GENERAL BUSINESS CONDITIONS and PRICE LIST
The general conditions and price list of services and a copy of the insurance policy are an integral part of the mediation contract. General terms and conditions determine the terms and conditions of business not covered by the Mediation Agreement.The general conditions apply to all persons who are in contact with a real estate company arising from the mediation of real estate transactions. Where a real estate brokerage contract is concluded and contains provisions that have been agreed otherwise than the General Terms and Conditions, the provisions of the Contracts Agreement shall be respected.
Individual terms used in a mediation contract or general terms have the following meanings:
A real estate agent or real estate broker (hereinafter referred to as a real estate agent) is a natural person who carries out mediation operations on a real estate company on the basis of a contract of employment or other legal basis with a license obtained by the competent ministry for the purpose of carrying out mediation operations and is entered in the directory of real estate agents with the competent ministry.
Real estate brokerage means performing a registered profit activity of an intermediary in real estate transactions, whereby individual real estate brokerage activities include all activities in establishing contact between the principal and the third party, as well as in the negotiation and preparation for the conclusion of legal transactions the subject of which is determined real estate, such as buying, selling, renting, leasing or other contract for a particular property.
The client, or the principal, the client or the client. the subscriber (hereinafter: the principal) is a natural or legal person who concludes a mediation contract with the real estate company.
The third person is the person who the real estate broker attempts to contact the principal in order to negotiate with him for the conclusion of a particular property contract.
An intermediary third party is a person with whom the contact with the principal has been established by a real estate company.
Forwarded offer or demand is supply or demand transmitted by a third party.
Indicated information: any information that the client receives from the real estate agent.
External person: is a person who, at the time of conclusion of a real estate brokerage contract, is not in employment with the principal.
An appropriate contract is a contract whose object is property, such as, for example, purchase, sale, lease, lease or other contract for a particular real estate, when the real estate company mediates it.
A real estate agent is the sole agent for mediation, which means that the marketing and other mediation services authorize only one selected real estate company. The Client redirects all third parties and other real estate companies to the real estate company and does not carry out the marketing activity itself. The real estate company can transfer mediation services to other real estate companies in accordance with the agreement. The real estate broker keeps the entire forwarded to the conclusion of the relevant contract and participates in each transaction. The contracting authority shall pay for each such transaction for the brokerage service.
In addition to the real estate company, the brokerage is also authorized: The contracting authority may carry out the transfer of real estate on the market itself or conclude a contract with another real estate company, if so provided in the mediation contract.
In this case, the real estate company has the same or better terms for mediation (payment terms, delivery times, fiscal charges, etc.).
Indicative bid price: is the initial or advertised price, which is confirmed by the principal for the purpose of the intended transaction and does not include statutory taxes and payment for mediation.
SERVICES OF TRANSMISSION
The payment for mediation covers the cost of carrying out the activities, it covers the cost of carrying out actions in establishing contacts for the principal, checking the state of the property, and negotiating and preparing for the conclusion of legal transactions necessary for the conclusion of a legally valid contract for a particular property, in particular the costs for The following actions:
– conclusion of a real estate brokerage contract;
– informing the principal and the third party with market relationships that are important for determining the price of the property, the content of the regulations relevant to the valid conclusion of a real estate brokerage contract, the amount of tax liabilities of the client and the prices of notarial services;
– Determining the legal status of the real estate by acquiring real estate documents (extract from the land registry), contracts (if the property is not yet entered in the land register) and the like;
– written warnings, notices, certificates;
– viewing the property after the conclusion of a real estate brokerage contract;
– advertising the sale of immovable property in the media or otherwise;
– getting acquainted with a real estate owner and getting in touch with a third person;
– presence in the view of the property by the principal;
– Determining the actual state of the property;
– acquainting the principal with the established legal and actual situation of the property and a reliable warning of the errors found;
– telephone communication with customers;
– participation in negotiations for the conclusion of a business.
Services not listed in this article are the subject of a written order and payment.
The prices of additional services are determined in the valid price list of the real estate company. The real estate company is entitled to payment for additional services provided even if the contract, the object of which is a property, has not been concluded. In the payment for the non-assessed value added tax, therefore, when the invoice is issued, the payment is increased for any VAT.
PAYMENT FOR INTERMEDIATION.
The real estate company acquires the right to payment for mediation when the contract is concluded, when it has concluded the contract. The real estate company can not demand even a partial payment for mediation prior to the conclusion of the contract, the subject of which is the real estate. The real estate company also has the right to mediate payment even if the parties subsequently withdraw from the concluded contract. The amount of the mediation fee is agreed by the real estate company and the principal with a mediation contract. Payment for mediation in case of purchase or sale for the same property amounts to a maximum of 4% of the contract price. This limitation does not apply when the contractual value of the property is less than EUR 10,000.00. Upon conclusion of the contract on the sale of the company’s business share, the principal shall pay a mediation fee of 4.0% of the selling price of the business share + ddv. Value-added tax is not included in the payment for forwarding, therefore, when the invoice is issued, the payment for mediation is increased for potential VAT. In the event of a delay in payment, the principal must pay legal default interest. In the case of rent / rental, a mediation fee of two (2) monthly rentals is provided. In this case, a real estate company may grant a discount if the task determines that there are objective reasons. In the event that a real estate company does not perform the business of the General Terms and Conditions because this is not necessary due to the circumstances of the individual case or at the explicit desire of the principal or for any other reason, the principal has no right to request a reduction in the payment for mediation. The fee for mediation does not include the costs of notary services, taxes, court and administrative fees, fees for certificates and permits required for the valid conclusion of the contract, as well as the cost of additional services. The real estate company and the principal may agree that the real estate company has the right to pay for mediation also when the client himself finds a third party with whom he concludes the contract that was the subject of mediation. The transfer fee referred to in the preceding sentence shall not exceed one-fourth of the agreed mediation fee. In the event that the third party is a close family member, the principal is obliged to pay the agreed payment for mediation in full with the contract. The real estate company has the right to mediate payment even when the principal / immediate family member, after the expiration of the mediation contract, concludes the contract of which the object is a real estate, with the third party with whom the principal has been put in contact with the Real Estate Company. When the real estate is first surrendered and later sold, two transactions have been made, therefore each transaction concluded separately is paid for the mediation service. When it comes to the exchange of a real estate, two transactions have been made, therefore each transaction concluded separately is paid for the mediation service.
RETURN OF COSTS
If the parties expressly agree with the mediation agreement, the real estate company may, in accordance with the second paragraph of Article 848 of the Code of Obligations, reserve the right to reimbursement of the actual costs incurred in connection with the provision of mediation services under the General Conditions, even in the case , if the contract for which the property is subject has not been concluded. This will cover the costs of the general pricing conditions.
PROTECTION OF INTERESTS
The real estate company can also forward to a third party by taking equal care for protecting the interests of the client and a third party.In case the real estate broker ceases by mediation or in order to ensure uninterrupted mediation, mediation and information under the Mediation Agreement, it shall be transferred to another intermediary which the company informs the contracting authority in writing.
The real estate company proposes that, for the case in connection with the execution of the relevant contract, the client for deposit will choose the appropriate notary.
INSURANCE LIABILITY INSURANCE
The real estate company has a protected professional liability for damages. The insurance covers the liability for damage that may arise to the principal or a third party in violation of a contract for mediation in real estate transactions in the territory of the Republic of Slovenia. The name of the insurance company, the insurance policy number and the sum insured are indicated in the mediation contract.
CONCLUSION OF THE POSSESSION OF THE MILLION PROPERTY COMPANY
The real estate company also has the right to mediate payment also in cases where the principal or his family member concludes a contract relating to the real estate that was the subject of mediation with a third party with whom the principal has brought in a real estate broker.
OTHER OBLIGATIONS OF THE CONTRACTING AUTHORITY
The contracting authority must provide the real estate company with all documentation relating to the real estate that is the subject of mediation (in particular, the proof of ownership, the land registry extract, the contract, the building permit, the location information and all other documents).
The contracting authority guarantees the truth, accuracy and completeness of the submitted data or documentation.
The Client must notify the Real Estate Company in writing, without delay, and at the latest within 8 (eight) days of the change, of any change in its interests (selling price, date of immovable property, etc.), any change to the real or legal state of the property and any change in its data mediation contracts.
In the event that the principal will market the real estate itself or in competitive real estate companies, he authorizes the real estate company to market or sell it. advertises under the same conditions.
In the event that a third party concludes a contract or a preliminary contract with which the real estate object is concluded, either immediately or through a mediation of a competitive real estate company, without delay, and no later than 8 (eight) days from the conclusion of such contract or pre-contractual agreement with the Real Estate Company in writing, and handed it a copy of this contract.
- CONTEMPORARY CONDUCT OF THE CONTRACTING AUTHORITY
The contracting authority is obliged to return to the real estate company all damage that the real estate company incurs due to the contractor’s violation of contractual obligations.
In particular, the following contracting authorities’ actions are considered to be breaches of the mediation contract:
– the contracting authority violates the mediation contract;
– the client gives inaccurate, incomplete information about the offer or needs and the intention to do so after the conclusion of the transaction;
– the principal, without substantiated reasons, makes it impossible for the real estate company to manage the views of the real estate;
– the principal himself or other real estate companies markets the real estate under more favorable terms than agreed with the mediation contract;
– the principal of the real estate company does not inform or inform the real estate company in due time of the conclusion of the contract or pre-contract, the object of which is the real estate, with a third party who finds it alone or does not hand it over or not deliver it to the copy of the contract, the object of which is the real estate;
– that a third person, referred by the broker to the contracting authority, will negotiate the sale of the property solely in the presence of an intermediary.
– in contrast to good faith and honesty, the client does not enter into negotiations for the conclusion of a contract or refuses to conclude a contract with which the real estate object is situated, with a third party, contacted by the Real Estate Company without a valid reason;
– the procuring entity carries out a change or transfer of the ownership of the real estate or the legal entity of the principal to another legal entity and / or another legal entity concludes with the mediated third party an appropriate contract the object of which is the sale / rental of a real estate or business.
– gives misleading information about the intention of the contract,
– communicate or provide information. allow the acquaintance of an outside person, except where the law so permits,
– communicate or provide information. make it possible to get acquainted with persons who are in a working relationship with the principal, but they do not necessarily need to perform these functions.
– communicates with a forwarded third party to a real estate company,
– concludes a legal transaction with a third party passed by or without the knowledge of a real estate company,
– when the contract does not occur due to the circumstances which the principal has neglected or confiscated a real estate company,
– Missing legal and factual errors or staff
– the client makes a change or transfer of ownership of the real estate or the legal entity of the principal to another legal entity and / or another legal entity concludes with the seconded third party an appropriate contract the object of which is the sale /
CONTACT BETWEEN CLIENT AND THIRD PERSON
The real estate company establishes a contact between the principal and the third party if it organizes a visit or their meeting or provides any information about a third party (name, surname, firm, contact, address, location, identifier of real estate …) or if it provides the third party with any information about the real estate, about the principal (name, surname, firm, contact, address, location, real estate identifier …) or inform the customer in another appropriate way.
RIGHT TO OBTAIN DATA
A real estate company, in the event that the principal resigns from the mediation contract or does not conclude the contract, the object of which is the real estate, may conduct inquiries about a possible contract, the subject of which is the real estate.
PROTECTION, PROCESSING AND USE OF PERSONAL AND CONFIDENTIAL DATA
All information and information obtained by the principal from the Real Estate Company is of a confidential nature and is considered as a business secret, with the exception of information and information that is publicly available. If the principal informs them to third parties, he is obliged to pay the real estate company payment for mediation, regardless of whether the contract with the real estate company was concluded and to assume all the damages that arise from this title.
When this explicitly dictates the nature of a particular transaction (eg the conclusion of a brokerage contract, the conclusion of a sales contract, etc.), the principal allows the photocopy of a personal document as accompanying documentation.
In accordance with the Act on the Prevention of Money Laundering and Terrorist Financing, the principal confirms that he is not a politically exposed person and confirms that:
– is not the head of state, prime minister, minister or deputy or assistant of any of those persons.
– There are no elected representatives of legislative bodies.
– Not a member of the governing bodies of political parties.
– He is not a member of the Supreme and Constitutional Courts and other high-level judicial bodies against whose decisions, except in exceptional cases, regular or extraordinary legal remedies can not be applied.
– Not a member of the Court of Auditors or Central Bank Councils.
– He is not the head of diplomatic representations, consulates or representations of international organizations, or their deputy or high-ranking officer of the armed forces.
– Not a member of the administrative or supervisory bodies of enterprises that are majority owned by the state.
– He is not the head of the organs of international organizations (eg president, secretary general, director, judge), their deputy, member of the governing bodies or holder of equivalent functions in international organizations.
– He is not a close family member and is not a close associate of any of the abovementioned persons.
– In the last 12 months, he did not perform, or a close family member or a close associate, did not perform any of the aforementioned tasks.
The real estate company undertakes to protect all personal data in accordance with the law on the protection of personal data.
The contracting authority permits the collection, acquisition, subscription, editing, insight, storage, deletion and transmission of its personal data, which it manages in personal data collections, to third party beneficiaries or otherwise processed. An eligible third party is a person who is entitled to access to the data in accordance with the law or a business party of a real estate company, which is required to carry out the intended transaction or service.
The contracting authority agrees to the processing of his personal data for the purpose of informing or direct marketing of the company’s services and for the purpose of concluding, implementing, modifying an appropriate contract the object of which is the real estate.
DURATION TIME AND DISCLAIMER OF THE CONTRACT
An appropriate mediation contract is concluded for a fixed period of nine (9) months. After expiry of the period referred to in the preceding paragraph, the parties may extend or conclude a new mediation contract. The contracting authority has the right to withdraw from the brokerage contract at any time in good faith. The contracting entity – in the case of a distance contract, the natural person has the right, within 14 days of the conclusion of the mediation contract, to inform the real estate company that it rescinds the contract without having to state the reason for its decision. In the event of withdrawal from the contract, the principal returns the real estate company to everything that has been received from it, and the principal is paid for all services provided under the current price list. The contracting authority does not have the right to withdraw from the brokerage contract after the real estate company contacts the third party and the principal. The cancellation must be made in writing. These general terms and conditions apply until the change. The management of the real estate company has the exclusive competence to change the general conditions when changing the legislation, regulations or business process.
In the event that any provision or part of the provision of the Mediation Agreement or of the General Conditions does not comply with existing or future legislation, such provision or part of the provision shall be disregarded and discarded by the immovable property or,shall be replaced by the provision closest to the provision in question. The possible invalidity of such provision or part of the provision shall not affect the validity of the remaining provisions. Any dispute arising out of or in connection with this mediation contract shall be settled by mutual agreement between the parties. If an amicable settlement of the dispute is not possible, any disagreement, dispute or claim arising out of or in connection with this Treaty, or arising out of its breach, termination or invalidity, shall be settled before a competent court established in the place of the real estate company.
|PRICE-LIST OF SERVICES||price in EUR excluding VAT||price in EUR with possible VAT|
|Composition of the contract, management and execution of sales,||614.75||750|
|Composition of a sales contract||450||549|
|Composition of pre-contract||225||274.5|
|Composition of the lease agreement||360||439.2|
|Advice on tax liabilities is included in the payment for forwarding.||360||439.2|
|In the event of early termination of the brokerage contract, consultancy is payable:|
|1. Sale of real estate|
|2. Grant or inheritance of immovable property|
|3. Profit from equity|
|4. Property tax|
|5. Compensation for the use of building land|
|6. Income tax due to land use change|
|Obtaining the original land register statement on the land register||100||122|
|Obtaining a land use certificate||68||82.96|
|Obtaining a cadastral plan at the Gurs window||100||122|
|Informing pre-emptive beneficiaries of the pre-emptive right. Price per beneficiary.||10||12.2|
|Obtaining other documents, prices for each document + taxes.||100||122|
|Mileage, price / km. If the service is longer than 20 minutes, the transport time is also charged (1) eur / min + ddv, for transported to the location and back.||0.303 / km +||0.37 / km + 1.22EUR / min|
|1 EUR / min|
|Consultations by appointment||100,00 / hour or by agreement||122.00 / hour or by agreement|
|View property without concluding a brokerage contract||100,00||122.00|
|The first view of the property and the execution of further views is included in the payment for forwarding. In case of early termination of the mediation contract, the first visit and each performed tour will be paid. Price per view.||60||73.2|
|Real estate advertising is included in a payment for forwarding. In case of early termination of the mediation contract, advertising is payable. Price per day of advertising.||5||6.1|
|Energy certificate: The price of the production and the issuance of an energy certificate is equal to the tariff or the amount of the card issuer’s account, and a markup of one (1) hour of real estate consultancy or more, depending on the time of the consultancy.||According to the issuer’s account + counseling hours||According to the issuer’s account + counseling hours|