General terms and conditions for real estate brokerage services

General terms and conditions for real estate brokerage services of the company Adria real estate, real estate brokerage, engineering and consultancy, d.o.o. (Adria nepremičnine, promet z nepremičninami, inženiring, svetovanje, d.o.o.), Koper, Ankaranska 7, VAT ID: 53473574, Registration no.: 1939076 are in accordance with Article 15 of the Real Estate Agencies Act (Official Gazette of the RS No št.42/2003).

These general terms and conditions form part of a contract for brokerage services concluded by an agent with a client.

1. Brokerage services for purchasing or selling real estate

Before concluding the contract for brokerage service, it shall be necessary to:

  • check the actual condition of the real estate (viewing the property);
  • check the legal ownership of the real estate and any third-party rights;
  • check documents and obtain documents as needed (costs covered by the client);
  • organise and manage viewings;
  • prepare contracts for concluding a legal transaction (as agreed);
  • keep original documents until a legal transaction is concluded;
  • monitor the execution of the sales contract, in particular, the payment of each instalment.

If the agent does not perform any of the listed services upon express request of the customer, the customer is not eligible to demand a reduction of the commission if the agent was prepared and available to perform these services.

2. Brokerage services for leasing real estate

  • check the actual condition of the real estate (viewing the property);
  • check the legal ownership of the real estate;
  • participate in negotiations for concluding a contract;
  • prepare suitable contracts.
Commission

In accordance with Article 5 of the ZNPosr (Official Gazette of the RS no. 42/2003), the agent or the real estate brokerage company is entitled to a commission  for brokerage services when involved in purchasing or selling a real estate, in the amount of 4 % of the real estate contract value, increased by value added tax (VAT), except when the contract value of the real estate is less than EUR 10,000.00 or when brokerage services involve leasing a real estate in which case the commission is in the amount equal to two months of rent, and in each case, the commission shall not be less than EUR 400.00.
By concluding a brokerage contract, the agent and the client agree on the payment for brokerage services whereby the customer, as a condition for selling/leasing the real estate, requires that the brokerage fees are shared to the effect that a third party accepts part of the obligation to pay the fee, in the amount of 2 % of the agreed contract value with respect to sales contracts and up to two month rent with respect to lease contracts (22 % VAT is not included).

In accordance with Article 25 of the ZNPosr and Article 847 of the Code of Obligations, the agent shall acquire the right to demand the commission when a contract or a preliminary contract has been concluded. The agent shall retain the right to this payment even if the contract that had been concluded is subsequently rescinded provided the agent is not responsible for the contract being rescinded.

The customer must pay the commission when he or his family member concludes the contract with a third party who was introduced to them by the agent. The agent does not have the right to the commission if the customer found the third party himself with whom he concludes a contract for the real estate that is the subject of brokerage services. The company Adria real estate d.o.o. is tax registered. The real estate’s liability is insured with Triglav insurance company. The insurance policy number is OD40100057076, the insured amount is EUR 175,000.00, the annual aggregate is EUR 350,000.00. Brokerage services are performed by the real estate agent Radinovič Peter, licence no. 00169, registered in the Real Estate Agents Register under no. 0016400169.

Other provisions

A customer may conclude a brokerage contract with another real estate for the same real estate.
The customer must inform the real estate agency of all circumstances that are important for performing brokerage services. If the customer finds a third party with whom he or she concludes a contract that was the subject of brokerage services, the customer must immediately inform the agent and not later than within 3 working days.
The customer may rescind the brokerage contract when rescinding the contract is not contrary to fair practice; otherwise, the customer must pay the agent damages incurred by having rescinded the contract.

Customer’s obligations for Energy Card (E-card)

The agent is notifying the customer of provisions laid down in the Energy Act (abbrev.: EZ-1; Official Gazette of the RS no. 17/14) as follows:

  • When selling or leasing a building or its individual part, the customer must ensure advertising includes information on energy indicators of energy efficiency of the building or its individual part as these appear in the Energy Card.
  • When selling or leasing, the owner of a building or its individual part must hand over a valid Energy Card to a buyer or lessee before a contract is concluded.
  • The Energy Card for the whole building may be handed instead of the Energy Card for an individual part of a building.
  • The customer accepts full responsibility and shall pay any fines issued for failing to hand over a copy of the Energy Card or for not disclosing the information contained therein to the real estate company.
  • If the contracting parties agree otherwise it shall be considered that a brokerage contract is concluded for a fixed period of nine months, with an option for renewals.

The parties may terminate the contract at any time when this is not contrary to good faith and fairness.
Koper, 24 March 2014
Valid until revoked!

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