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INTRODUCTION

1.          GENERAL PROVISIONS

  • These Terms and Conditions govern the legal relationship between the Real estate company and the client for providing brokerage in real estate
  • These Terms and Conditions are an integral part of each brokerage contract concluded by the Real estate company with the
  • If the brokerage contract contains rules, which are in conflict with these Terms and Conditions, the special rules of the brokerage contract

2.          DEFINITION OF TERMS

The terms used in these Terms and Conditions, shall mean:

  • The real estate broker is a natural person, who carries out brokering for the Real estate company on the basis of an employment contract or other legal basis and the license acquired by the competent ministry for the provision of brokerage, and is entered in the real estate brokers directory at the competent ministry.
  • The client is a natural or legal person concluding a brokerage contract with the Real estate company, and for which the Real estate company provides services of brokerage in real estate transactions.
  • The third person is a person who the Real estate company is trying to get in touch with the client, in order to negotiate among themselves the conclusion of the real estate
  • The client’s immediate family members are the client’s spouse or the person with whom the client is cohabiting, in accordance with the regulations on marriage and family relations, as well as their children or adoptees, adoptive parents, and persons he is legally obliged to
  • The brokerage contract is a written contract between the Real estate company and the client, and with which the Real estate company undertakes to find a third person and get in touch with the client who in order to negotiate among themselves the conclusion of the Real estate contract, which is the subject of brokerage, while the client undertakes to pay the Real estate company compensation for brokerage services, if the real estate contract shall be
  • The real estate contract is a contract of sale, rental, lease or other method of disposal with the real estate, negotiation of which is the subject of the brokerage
  • The real estate signifies the real estate, brokerage in the sale, rental, leasing or some other means of managing the real estate, which is the subject of the brokerage
  • The commission is a compensation payment to which the Real estate company is entitled for the brokerage services

3.          BROKERAGE SERVICES

  • The real estate company provides brokerage services for the conclusion of the following real estate contracts:
    • the contract of sale or purchase of real estate,
    • the contract of hire or lease, and
    • other contracts, the subject of which is any other form of disposal with real

The fundamental obligation of the Real estate company in the course of brokerage is to undertake to find and get a third person in contact with the client in order to negotiate among themselves the conclusion of the contract, which is the subject of brokerage.

  • Brokerage services described in section 3.1 include the following activities carried out by the Real estate company on behalf of the client, if and to the extent necessary depending on the type of the real estate contract that is subject to brokerage, the characteristics of the real estate and other circumstances:
    1. acceptance of brokerage order;
    2. identifying the client with access to the personal documents and public records;
    3. obtaining contact information about the client for the purpose of placing him in contact with the third party (personal name / company name, address / head office, phone, fax, email, etc);
    4. obtaining personal data and identification data of the client or a third party for the preparation of contract recording the subject of which is the real estate (personal name / company name, address / seat, personal identification number / registration number, tax number, personal account or transaction account number);
    5. preparing the brokerage contract on real estate transactions by setting the scope of the brokerage services, the proposal of the amount of the brokerage commission, payment terms and other components in accordance with the law governing real estate brokerage;
    6. explanation of the market conditions, relevant to the determination of the price of real estate or rental to the client and the third party;
    7. informing the client and the third party on the content of the regulations, which are important for a valid conclusion of the Real estate contract;
    8. informing the client and the third party about the amount and type of tax liabilities, the potential costs of notarial tasks, the cost of land registration and any other expenses in connection with the conclusion or fulfillment of the Real estate contract;
    9. determining the actual condition of the real estate by carefully examining the real estate;
    10. determining the legal status of the real estate on the basis of information from official records and public books (in particular the land registry, land cadaster, building cadaster or, if the real estate is not registered in the land registry on the basis of documents which show the existence of property rights, other rights in rem and obligation rights, and other legal facts);
    11. informing the client and third parties about manifest factual errors and errors of law identified in the examination of the factual and legal conditions of the real estate;
    12. informing the client and the third party on the risks arising from unregulated legal status of the real estate, in particular the rights that restrict the ownership of the real estate, or regulatory restrictions
    13. the preparation of appropriate advertising strategies and the implementation of the usual advertising of the real estate;
    14. acquainting the third party with the real estate and the key characteristics of the real estate, arranging and conducting tours, organizing meetings between the client and the third party, providing the contact details, identified in thebrokerage contract by the individual provided to whom the data relate, to the third party and the client, where both show a serious interest in the negotiation for concluding the Real estate contract, which is the subject of the brokerage;
      • real-time and updated telephone, written and online communication with the client and third parties, and prompt informing of the client in respect of brokerage services rendered in real estate transactions;
      • participation in the negotiation of the Real estate contract, which is subject to the brokerage;
      • representation in tax proceedings for the tax assessment of the tax on real estate transactions, if the Real estate company is authorized by the client or the third party for such presentation;
      • organization of notarial authentication of the signature on the document, which contains the vendor’s land register permission, issued on the basis of the Real estate

      3.3. The commission also includes compensation for the operations referred to in Section 3.2 of these Terms and Conditions, apart from the costs referred to in Section 6.1 of these Terms and Conditions.

      4.          UNFAIR PRACTICES OF THE CLIENT

      10.1 The client shall reimburse the Real estate company for all damage incurred as a result of client’s breach of contractual obligations.

      • As a serious breach of brokerage contract shall be deemed the following actions of the client:
        • the client prevents the Real estate company without compelling reasons to carry out guided tours of the real estate;
        • the client violates the agreement on exclusive brokerage contract in the case mentioned in Section 9.6 of these Terms and Conditions;
        • the client alone or with other real estate companies, markets the real estate under more favorable terms than those agreed in the brokerage contract;
        • the client does not inform or does not inform in time the Real estate company about the conclusion of the Real estate contract or preliminary contract with the third party which he finds himself or through other agencies;
        • the client, contrary to good faith and honesty, does not accede to the negotiation for concluding a contract, or without good reason refuses to conclude a contract, the subject of which is the real estate, with the third party, with which he was brought into contact by the Real estate company;
        • The client passes on the information and data which are confidential and are considered as a business

      5.          RIGHT TO OBTAIN INFORMATION

      • If the client withdraws from the brokerage contract or if the brokerage contract is terminated due to the passage of time, the Real estate company is entitled to make inquiries, if the client or his close family members after the termination of the brokerage contract concluded a Real estate contract with a third party with which they were brought into contact by the Real estate

      6.          THE OBLIGATIONS UNDER THE LAW ON PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING

      • The Real estate company, in accordance with the Law on prevention of money laundering and terrorist financing in the conclusion of business relationships and transactions over the statutory amount, as well as in other cases stipulated by the regulations, is required to carry out due diligence inspection of the client (the client or the third party), which includes:
        • identifying and verifying the identity of the client;
        • determining the actual owner of the client, if the customer is a legal person;
        • obtaining information on the purpose and intended nature of the business relationship or transaction, and other data pursuant to the law;
        • regular and diligent monitoring of business activities carried out by the client through the Real estate
      • The Real estate company shall, in order to fulfill its obligations under Section 12.1 of these Terms and Conditions, obtain and verify (including the disclosure of the identity document) the following personal data the client or his representative:
        • personal name
        • address of permanent or temporary residence,
        • date and place of birth,
        • tax identification number, and
        • the number, type and name of the issuer of the official identity

      7.          PROTECTION, PROCESSING AND USE OF PERSONAL AND CONFIDENTIAL DATA

      • All information and data acquired by the client from the Real estate company are confidential and are subject to professional secrecy, except for information and data that are publicly
      • Due to fulfillment of obligations under the brokerage contract and the obligations from Section 12.1 of these Terms and Conditions, the Real estate company is entitled to, in accordance with the regulations governing the identity card and travel documents, access and copy the data of the identity document (personal name, address of permanent or temporary residence, date and place of birth, tax number, personal identification number and the number, type and name of the issuer of the official identity document).
      • If demanded by the nature of each transaction (for example, authentication of the signature of the client or the third party), the Real estate company is entitled, on the basis of written consent of the holder from which the predetermined purpose is visible, to photocopy the identity document of the holder. The Real estate company shall indicate on the photocopy of the document:
        • that it is a photocopy,
        • its name,
        • expressly stated purpose of photocopying,
        • the legal basis for photocopying – clearly visible written consent of the holder of the identity
      • The Real estate company undertakes not to continue copying the identity document of the client or the third party. The Real estate company is not allowed to keep a copy of the identity document in electronic
      • The Real estate company is committed to protect all personal information in accordance with the rules on personal data protection. Personal data will be used only for the purpose of the establishment, implementation, modification and termination of the brokerage contract and the Real estate contract. For any use of personal data for other purposes, the Real estate company shall previously obtain a written consent of the client.

      8.          DURATION AND TERMINATION OF THE CONTRACT

      • The brokerage contract is concluded for a fixed period of nine months, unless the parties agree to a shorter
      • After the expiry of the period referred to in the preceding Section the parties may conclude a new brokerage
      • Contract terminates:
        • with the expiry of the period for which it was concluded,
        • upon withdrawal from the brokerage contract,
        • upon fulfillment of the brokerage contract, and
        • in other cases provided by
      • Any party may at any time withdraw from the brokerage contract, if it is not contrary to good faith and honesty. The other party shall be informed about the cancellation:
        • by registered mail to the address of the party, stated in the brokerage contract, or
        • electronically via e-mail to the e-mail address of the party indicated in the brokerage

      9.          VALIDITY AND PUBLICATION OF THE GENERAL CONDITIONS

      • General terms and conditions shall apply from the 31st of March 2018

      They are published in the premises of the Real estate company and on its website:www.beckfordrealtors.com