Client: Party closing a brokerage contract with the Real Estate Company.
Brokerage contract: Contract with which the Real Estate Company is binding itself to try to find (and connect to the client) a person with which the client will negotiate closing a sale or lease contract for a specific property while the client obliges itself to pay commission to the Real Estate Company if the contract is closed.



1.    TYPE OF SERVICE

PROAGENT NOVA GORICA d.o.o. performs the following property brokerage operations for the client:  

1.     Brokerage upon buying and selling property
2.     Brokerage upon renting and leasing property
3.     Execution of procedures regarding land registration

1.1 Brokerage upon buying and selling of buildings, business premises and lands includes the following services:

• Preparation and closing of property brokerage contract,
• Informing the client and third party with market relations relevant for the determination of property prices, with regulations relevant for closing a valid property brokerage contract, with the amount of the tax liabilities of the client and with prices of notary services,
• Assessment of legal condition of the property by acquiring property documents (copy of land registration), assessment of legal condition of the contracts if property has not yet been registered,
• Written warnings, notices, receipts,
• Property inspection after closing of property brokerage contract,
• Advertising of buying and selling of property in the media up to the maximal agreed amount.
• Informing the client about property and connecting client with a third party.
• Client's presence upon inspection of the property,
• Assessment of actual condition of property,
• Informing the client about the assessed legal and actual condition of property and reliable pointing out of the assessed mistakes,
• When the subject of the contract is brokerage upon buying or selling of land, the Real Estate Company must check the land use category as provided in spatial arrangement acts – planning information,
• Telephone communication with the clients,
• Participation upon negotiations for closing the deal.

The client empowers the Real Estate Company with explicit authorization for keeping of original documents until the closing of the deal, preparation of the acceptance records and presence during the handover.


1.2 Brokerage upon renting and leasing of property includes the following services:

• Preparation and closing of property brokerage contract,
  
• Informing the client and third party about market relations relevant for the determination of property rent or lease prices and with the amount of the possible tax liability of the client.
• Assessment of legal condition of the property by acquiring property documents (copy of land registration), assessment of legal condition of the contracts if property has not yet been registered,
• Written warnings, notices, receipts,
• Property inspection after closing of property brokerage contract,
• Advertising of renting and leasing of property in the media up to the maximal agreed amount.
• Informing the client about property and connecting client with a third party.
• Client's presence upon inspection of the property,
• Assessment of actual condition of property,
• Informing the client about the assessed legal and actual condition of property and reliable pointing out of the assessed mistakes,
• When the subject of the contract is brokerage upon renting or leasing of land, the Real Estate Company must check the land use category as provided in spatial arrangement acts – planning information,
  
• Telephone communication with the clients,
• Participation upon negotiations for closing the deal.

Real Estate Company will check the legal and actual condition of the property for which it has brokerage before the closing of the contract. Contractual parties will be warned about the possible or actual property flaws in written.

Real Estate Company is insured for liability towards client or third party for damage occurred by violation of the brokerage contract, namely this liability is insured at insurance company Triglav d.d. Nova Gorica in the amount of 333,834.08 EUR for all insurance cases within individual year.


2.    PROTECTION OF CLIENT’S INTERESTS

Company will inform the client about circumstances important for his decision to do business when performing property brokerage, namely with:

1. Market situations important for determination of price in sale contract,
2. Market situations important for determination of price in lease contract,
3. With regulations important for valid closing of sale or lease contract,
4. With amount and type of tax liability of the client,
5. With the amount of notary expenses,
6. With the amount of the land registration expenses and possible other expenses connected with closing the contract,
7. With possible risks regarding unsettled land registration of property, with registered rights in ram or other rights of third persons on property or other unsettled legal relations.

 

3.    OBLIGATIONS OF THE CLIENT

Client must inform the Real Estate Company about all the circumstances important for the performing of the brokerage service.

Client is obliged to provide the company with all needed documentation in his possession regarding the property which is the subject of the brokerage contract.

Client is obliged to inform the company about all legal and actual flaws of the property he is acquainted with upon closing of the brokerage contract.

Client is obliged to participate at inspection of the property.


4.    RIGHT TO PAYMENT AND PRICE

Real Estate Company gains the right to get paid when the contract which was brokeraged is closed.

In case of brokerage upon selling or buying of a property the Real Estate Company has the right to 4% + 20% VAT of contractual value commission. With brokerage for both parties (buyer and seller) the Real Estate Company has the right to request payment of the commission from both, in the amount of 2% + 20% VAT of the contractual value.The lowest amount of commission is 400,00 EUR + 20% DDV.

When the amount of the realized legal business with property brokerage is up to 10,000.00 EUR or in equivalent of 2,396,400.00 SIT the contractual parties agree the amount of the payment with a contract. 
 
In case of brokerage upon renting or leasing of a property the Real Estate Company has the right to commission in the amount of one month’s rent + 20 % VAT which the client is obliged to pay.

Real Estate Company is entitled to brokerage payment even if contractual parties later revoke the closed contract.

Real Estate Company is entitled to payment even in case when the client or his close relative closes contract with a third party (initially introduced by the property agent) regarding the brokeraged property, if this contract was closed within 6 months after the termination of brokerage contract.

Real Estate Company is entitled to brokerage payment even in case when the client himself finds a third party to close the contract being subject to brokerage. Brokerage payment in such a case must be based on the basis of the already performed business and must not surpass one fourth of the contractually agreed brokerage payment. If the third party is client’s close relative the client is obliged to pay the entire contractually agreed brokerage payment. 

Real Estate Company is not entitled to brokerage payment if itself, as a contractual party, closes the contract with the client being brokeraged or if such contract is closed by the estate agent who performed brokerage for the Real Estate Company.


5.    ADDITIONAL SERVICES

Execution of land registration of property in storey ownership: 85.00 EUR + 20% VAT.

Execution of land registration for allotment, land, individual building: 65,00 EUR + 20% DDV.

Preparation of property sale or lease contract: 210,00 EUR + 20% DDV.



6.    VALIDITY OF GENERAL TERMS AND CONDITIONS

These general terms and conditions are a part of each brokerage contract that the Real Estate Company closes with the client. If the brokerage contract includes provisions in the contrary to these general terms and conditions, the provisions of the contract are in force.