General Terms and Conditions
BEST REAL ESTATE COMPANY D.O.O.
According to the provision of Article 28 of the Law on Real Estate Brokering and Leasing, company »BEST REAL ESTATE" doo with headquarters in Belgrade, Patriarha Varnave Street No. 20, registration number: 20552662, PIB: 106193133, license number 058, whose is legal representative, the director, Ljiljana Teodosijevic, as a Business Company engaged in the activity of real estate brokerage and leasing of real estate (hereinafter: broker), sets out on 08.11.2013 these General Terms and Conditions of Business with the following content:
Real estate brokering and leasing of real estate shall be performed by the mediator following the provisions of Articles 2 and 15-29. Of the Law on Real Estate Brokering and Leasing and under the provisions of Section 813, 814, 816-820. and 822-826, the Law on Obligations and other provisions of this Act that apply accordingly. These General Terms and Conditions set out the basic conditions and manner of conducting real estate brokering and leasing of real estate, as well as the mutual rights and obligations of intermediaries and commissioners, natural and legal persons and entrepreneurs. Real estate brokering and leasing is an activity involving finding activities to contact the contracting party of the other contracting party, which would negotiate the conclusion or conclusion of a contract for the real estate or leasing with the contractor, and perform the activities of the intermediary with monetary compensation. Mediation is performed based on a mediation contract, and these General Terms and Conditions are an integral part of the mediation contract. By signing the brokerage contract, the client confirms that he is familiar with the General Terms and Conditions and accepts them. These General Terms and Conditions are prominently displayed in the broker's business premises, which enables the broker to get acquainted with them. The mediator cannot perform the mediation unless he has concluded a mediation contract with the principal. The mediator keeps a record of the mediation, which contains information on the mediation contracts, in particular data on the principal, real estate whose sale, or the lease is subject to mediation, terms of mediation and brokerage fee. The mediator in the mediation business has the right to advertise the real estate for whose sale or lease he mediates in the media (print media, television, radio, electronic media, etc.), in his business premises, on his website and in other places where he is allowed advertising in connection with the sale or lease of real estate. When advertising, in addition to its business information, the broker is obliged to advertise the price, location, area, and structure of the property. The mediator may, when specifically authorized by the principal, conclude on behalf of and behalf of the principal the pre-contract or contract for the sale or lease of real estate, and the authorization issued by the principal must be in the form prescribed by law. The assignor is not obliged to enter into negotiations for concluding the mediated transaction with the person found by the mediator, nor to conclude the mediated legal transaction, and the provisions of the mediation contract otherwise agreed are null and void. In the aforementioned cases, the ordering party will be obliged to compensate the mediator for the damage, if he acted contrary to conscientiousness. The mediator is entitled to the brokerage fee paid to him by the principal, in all cases stipulated by the Law on real estate brokerage and lease of real estate and the brokerage contract, whose amount, term and manner of payment are agreed upon by the brokerage contract. The mediator is entitled to reimbursement of costs, in the cases stipulated by the Law on mediation in traffic and lease of real estate, as well as the right to the costs of additional services in connection with the job that is the subject of mediation, if it is explicitly stated in the mediation contract, regardless of the success of the mediation. The invoice for services rendered may be submitted by the mediator under the mediation contract.
II - TYPES OF MEDIATION
The mediator may be hired for real estate brokerage and leasing by the principal who may be the seller, buyer, lessor or tenant, as well as the proxies of these persons. The mediator, both in the mediation of the traffic and in the possession of the leased real estate, can mediate for both parties. The mediator and the principal may contract exclusive mediation with a contract of mediation, which contract will oblige the principal to explicitly contract an exclusive mediation clause, not to hire another mediator in the agreed period to a certain real estate. If during the validity of the said clause, the Principal concludes a legal transaction concerning a specific real estate, mediated by another mediator, he shall be obliged to pay to the mediator with whom he has contracted exclusive mediation the amount of the contracted mediation fee as a whole. The broker is obliged, in particular, in the brokerage contract, to alert the principal to the meaning and legal consequences of the exclusive brokerage clause. The mediator may perform mediation activities for the principal who wishes to remain anonymous, in which case the mediator is obliged not to disclose the identity of the principal, under the terms of the mediation contract, and at the latest by the conclusion of the pre-contract for the mediated legal transaction. The Anonymous Principal Clause is expressly contracted by a brokerage contract. The mediator may transfer his rights and obligations from the brokerage contract, in whole or in part, to another broker, if the sponsor has explicitly agreed to this in the brokerage contract. The contract on mediation is concluded with another mediator in written or electronic (by the law governing electronic commerce), contains the manner and conditions for the transfer of rights and obligations from the mediation contract, payment of the brokerage fee and termination of the contract. The mediator is obliged to submit a copy of the brokerage contract to the client within three days from the day of the conclusion of the brokerage, to the hands of the client or by registered mail to the address of the client from the brokerage contract. The mediator may assume the rights and obligations under the brokerage contract, in whole or in part, from the other broker, if the broker of the other broker has explicitly agreed to this in the brokerage contract.
III - AGREEMENT
The brokerage contract shall be concluded in writing or electronically, between the broker and the principal. The brokerage contract shall, in particular, contain the rights and obligations of the broker and the ordering party, information on the broker and the ordering party, the type and essential elements of the legal transaction for which the broker mediates, the amount of the manner and term of payment of the brokerage fee, the term of validity of the contract and the type and amount of costs and expenses additional services, if contracted. Unless otherwise agreed, the mediation contract shall be concluded with a term of one year, and upon expiration of the contracted period, the mediator and the ordering party may conclude the annexation of the mediation contract, which will conclude a new term of validity of the mediation contract, which shall be concluded in the same. forms as well as a mediation contract. The brokerage contract ceases to have legal effects beyond the deadline for which it was concluded, by concluding a legal transaction for which the broker mediated or by cancellation in writing or electronically. The cancellation of the brokerage contract need not be specifically explained, it can be directed by both the principal and the mediator. , and shall have a legal effect upon the moment of delivery to the intermediary, that is, the ordering party, delivery by hand or by registered mail to the addresses from the mediation contract, unless another deadline for the termination of the rights and obligations from the mediation contract has been agreed, and the termination of the mediation contract, respectively. the provisions of the Law on Obligations apply, in the part related to the revocation of a mediation order. If after the termination of the mediation contract based on the termination of the contracting authority, and within a period not exceeding one month from the date of termination of the contract, the principal concludes a pre-contract or a legal transaction which is a direct consequence of the mediator's mediation before the termination of the mediation contract, he is obliged to mediate pays the contracted brokerage fee as a whole, and if the contracting authority, on the same terms and within the same deadline, concludes a pre-contract or legal transaction that is largely the result of the broker's mediation before the termination of the brokerage contract, he is obliged to pay the broker a proportional brokerage fee, except unless otherwise agreed by the brokerage agreement.
IV - DESCRIPTION OF ACTIVITIES AND OBLIGATIONS OF INTERMEDIARIES
1. IV) 1. - Description of jobs and obligations of real estate brokers and real estate brokers when the broker is hired by the seller or leased
The mediator performs the following tasks and undertakes:
2. IV) 2. - Description of the affairs and obligations of the real estate broker when the broker is engaged by the buyer or tenant
- that he will endeavor to find and liaise with the originator of the person - potential buyer, that is, the tenant, to negotiate the conclusion and to conclude the contract of sale or lease of the real estate in question;
- to inspect the real estate of the principal and give him an objective opinion on the price of the real estate, ie, on the amount of the rent, per its characteristics, market conditions and other relevant circumstances, and give him an objective opinion on other conditions of sale or lease ;
- to inspect the documents proving the right of the client to own real estate and to warn the client about the possible risks related to the registration of real estate in the real estate registers, registered rights, ie burdens on real estate, the existence of pre-emptive rights and restrictions in legal transactions following with special regulations, and indicate to the contracting authority any deficiencies in the said documents;
- to take the necessary actions to present the real estate on the market for sale, that is, to lease it, appropriately (in the media, or in its business premises and other places where advertising is allowed);
- to bring potential buyers, or tenants, for real estate inspection, to enable them to inspect, to attend the inspection and to arrange the manner and time of sightseeing with the principal and the buyer or tenant;
- During the duration of the brokerage contract, he will regularly inform the client about the opportunities on the market, about the interest of potential buyers for the purchase of the real estate, ie about the interest of the tenants, about the serious offers that the buyers or tenants stand out, as well as about all other circumstances of real importance. for the realization of the work for which he mediates and which are known to him;
- to mediate in the negotiation of the principal with the potential buyer, that is, the tenant, on the purchase price, that is, the rent and other elements and conditions of the sale and/or lease, and endeavor to reach the conclusion of the pre-contract and the contract of sale and/or lease;
- to keep personal data of the principal and, based on written order of the principal, keep as confidential business information about the real estate or data related to that real estate or the purchase or lease of real estate;
- After successful completion of the negotiations, and after the orders given by the principal and the buyer, ie the tenant, at their own expense and at their choice (unless otherwise agreed), will engage a lawyer to draft the contract and contract, and to enable the principal insight into them and implementation of amendments to the pre-contract and contracts;
- to attend the conclusion of the pre-contract and the contract of sale or lease and enable the principal and the buyer, or tenant, to sign the same at his business premises;
- to attend the pre-contract and contract certification in court or at a notary public, pay the purchase price at the bank and hand over the real estate, and agree on the time, ie, time and place of execution of the said actions with the principal and the buyer or tenant;
- to keep personal data of the originator and, at the written order of the originator, to keep confidential the real estate in connection with the sale or lease of which he mediates or in connection with that real estate or in connection with the business for which he mediates;
- keep records of mediation;
- to act with the care of a good businessman;
- to provide at his / her office premises at all times during the designated working hours a person who will receive complaints from the clients, as well as complaints about the inadequacy of the service;
- send a written response within 7 days of receipt of the written complaint to the client in response to the complaint or malpractice;
- be entered in the Register of Intermediaries;
- to conclude a damage liability insurance contract.
The mediator performs the following tasks and undertakes:
- that he will endeavor to find and acquaint the client with all real estate offered on the market, for which the client is potentially interested, which are available to the intermediary for presentation to the buyer;
- to enable the principal to review the real estate selected by the principal;
- that he/she will be acquainted with all the conditions of sale, ie lease, specified by the seller or the lessor of the real estate;
- to inform the Principal of all circumstances relevant to the subject matter, which are known to him;
- to give the principal an objective opinion on the price of the real estate, ie, the amount of rent, market opportunities, and other relevant circumstances;
- to participate and mediate in the negotiations on the purchase price, ie the rent and other elements and conditions of the sale and / or lease;
- to inspect the documents proving the right of ownership of the seller, or the lessor, on the real estate which the ordering party decides to buy or lease;
- to enable the Principal to inspect the said documents immediately before the conclusion of the pre-contract or contract or earlier, if the seller agrees, and to warn the Principal of the possible risks related to the said documents, of the possible risks related to the entry of the real estate in the real estate registers, subscribed rights or burdens on real estate;
- after successful completion of the negotiations on the sale or lease of real estate, after an order given by the principal and the seller, at his own expense and his choice, will engage a lawyer to draft the pre-contract and contract, unless otherwise agreed;
- it will enable the principal to make changes and additions to the contract and the contract and to enable the principal and the seller, ie the lessor, to sign the same at his premises;
- to attend the notarization of contracts and contracts with the notary public, to pay the purchase price at the bank and the real estate transfer, and to arrange with the principal and the seller, ie the lessor, the time, ie, time and place of execution of the said actions;
- to keep personal data of the originator and, by written order of the originator, to keep confidential the real estate in connection with the sale or lease of which he mediates or in connection with that real estate or in connection with the business for which he mediates;
- keep records of mediation;
- that it will treat the good businessman's attention.
There will be no obligation for the mediator to carry out some of the aforementioned activities and activities unless the nature of the work for which he mediates requires or does not affect the validity of that work, or if the principal expressly states that the mediator is not obliged to perform those activities and actions or in other cases in who do not need to perform some of these actions.
V - INTERMEDIARY FEE
A real estate broker is entitled to a brokerage fee, which he charges from the principal in the amount and under the terms and conditions regulated by the brokerage contract. The intermediary acquires the right to the brokerage fee at the moment of concluding the legal transaction in which he mediated or at the time of concluding the pre-contract, depending on how it was contracted with the mediation contract.
The mediator cannot require the principal to pay part or all of the contracted intermediary fee in advance, respectively. before the conclusion of the pre-contract or, if so agreed by the contract of mediation, before the conclusion of the contract for which he mediated. In addition to the amount, the mediator is obliged to indicate in the brokerage contract also the method of payment of the contracted brokerage fee, and if this is not possible at the time of concluding the brokerage contract, he shall do so no later than before the contracted brokerage fee is paid. Exceptionally, the mediator may, but is not obliged, at the request of the originator, reduce the contracted brokerage fee.
An intermediary is entitled to a brokerage fee even when it did not participate in the conclusion of the pre-contract or the legal transaction in which he mediated, if he contacted the principal and the other contracting party to negotiate the conclusion and to conclude a contract of sale or lease, in the following cases:
- if the principal - the seller, or the lessor, has concluded a pre-contract or contract with the buyer, or the tenant with whom the intermediary brought him in contact, at the full amount of the agreed intermediary fee;
- if, due to the fault, responsibility or resignation of the client - seller, or lessor, after the conclusion of the pre-contract or contract, the conclusion or execution of the contract did not reach the full amount of the agreed intermediary fee;
- if the principal - the buyer or the lessee has concluded a pre-contract or contract with the seller or the lessor with whom the intermediary brought him in contact, at the full amount of the agreed intermediary fee;
- if, due to the fault, responsibility or cancellation of the customer - buyer, after the conclusion of the pre-contract or contract, the conclusion or execution of the contract did not reach the full amount of the agreed intermediary fee.
Contacting the principal with the person who will conclude the contract with him is considered to be real estate showing, giving information (address or closer location determination of real estate, data about the principal, ie, the person interested in real estate, etc.), either verbally or by publication. in the advertisements or on the mediator's website, arranging a meeting or meeting the principal and the person interested in real estate and any action taken by the mediator to negotiate and conclude the contract for which he mediates. It is considered that the connection was made also if the mediator performed all these actions with persons connected with the principal, ie persons interested in real estate, that is if the related persons conclude the legal work for which the mediator mediated. Related persons are spouses, relatives, proxies and any other persons who have received, directly or indirectly, information from the real estate agent. A related party shall also be considered a legal person or entrepreneur in which the principal, that is, a person interested in real estate, founder, agent or employee. If he mediates for both parties, the mediator shall be entitled to mediation fees from both contractors, in the amount provided for in the mediation agreements he has concluded with each of them.
The possessor shall be entitled to the full agreed contractual remuneration and in the cases referred to in the provisions of Article 27, paragraphs 5, 6 and 7 of the Law on Real Estate Brokerage, which are described in more detail in the general provisions of these General Terms and Conditions.
The mediator, ie, the mediator, is not entitled to the brokerage fee for mediation if he concludes the contract, which is the contracting party, on his behalf, as a contracting party.
VI - COSTS, COSTS OF ADDITIONAL SERVICES AND DAMAGES
An intermediary, in addition to the right to a brokerage fee, is entitled to costs if this is expressly provided for in the brokerage contract. The mediator is also entitled to the costs of additional services, for additional services that he performs for the client if they are contracted by a mediation contract or a special contract, which the mediator can charge for in advance or for the services provided. The mediator is entitled to reimbursement of expenses incurred during the mediation, and if they are not contracted by the mediation contract, if the ordering party issues a mediation order or concludes a mediation contract contrary to the principle of conscientiousness and honesty, the costs of which may not exceed the contracted mediation fee for the mediated job. The number of costs and costs of additional services, as well as the types of additional services, shall be determined for each specific service performed by the mediator for the originator and the mediation contract shall be agreed. The mediator may claim damages from the principal even if it is not contracted by the contract of mediation, in case the principal, without a justified reason, after receiving the offer he accepted, that is, after submitting the bid that was accepted, refused to conclude the pre-contract or contract. , at a predetermined amount that may not exceed the full agreed brokerage fee. The Principal shall be liable for any damage caused to the mediator by acting contrary to the obligations of the principal under these General Terms and Conditions or from the contract of mediation, at a predetermined amount that may exceed the amount of the full contracted intermediary fee.
VII - OBLIGATIONS OF THE ORDERER
When concluding a mediation contract, the client must enable the mediator to identify his identity by giving his identity documents, and in the case of a proxy, personal documents and according to positive regulations of a valid power of attorney, in form and content. The seller and the lessor, in their capacity as the principal, must conclude with the intermediary, when concluding the contract on mediation, all documents that prove the ownership of the real estate in whose turnover or lease, and is obliged to warn the intermediary of all registered and unregistered encumbrances. exist on real estate. The Principal is obliged to inform the mediator of all circumstances relevant to the mediation, to enable the broker and potential buyer or tenant to view the real estate, in the agreed manner and at the agreed time, to enable the broker to photograph, video and advertise the real estate, to clearly and unequivocally inform the realtor of all relevant real estate information, including in particular accurate information on price, location, real estate structure and SI, to provide the realtor with original or certified photocopies of all documents proving his ownership of the real estate when concluding a contract for the sale of the real estate. , and to give the intermediary the consent to hand over the same to the buyer, after fulfilling all the obligations of the buyer towards the principal and the intermediary, to clearly and unambiguously inform the intermediary of any changes in the purchase or lease of real estate, and in particular of changes in the rights to real estate, deadlines and price, all within 3 (three) from the day of the change, verbally, in writing or in electronic form, to notify the mediator of the misconduct of the other party with whom the mediator has contacted him, or, to act contrary to these General Terms and Conditions, to pay the mediator the agreed brokerage fee and the costs or costs of additional services, and to act in all respects with the principle of conscientiousness and honesty.
The client-buyer, or tenant, is obliged to sign an intermediary's watch list at each visit to the real estate provided by the realtor, confirming that they have examined the real estate in question, the day and time of the inspection, and in whose presence they have examined it. The buyer, ie the tenant, is obliged to conclude the legal transaction with the intermediary of the mediator who first showed him the real estate in question, and if the broker offers him a tour of the real estate he has already viewed, alone or with the mediation of another broker, he is obliged to inform the broker thereof.
The Principal undertakes, in particular, that he will not enter into a legal transaction with the person with whom the mediator brought him in contact, who proposed to him or to whom he proposed to conclude the legal transaction without the knowledge or the presence of the mediator and without paying the contractual intermediary fee, and that will notify the mediator of any such third party proposal.
VIII - RESPONSIBILITY OF INTERMEDIARIES
The mediator shall be liable for damage sustained by the principal due to the fault of the mediator, which fault constitutes the intent or gross negligence of the mediator. The mediator shall not be liable in the event of the conclusion of the work for which he has mediated does not occur, despite the due diligence shown by him. The mediator shall not be liable for damages if the principal acted contrary to the obligations of the principal under these General Terms and Conditions or the contract of mediation, and shall not be liable for damage caused to the principal by the other contracting party or the party with which he negotiated. The mediator is not responsible for the execution of pre-contracts and contracts for the sale and lease of real estate, is not responsible for the factual and legal defects of the real estate, for the quality and condition of the real estate, for the duration of the lease relationship and any other rights and obligations from the said contracts, or for the accuracy of the data in documents about the principal, the person with whom he or she brought him in connection with the real estate, which documents take the form of public documents.
IX - RULES ON CONSUMER PROTECTION AND COMPLAINTS PROCEDURE
The broker provides real estate brokerage and real estate brokerage services respecting the rights of the clients. The intermediary may not discriminate on any grounds in connection with the Law on Consumer Protection (Official Gazette of RS No. 62/2014).
They may file a complaint in writing directly at the intermediary's business premises or by registered mail if they are not satisfied with the service provided. Upon receipt of the complaint, the relevant facts regarding the subject matter of the complaint will be determined. The director or the person he/she authorizes decides based on the complaint or complaint. The deadline for resolving a complaint/complaint is 7 days from the day of receipt. The decision accepts the complaint/complaint in whole or in part or dismisses it as unfounded, explaining the reasons for the said decision. If the complaint is well-founded, the decision must also specify the measures that will be taken to eliminate the identified irregularities, that is, the violation of consumer rights. If the principal is not satisfied with the decision on the complaint, he may file an appeal to the competent ministry.
X - FINAL PROVISIONS
These General Terms and Conditions shall enter into force on the day of their adoption, and may change in the event of changes in the positive regulations governing the mediation of the Law on Real Estate Brokering and Leasing. These General Terms and Conditions shall apply to the contractual relationship between the intermediary and the principal, at the time of concluding the contract of mediation and shall be binding on the same as the contract of mediation.
Anything that is not contracted by the brokerage agreement is subject to the provisions of these General Conditions. In case of disagreement with the provisions of these General Terms and Conditions and the Mediation Agreement, the provisions of the Mediation Agreement shall apply.
Best Real Estae d.o.o.