General Terms and Conditions for Operation of The Intermediate In The Turnover of Immovable PropertyI GENERAL CONDITIONS
The general conditions of business regulate the business relationship between the intermediaries in the real estate market and the lease of real estate and the principal (a natural or legal person). By concluding a mediation contract, or by accepting these conditions, the ordering party confirms that it is aware and agrees with the provisions of the General Terms and Conditions of the business of real estate brokers.
II DESCRIPTION OF JOBS THAT INTERMEDIATE IS LIABLE TO OBTAIN:
- To conclude a mediation contract with the principal in writing;
- To seek to find and bring in a relationship with the principal of a person for the purpose of concluding a legal transaction;
- To give the client an objective opinion 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 whose real estate or lease is the subject of mediation and warn the principal, in particular of possible risks related to the registration of the real estate in the real estate registers, the registered rights or interests on the real estate in question , the existence of pre-emptive rights and the restriction in real traffic in accordance with special regulations;
- To perform the necessary actions in order to present real estate on the market, to place an advertisement in connection with the sale or lease of immovable property in an appropriate manner and to perform all other actions stipulated by the mediation contract that go beyond the usual presentation, and for what is entitled to special, pre-stated costs;
- To enable the survey of immovable property;
- To keep information on the personality of the principal and, upon the written order of the principal, to keep as a business secret the real estate data, in relation to whose traffic or lease it provides, either in connection with that real estate or the business for which it is mediating;
- Notify the principal of all circumstances relevant to the subject matter he is familiar with;
- To intervene in the negotiations and try to reach the conclusion of the contract;
- To be present at the conclusion of a legal transaction (Pre-contract and Contract);
- To attend the handover of immovable property;
- Directly dispatched, or sent to the principal, or a third person to see the real estate in question;
- Arranged a meeting between the principal and the third party for negotiation for the conclusion of a legal transaction;
- Communicate the name, telephone, fax or e-mail address of the third party interested in the conclusion of a legal transaction to the customer, or if he has informed him of the exact location of the requested real estate.
Obligations of the Principal:
- To inform the mediator of all circumstances that are of significance for the conduct of mediation,
- To provide the broker with an overview of the original documents proving his right to real estate, which is the subject of the transaction, or to warn the intermediary of all recorded and unrecorded burdens that exist on the real estate;
- To secure to the intermediary and the person interested in the conclusion of the legal transaction the examination of the real estate, in the agreed manner and at the agreed time;
- To inform the intermediary of all relevant real estate data, which in particular includes accurate price, location, structure and other details;
- To pay to the mediator the agreed mediation fee, and if it is specifically agreed, to compensate the intermediary for other expenses incurred during the mediation,
- To inform the mediator in writing of all changes in relation to the mediated business, and in particular about changes related to rights to immovable property, deadlines and prices, within the period of three days after the change occurred;
- Immediately inform the mediator that the person who viewed the immovable property through an intermediary has shown interest in concluding a contract / pre-contract for the sale of immovable property, lease of immovable property, or performing any other legal business that results from the work of an intermediary without an intermediary.
III EXERCISING RIGHTS ON MEDIATOR FEES
The intermediary acquires the right to an intermediary fee at the time of concluding the contract for which it has mediated, unless the intermediary and the principal have agreed to acquire the right to an intermediary fee at the moment of concluding the pre-contract that mediator mediated.
The mediator may not require partial payment of an intermediary fee in advance, or before the conclusion of the pre-contract or contract, for which he has mediated, in accordance with the preceding paragraph.
The amount of mediation fee, i.e. the method of determining the amount of mediation fee, as well as the type and amount of costs for the additional services of the intermediaries, are determined by the Price List of Intermediary Services which is an integral part of these General Terms and Conditions of Business.
The mediator may negotiate the right to reimbursement of the additional costs necessary for the execution of the order, regardless of the success of the mediation, and ask to be pre-paid for certain expenses, if expressly stated in the mediation contract.
The mediator is entitled to an intermediary fee if the spouse, or an extra-marital partner, or a descendant, or the parent of the person with whom the mediator has brought in the relationship of the principal, concludes the legal transaction.
If, upon termination of the validity of the mediation contract, based on the cancellation of the ordering party and within a period of not more than one month from the date of termination of the contract validity, the principal concludes a legal transaction that is a direct consequence of the mediator's mediation before the termination of the mediation contract, he is obliged to pay to the intermediary the agreed mediation award in whole, unless otherwise agreed upon by a mediation contract.
If, subject to and within the time limit referred to in the preceding paragraph, the principal concludes a legal transaction that is largely the result of the intermediary's mediation prior to the termination of the mediation contract, he shall pay to the intermediary a proportionate mediation fee, unless otherwise agreed by the mediation contract.
The mediator or the agent is not entitled to compensation for mediation, if with the principal, in his own name, as a contracting party, he concludes the contract that is the subject of mediation, or if such contract with the customer is concluded by a person who carries out mediation activities or for the agent.
IV GENERAL CONDITIONS
The relations between the principal and the intermediaries that are not regulated by these General Terms and Conditions and which are not contracted by the mediation contract shall be subject to the provisions of the Act regulating this field and the Law on Obligations.
SERVICE PRICE LIST
- Free with signed Real Estate Brokerage Agreement
- Free with signed Real Estate Brokerage Agreement
- From 2-5% of the agreed purchase price
Exclusive purchasing intermediation:
Valuation of real estate values:
- Associate - 50 € per hour
- Expert - € 100 per hour
- free of charge with the signed Real Estate Brokerage Agreement
In accordance with Article 34 of the Law on Foreign Exchange Operations, payment of all services is done exclusively in dinars, at the middle exchange rate of the NBS on the day of payment.