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General conditions

General conditions for arranging the sale, lease and purchase of real estate approved by the Real Estate Union of the Slovak Republic

These conditions are in accordance with Directive of the European Parliament of the Council no. 2011/83 / UÚ of 25 October 2011 on consumer rights, with the legislation of the Slovak Republic and the highest standards of fair mediation of sale, lease and purchase of real estate.

Article I.

GENERAL PROVISIONS

1.1. These General Terms and Conditions of Mediation (hereinafter referred to as the “Terms and Conditions” or hereinafter referred to as the “VPS”) govern the rights and obligations of the Broker and the Applicant in connection with brokering the purchase, sale, lease or rental of real estate arising from the concluded Mediation Agreement (hereinafter referred to as the “Agreement”) which part of the content is determined by reference to these Terms. These Terms and Conditions are an integral part of the Agreement, the provisions of these Terms and Conditions and applicable law. The provisions of the Agreement take precedence over the provisions of these Terms.

1.2. Legal relations regulated by these Conditions are regulated by the relevant provisions of Act no. 40/1964 Coll. Of the Civil Code as amended.

Article II.

INTERPRETATION OF TERMS

2.1. The capitalized terms used in this Article shall have the meanings ascribed to them in these Terms or in other documents to which these Terms apply, unless otherwise stated in these Terms or in other documents.

Agreement - Intermediation Agreement (intermediation agreement), on the basis of which the Intermediary undertakes to procure for the Commission for commission the conclusion of an Agreement on the transfer of ownership of the Real Estate or Lease Agreement to Real Estate with a third party and the Interested Party undertakes to pay a commission if the result .

Lease agreement - an agreement under which the lessor leaves the property or part of it for use to a third party (tenant) for an agreed fee (rent). A Lease Agreement or any other agreement by which the Interested Party leaves the Real Estate to a third party for temporary use is also considered a Lease Agreement.

Real estate - real estate determined (or characterized by type) in point (B) of the Agreement.

Non-exclusive mediation - a form of mediation in which the Candidate is entitled to enter into a brokerage agreement with persons other than the Intermediary or to secure the conclusion of the Agreement itself on its own. For non-exclusive mediation, the provisions of 7.3. and point 10.4. these Terms do not apply.

Flat-rate reimbursement of expenses - flat-rate compensation, which represents all expenses incurred by the Intermediary in connection with the fulfillment of obligations arising from the Agreement. The flat-rate reimbursement of expenses mainly represents expenses for advertising and professional assistance provided, including legal assistance provided by a law firm. Unless the Parties agree otherwise, the flat-rate reimbursement of expenses shall be in the amount of eighty percent of the value of the Intermediary's commission, which is determined in point (C) of the Agreement. The Parties declare that the Flat-rate Reimbursement of expenses thus determined is sufficient and appropriate.

Mediator - a party to the Mediation Agreement, which is also identified in the Agreement.

Party (in the plural of the Party) - contracting parties (parties) to the Agreement, i. Intermediary and / or Applicant.

Serious reason - such a reason on the part of the Contracting Party, which for objective reasons results in a direct impossibility of fulfilling the obligation specified in the Agreement or the Conditions. Serious reasons include war, state of war, state of emergency, state of emergency, hospitalization of the Party for more than ten days, serious injury to the Party, death of a Party's relative in the line, sibling, spouse, partner. Serious reasons do not include such reasons about which the Party knew or could have assumed the Serious reason or its consequences before the conclusion of the Agreement.

Exclusive mediation - a form of mediation agreed for a definite period of time, during which, at the will of the Applicant, the only person authorized to mediate the sale of the Real Estate is the Intermediary, as stipulated in the Mediation Agreement. Unless the Parties agree otherwise, in the case of exclusive mediation, the Applicant is not entitled to secure the conclusion of the Contract through a third party (eg another intermediary) or on its own. The provisions of point 7.3. and point 10.4. of these Terms and Conditions are effective and binding on both Parties to the Agreement only for the duration of the exclusive mediation.

Applicant - a party to the Mediation Agreement, which is also identified in the Agreement.

Agreement - an Agreement on the transfer of ownership of the Real Estate or a Lease Agreement for the Real Estate between the Applicant and a third party.

Real Estate Ownership Transfer Agreement - any contract for consideration or free of charge that results in the transfer of ownership of the Real Estate or the transfer of a business interest or ownership interest in a company that owns the Real Estate.
 
 
 
Article III.

GENERAL OBLIGATIONS OF THE INTERMEDIARY

3.1. The Intermediary undertakes to procure for the Candidate for commission the conclusion of the Contract in accordance with the conditions set out in the Agreement.

3.2. The mediator is obliged to proceed with professional care and in accordance with the legal regulations of the Slovak Republic.

3.3 The Intermediary is obliged to notify the Candidate without undue delay of all important facts related to the mediation, in particular facts that may affect the Candidate's decision to enter into the Contract.

3.4. The scope of services provided by the Intermediary to the Applicant is specified in point (E) of the Agreement.


Article IV.

OBLIGATIONS OF THE INTERMEDIARY

When arranging the sale or rental of real estate

4.1. The Intermediary is obliged to actively search for third parties who are interested in concluding a Contract with the Applicant.

4.2. In order to search for third parties who are interested in concluding an Agreement with the Applicant, the Intermediary is obliged to publish the Real Estate offer of electronic and / or printed advertising media. The choice of advertising media is determined by the Broker. The Intermediary is also obliged to promote the Real Estate in other ways agreed with the Applicant.

4.3. The Parties agree that in the case of an offer of Real Estate for sale, the Real Estate will be offered to the Intermediary Real Estate at the required price, plus the Intermediary's commission, as set out in point (C) para. 1) Agreements and in the case of an offer of Real Estate for rent, the Intermediary will offer the Real Estate at the Applicant's required price (monthly rent recalculating the Applicant's required energy price, as stated in point (C) paragraph 2) of the Agreement.

4.4 In the case of taking over the keys from the Real Estate, the Intermediary undertakes:

a) carefully care for and protect the keys from loss, damage, theft or destruction,

b) when visiting the Real Estate, take care of the order and peace in the Real Estate,

c) visit the Real Estate only in connection with the performance of activities under the Agreement, and is obliged to ensure that during the visit / inspection no damage to the real estate and / or property of the Applicant in this Real Estate,

d) on departure Carefully lock the property and secure it against unauthorized interference.

4.5 The acceptance of the keys will be confirmed by the Parties in the acceptance protocol.
 
 
Article V.

OBLIGATIONS OF THE INTERMEDIARY

when arranging the purchase or rental of Real Estate

5.1. The Intermediary is obliged to actively search for third parties - the owners of the Real Estate, who are interested in concluding a Contract with the Applicant.

5.2. The mediator is obliged to proceed with professional care and in accordance with the legal regulations of the Slovak Republic.

5.3. The Parties agree that in case of interest in the purchase of the Real Estate, the Intermediary will search for the Real Estate at the Applicant's requested price, as stated in point (C) para. 1) Agreements and in case of interest in renting the Real Estate, the Intermediary will search for the Real Estate at the Applicant's required price of the (monthly) rent, including the price of energy, as stated in point (C) par. 2) Agreements.
 

Article VI.

GENERAL OBLIGATIONS OF THE INTERESTED PARTY

6.1. The Applicant undertakes to pay a commission to the Intermediary if the Contract has been concluded with the intermediary, as follows from the Agreement.

6.2. The Candidate is obliged to notify the Intermediary without undue delay of all important facts related to the mediation, in particular facts that may affect the Candidate's decision to conclude the Contract.

6.3. The Applicant is obliged to provide the Intermediary with the necessary cooperation to achieve the result of the Agreement.

6.4. At the request of the Intermediary, the Candidate is obliged to submit to the Intermediary all documents and documents that the Intermediary needs to fulfill the subject of the Agreement.
 
 
Article VII.

OBLIGATIONS OF THE INTERESTED PARTY

in arranging the sale or rental of Real Estate

7.1. The Applicant is obliged to make the Real Estate available to third parties who have expressed an interest in a personal inspection of the Real Estate. At the same time, the Candidate is obliged to submit to the Intermediary upon request all documents from which the Candidate's right to dispose of the Real Estate follows.

7.2. The Applicant is obliged to allow access to the Real Estate for persons acting on behalf of the Intermediary (hereinafter referred to as the “Broker”), forensic experts and other professionally qualified persons and allow them to perform all actions necessary to obtain detailed information about the Real Estate.

7.3. If exclusive mediation has been agreed by the Parties, the Applicant undertakes not to enter into a mediation contract, a brokerage contract, a contract for the sale of goods or any other similar contract, the subject of which would be to mediate the transfer of ownership of the Real Estate or lease of Real Estate. Otherwise, the Applicant undertakes to pay the Intermediary the Flat-rate Reimbursement of Expenses, which is calculated from the amount of the commission specified in point (C) para. 1) Agreements entitled “Financial Conditions in the case of SALE of Real Estate”, in the column “Intermediary Commission”, provided that the sale of the Real Estate is the subject of intermediation, or reimburse the Intermediary Flat-rate compensation calculated from the commission amount specified in point (C) para. . 2) Agreements entitled "Financial conditions in the case of RENTAL OF REAL ESTATE", in the column "Intermediary Commission", provided that the subject of the intermediation is the lease of Real Estate. The Parties declare that the amount of the Flat-rate Reimbursement of Expenses is appropriate in view of the increased expenses and the activity of the Intermediary in the exclusive mediation, as the Intermediary incurs significantly higher expenses for advertising and related services in the case of the exclusive mediation.

7.4. Flat-rate reimbursement of expenses determined in point 7.3. is payable to the account of the Intermediary no later than within 10 from the delivery of the invitation addressed to the Applicant.

7.5. If the Intermediary inspects the real estate with a third party who was previously introduced to the Interested Party (eg another intermediary), the Interested Party is obliged to inform the Intermediary in writing (eg on the inspection report), without delay, at the latest at the first inspection of a third party. with the Intermediary, otherwise it applies that the third party is unknown to the Applicant.

 
Article VIII.

OBLIGATIONS OF THE INTERESTED PARTY

when arranging the purchase or lease of Real Estate

8.1. If the Intermediary inspects the Property with the Applicant, which was previously presented to the Applicant by another person (eg another intermediary), the Applicant is obliged to inform the Intermediary in writing (eg on the inspection report), without delay, at the latest on the first inspection with The intermediary, otherwise the Property is unknown to the Applicant.
 
 
Article IX

GENERAL PROVISIONS ON THE COMMISSION

9.1. The Intermediary is entitled to a commission on the day of signing the Contract.

9.2. The commission is payable upon signing the Contract.

9.3. Any reciprocal financial claims that may arise between the Parties may be clearly offset.

9.4. The commission is paid by non-cash payment system or in cash. The Applicant is entitled to pay the commission in cash only to the authorized person of the Intermediary.

9.5. The Intermediary is entitled to a commission even if the Agreement was signed after the expiry of the Agreement, if the Agreement was concluded in connection with the activities of the Intermediary.

9.6. The Intermediary is entitled to a flat-rate reimbursement of expenses if the Interested Party, despite the expressed interest and preliminary (for example oral) consent to conclude the Contract, finally refused to enter into the Contract or future Contract on transfer of ownership of the Real Estate (pretended interest to sell or buy real estate).

9.7. Flat-rate reimbursement of expenses determined in point 9.6. is payable to the account of the Intermediary no later than within 10 days from the delivery of the invitation addressed to the Applicant.
 

Article X.

commission in arranging the sale or rental of Real Estate

10.1. If the subject of mediation is the sale of Real Estate, the amount of the Broker's commission is determined in point (C) para. 1) Agreements in the section entitled "Financial conditions in case of SALE of Real Estate", section "Intermediary Commission". If the subject of the mediation is the rental of Real Estate, the amount of the Broker's commission is determined in point (C) para. 2) Agreements in the section entitled "Financial conditions in case of RENTAL OF REAL ESTATE", section "Intermediary Commission". The parties declare that this way of arranging the brokerage commission is sufficiently clear and certain.

10.2. If there is a reduction in the price requested by the Candidate for the sale of Real Estate below the amount specified in point (C) para. 1) of the Agreement (in the section “Price requested by the Candidate”), the Mediation's right to commission remains, in the amount as specified in point (C) para. 1) Agreements in the section “Intermediary Commission”, unless the Parties have agreed otherwise. If there is a reduction in the price required by the Candidate for renting the Real Estate below the amount specified in point (C) para. 2) of the Agreement (in the section “Required price of rent”), the Intermediary's right to commission remains, in the amount specified in point (C) para. 2) Agreements in the section “Intermediary Commission”, unless the Parties have agreed otherwise.

10.3. The Intermediary is entitled to a commission even if the Interested Party enters into the Contract without further cooperation of the Intermediary with a third party designated by the Intermediary as a person suitable for concluding such a Contract (eg by inspecting the Real Estate with this person). The Intermediary is entitled to commission also in the event that the Candidate enters into an Agreement with a person who is connected in property or personnel with a person designated by the Intermediary as a person suitable for concluding such an Agreement. The Intermediary is entitled to a commission even if the Candidate enters into an Agreement with a person who is close to the person designated by the Intermediary as a person suitable for concluding such an Agreement.

10.4. In the event that point (D) of the Agreement indicates exclusive mediation in the sale of Real Estate and the Applicant enters into the Property Contract without any connection to the Broker's activity during effective exclusive mediation under point (D) of the Agreement, or if the Applicant refuses to enter into the Agreement with by a third party, the Applicant undertakes to pay the Intermediary the Flat-rate Reimbursement of Expenses, which is calculated from the amount of the commission specified in point (C) para. 1) Agreements entitled "Financial Conditions in the Case of a SALE of Real Estate", in the column "Intermediary Commission". In the event that point (D) of the Agreement indicates exclusive mediation in the lease of Real Estate and the Applicant enters into a Lease Agreement or similar agreement for Real Estate without any connection with the activities of the Intermediary during the effective mediation under point (D) of the Agreement, the Applicant undertakes to pay A flat-rate reimbursement of expenses, calculated on the amount of the commission determined in point (C) 2) Agreements in the section "Financial conditions in case of RENTAL of Real Estate" in the column "Intermediary Commission". The Parties declare that the amount of the Flat-rate Reimbursement of Expenses is appropriate in view of the increased expenses and the activity of the Intermediary in the exclusive mediation.

10.5. Flat-rate reimbursement of expenses determined in point 10.4. is payable to the account of the Intermediary no later than within 10 days from the delivery of the invitation addressed to the Applicant.


 
Article XI.

commission in arranging the sale or lease of Real Estate

11.1. If the subject of mediation is the purchase of Real Estate, the amount of the Broker's commission is determined in point (C) para. 1) Agreements in the section entitled "Financial conditions in the case of the Purchase of Real Estate", section "Intermediary Commission". If the subject of the mediation is the lease of Real Estate, the amount of the Broker's commission is determined in point (C) para. 2) Agreements in the section entitled "Financial conditions in the case of Lease of Real Estate", section "Intermediary Commission". The parties declare that this way of arranging the brokerage commission is sufficiently clear and certain.

11.2. The Intermediary is entitled to commission even if the Interested Party enters into the Contract without further cooperation of the Intermediary with a third party designated by the Intermediary as a person suitable for concluding such an Agreement (eg by inspecting the Property owned by this person). The Intermediary is entitled to commission also in the event that the Candidate enters into an Agreement with a person who is connected in property or personnel with a person designated by the Intermediary as a person suitable for concluding such an Agreement. The Intermediary is entitled to a commission even if the Candidate enters into an Agreement with a person who is close to the person designated by the Intermediary as a person suitable for concluding such an Agreement.

11.3. In the case of brokering the purchase or lease of Real Estate, the right to commission to the Broker remains even if the Candidate concludes a Contract for such Real Estate, which was presented to him by the Broker, although its parameters are different from those stated by the Candidate as required no. 1 of the Agreement.

11.4. The Intermediary is entitled to request an advance from the Interested Party at the conclusion of the Agreement to pay a lump sum reimbursement of expenses or commissions.


Article XII

DELIVERY AND COMMUNICATION

12.1. Documents shall be delivered to the other Party at the address specified in the Agreement, or to another address that this Party has expressly stated as the address for service. The day of delivery of a document is considered to be the day when the addressee received the document or the day when the addressee refused to accept the document or the day when the document was returned to the sender as undelivered.
12.2. Communication between the Parties takes place preferably by e-mail (to the addresses specified in the agreement) or by telephone. The consent expressed by the other Party in the e-mail is considered to be an amendment or amendment to the Agreement. An e-mail message is considered delivered the day after it is sent, unless an earlier delivery date is proven.
12.3. The notice cannot be delivered by electronic means of communication.
 
Article XIII

TERMINATION OF THE AGREEMENT

13.1. The agreement terminates by fulfilling its subject, by agreement of the parties, by written notice, or Termination of the Intermediary without a legal successor.

13.2. In the event that the Parties to the Agreement have agreed on non-exclusive mediation, each of the parties to the Agreement is entitled to terminate the Agreement at any time in writing.

13.3. In the event that the Parties to the Agreement have agreed on exclusive mediation, one of the Parties may terminate this Agreement at the earliest after the expiry of the period for which the exclusive mediation has been agreed, and before the expiry of this period, even if the Broker is demonstrably inactive.

13.4. Termination is effective on the day of delivery of the written notice to the other Party to the Agreement, or at a later date, if the notice indicates a later day.

Article XIV

FINAL PROVISIONS

14.1. The agreement is concluded for an indefinite period.

14.2. The Agreement shall enter into force and effect on the date of signature.

14.3. The Agreement is made in two copies, one for each of the parties to the Agreement. Any changes and amendments to the Agreement may be made only by agreement of the parties and exclusively in writing.

14.4. The interested party acknowledges that his personal data are processed in accordance with Act no. 122/2013 Coll. on the protection of personal data and on the amendment of certain laws.