation contract that go beyond the usual presentation, for which he is entitled on special, pre-specified expenses;
6) to enable viewing of real estate;
7) to keep personal data of the Principal, and upon written request, i.e. upon the written order of the Principal, and to keep as a business secret data about real estate, in connection with whose turnover, i.e. lease, he mediates, or in connection with that real estate, or about business for which mediates;
8) to inform the principal about all circumstances significant for the work in question that are known to him;
9) to mediate in negotiations and strive to reach the conclusion of the Agreement;
10) to be present at the conclusion of the legal transaction (pre-contract and contract);
11) to attend the handover of real estate
12) to provide, at his own expense, the professional assistance of a lawyer related to the drafting of the Pre-Contract and the Contract and other necessary documentation, so that the legal work is done well
13) to keep records of EOP
14) to keep the necessary forms required by the competent authorities in the field of real estate, published on the website and in the official documents of the ministries of the competent sectors in Transport in the sale and mediation of real estate
Article 6.
It is considered that the Intermediary has enabled the Principal to contact another person (natural or legal) regarding negotiations for the conclusion of a legal transaction, if the Principal has been enabled to enter into a relationship with another person with whom he negotiated for the conclusion of a legal transaction, and especially if:
1) directly took, or instructed the Principal, or a third party to view the property in question;
2) organized a meeting between the Principal and a third party (or his representative – attorney, relative, etc.) for the purpose of negotiating the conclusion of a legal transaction;
3) communicated to the principal the name, phone number, fax number, or e-mail address of a third party interested in concluding a legal transaction, or if he communicated the exact location of the requested immovable property;
Mediator’s rights during mediation
Article 7.
The mediator has the right, with the consent of the Principal (seller/lessor), to photograph or make a video recording of the real estate, the turnover of which is agreed upon in the Mediation Agreement. The mediator may not use the photos or videos taken for any other purpose, except for the purpose of presenting the real estate in question to a potential buyer/tenant, that is, advertising it by placing it on his website or through an advertisement on the Internet.
Article 8.
The intermediary has the right to conclude, in written or electronic form, a sub-mediation agreement, in which he will, in whole or in part, transfer his rights and obligations from the mediation agreement to another intermediary, if the principal has expressly agreed to this in the mediation agreement. The mediator is obliged to hand over a copy of the Submediation Agreement to the Principal within three days from the date of conclusion of that agreement.
Article 9.
The Intermediary has the right to issue an invoice to the Principal for the services rendered, in accordance with the concluded Intermediation Agreement and these General Terms and Conditions.
Exclusive mediation
Article 10.
The principal can oblige by explicitly entering into an exclusive mediation clause that he will not personally dispose of the immovable property that is the object of the mediation agreement within the agreed period, nor will he hire another mediator to mediate in relation to its turnover.
If, during the validity of the clause on exclusive mediation, the Principal concludes a legal transaction related to the subject immovable property, which was mediated by another mediator, or personally, without the mediation of any mediator, he is obliged to pay the amount to the mediator with whom he contracted exclusive mediation in the name of damages agreed intermediary fees.
The Mediator is obliged to specifically warn the Principal in the Mediation Agreement about the meaning and legal consequences of the clause on exclusive mediation.
Obligations of the Principal
Article 11.
1) to inform the Mediator about all the circumstances that are important for conducting the mediation,
2) to give the Mediator the originals of the documents that prove his right to the real estate, which is the subject of the transaction, that is to warn the Mediator about all registered and unregistered encumbrances that exist on the real estate;
3) to provide the Intermediary and the person interested in concluding the legal transaction with a viewing of the real estate, in the agreed manner and at the agreed time;
4) to inform the Intermediary about all important data about real estate, which in particular includes accurate data about price, location, structure, etc.;
5) to pay the Intermediary the agreed brokerage fee, in case of realization of the contracted turnover as well as cases from Part III of these General Terms and Conditions, and if it is separately agreed, to compensate the Intermediary for other costs incurred during mediation;
6) to inform the Mediator in writing about all changes related to the mediated work, especially about changes related to real estate rights, deadlines and price, all within three days of the change;
7) to immediately notify the Intermediary that the person who viewed the real estate through the Intermediary (or a person related to him) has shown interest in concluding a Contract/Preliminary Agreement on the purchase and sale of real estate, Lease of real estate, or perform some other legal work that is a consequence of the intermediary’s work, without the Intermediary.
III EXERCISE OF THE RIGHT TO INTERMEDIARY FEE
Article 12.
The Intermediary acquires the right to an intermediary fee at the moment of concluding the Agreement for which he mediated, unless the Intermediary and the Principal have not agreed that the right to an intermediary fee is acquired at the moment of concluding the Pre-Contract for which the intermediary mediated.
The intermediary cannot demand partial payment of the intermediary commission in advance, that is, before the conclusion of the Pre-Contract, i.e. the Agreement, for which he mediated, in accordance with the previous paragraph.
The amount of intermediary fee, i.e. the method of determining the amount of intermediary fee, as well as the type and amount of costs for additional services of the Intermediary, are determined by the Price List of intermediary services, which is an integral part of these General Terms and Conditions.
Article 13.
The costs of obtaining the necessary documentation proving the ownership of the property in question (Extract from the Cadastre, etc.) and which are required for the sale of the property in question shall be borne by the PRINCIPAL, unless otherwise agreed in the Mediation Agreement.
The intermediary can contract the right to compensation for additional costs necessary for the execution of the order, regardless of the success of the mediation, and request that funds be paid in advance for certain expenses, if this is expressly stated in the mediation Agreement.
Article 14.
The mediator has the right to a mediation fee if the spouse, i.e. common-law partner, descendant, parent, as well as other persons related to the person with whom the mediator brought the Principal into contact, concludes the mediated legal transaction. Related persons, in addition to the mentioned relatives, will also be considered the parents of the spouse, his brothers and sisters, as well as the legal entity that is owned (co-owned) by the potential buyer, or his relatives mentioned in this paragraph, as well as the persons who are with him attended the real estate presentation.
Article 15.
If, after the termination of the Mediation Agreement on the basis of the Principal’s termination, and within a period of no longer than one month from the date of termination of the contract, the Principal concludes a legal transaction that is a direct consequence of the mediator’s mediation before the termination of the mediation Agreement, he is obliged to pay the mediator the agreed mediation fee as a whole, unless otherwise agreed in the mediation agreement.
If, under the conditions and within the period from the previous paragraph, the Principal concludes a legal transaction that is to a significant extent the result of mediation by the mediator before the termination of the validity of the Mediation Agreement, he is obliged to pay the Mediator a proportionate mediation fee, unless otherwise agreed in the Mediation Agreement.
Article 16.
An intermediary or a sub-mediator does not have the right to compensation for mediation if, on his own behalf, as a contracting party, he concludes a Contract on the transfer of real estate that is the subject of mediation with the Principal, i.e. if such a contract with the Principal is concluded by a person who performs mediation activities for the Intermediary or sub-broker .
Article 17.
The right to the agreed mediation fee is realized by the Mediator in the case when a legal transaction is concluded, and after the expiration or termination of the mediation agreement for a period of up to 18 months, it is indicated in the Mediation Agreement.
Article 18.
The mediator is not obliged to return the paid mediation fee (in case of termination of the Agreement, Preliminary Agreement, withdrawal of one of the contractual parties, etc.), unless otherwise agreed in the Mediation Agreement.
IV LIABILITY FOR DAMAGES
Article 19.
In carrying out mediation, that is, other actions related to the work that is the subject of mediation, the mediator must act with the care of a good businessman.
The Intermediary is liable to the Principal in accordance with the Law, for damage caused by the Intermediary’s failure to fulfill the contractual obligations assumed by the Intermediation Agreement and specified in these General Terms and Conditions.
The mediator is not responsible for the performance of the obligations of any of the contractual parties in the transaction, which they mutually assumed in the concluded Agreement (Pre-Agreement).
The broker is not responsible for the quality of the real estate that is the subject of the transaction, nor for hidden defects (except in the case that the seller informed him in writing that the real estate has a hidden defect, and he concealed this information from the buyer).
V TERMINATION OF THE AGREEMENT ON MEDIATION
Article 20.
The Mediation Agreement determines the period for which the Agreement is concluded. Unless otherwise agreed, the Agreement will be considered concluded for one year.
Article 21.
The Mediation Agreement ceases to produce legal effects upon the conclusion of the legal transaction for which it was mediated, the expiration of the term for which it was concluded (if not otherwise agreed in the Mediation Agreement), or the cancellation of the Principal, which is given in written or electronic form
Article 22.
The termination of the mediation agreement does not have to be explained, it can be given at any time (except for exclusive mediation, where the term is considered an essential element of the Agreement) and has legal effect from the moment it is delivered to the other party.
VI GENERAL PROVISIONS
Article 23.
The provisions of the Law on Real Estate Brokerage and Leasing, other regulations governing this area and the Law on Obligations shall apply directly to the relations between the Principal and the Broker, which are not regulated by the Brokerage Agreement, nor are they regulated by these General Terms and Conditions.
Article 24.
These General Terms and Conditions are an integral part of the Mediation Agreement, they are prominently displayed in the Mediator’s premises and published on the Mediator’s website.
APPENDIX
Price list of services