General business conditions
1. The broker undertakes to find and establish contact between the client in order to negotiate and conclude a specific legal transaction with regard to transferring or establishing a certain right over the real property, and the client undertakes to pay the broker the agency fee if the legal transaction is concluded for the real property that is the subject of the broker’s activity.
2. The broker agrees to familiarise the client with the average market price of the real property.
3. The broker undertakes to review the documents proving ownership or other real right over the real property subject to brokerage and warn the client of the following:
- obvious deficiencies and potential risks related to the unregulated status of the real property with regard to the land register,
- registered real rights or other rights of third parties over the real property,
- legal consequences of failure to meet the obligations towards the third party,
- deficiencies of the building and the occupancy permit pursuant to a special act,
- circumstances with regard to the obligation for applying the pre-emption right and restrictions in the legal transaction pursuant to special regulations
4. The broker undertakes to perform necessary actions to present the real property on the market, advertise the real property in the appropriate manner and perform all other actions agreed by the real property brokerage agreement that exceed the usual presentation, and for which they are entitled to special, pre-reported expenses.
5. The broker undertakes to provide an inspection of the real property, to mediate in the negotiations and try to reach agreement if they specifically undertook to perform the aforementioned.
6. The broker undertakes to treat as confidential information the personal information of the client, and at the written order of the client, the information on the real property for which they are performing the brokerage or in connection with the real property or the transaction for which they perform the brokerage.
7. If the subject of the agreement is land, check the purpose of the aforementioned land pursuant to the regulations on spatial planning applying to the land.
8. The broker undertakes to inform the client of all circumstances relevant to the intended business known to them, or that must be known to them.
9. The broker may, as an exception, in the name and on behalf of the client, conclude a brokerage agreement only if the client issued a special power of attorney for the aforementioned.
10. The client undertakes to inform the broker of all circumstances of significance to the performance of brokerage and present accurate data on the real property, as well as provide the broker with the location, building or occupancy permit for the real property that is the subject of the brokerage, and make available to the broker evidence of fulfilling obligations towards the third party. The client undertakes to provide the broker with the documents confirming the ownership of the real property, i.e. another real right over real property, which is the subject of this agreement and warn the broker of any registered and unregistered encumbrances on the real property.
11. The broker may terminate the brokerage agreement with the client if the client fails to provide them with all the information on the real property subject to brokerage.
12. The brokerage fee amounts to 3% (three percent) plus VAT of the purchase price for the seller and 3% (three percent) plus VAT of the purchase price for the buyer.
13. If a sale and purchase agreement for the real property subject to brokerage by the broker is concluded without the knowledge of the broker between the client and the person with whom the broker established contact, then the client shall pay the broker double the amount of the brokerage fee.
14. The client undertakes to pay the fee at the time of signing the sale and purchase agreement for the real property subject to brokerage. In case that a preliminary agreement is concluded for the real property subject to brokerage, the client undertakes to pay the agency fee at the time of concluding the preliminary agreement.
15. For untimely payment of brokerage fees, a penalty interest is calculated.
16. The client undertakes to inform the broker in writing of changes in the price, state, ownership, registered and unregistered rights to the real property subject to brokerage at a time of the subject change occuring. The client is liable for the damages if they failed to inform the broker of the changes in the real property subject to brokerage at the time of the change occuring.
17. The broker agrees to enter into Brokerage Agreements with sellers for a definite period.
18. The parties shall agree on a possible extension of the agreement after its expiration, if needed.
19. The client may terminate the Brokerage Agreement at any time. The agreement termination shall be made in writing.
20. If within a period not longer than the duration of the Brokerage Agreement after the termination of the subject Agreement the client enters into a legal transaction regarding the real property subject to brokerage, which is mainly the result of the broker's activity prior to the termination of the Agreement, they shall pay the broker the agency fee in full.