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REVESTUM d.o.o., Real Estate Agency and Investments, Celovška cesta 160, 1000 Ljubljana, registered office 9348751000, tax no. SI 22467670 on the basis of the Act on Real Estate Brokerage (Ur. l. RS, No. 72/2006, with amendments) adopts the following

 

G E N E R A L   T E R M S   A N D   C O N D I T I O N S

in mediation in real estate transactions

 

  1. INTRODUCTORY PROVISIONS

1.1   With the General Terms and Conditions of Business Intermediation with real estate (hereinafter: General Terms and Conditions) are governed by legal relations between the real estate company and the customer.

1.2   The General Terms and Conditions are an integral part of every brokerage contract, which the real estate company concludes with the customer. An integral part of every brokerage contract is the price list of the real estate company’s services and a copy of the insurance policy.

1.3   In the event that the mediation agreement contains provisions that conflict with these General Terms and Conditions, the provisions of the mediation agreement shall prevail.

 

  1. MEANING OF TERMS

2.1   The following terms are used in these General Terms and Conditions meaning:

  • A real estate broker is a natural person who performs brokerage business for a real estate company on the basis of an employment contract or other legal basis, with a license obtained from the competent ministry for the performance of brokerage business, and is entered in the directory of real estate brokers at the competent ministry.

  • Intermediation in real estate transactions means the performance of a registered profitable activity of brokerage in real estate transactions, whereby individual brokerage transactions in real estate transactions include all activities in establishing contact between the customer and a third party and in negotiations and preparations for the conclusion of contracts, the subject of which is a specific real estate, such as a purchase, sale, rental, lease or other contract for a specific property.

  • The client is a natural or legal person who enters into an agency contract with a real estate company, and for whom the real estate company performs real estate agency services.

  • A third party is a person whom the real estate company tries to put in contact with the client in order to negotiate with him for the conclusion of a contract, the object of which is the real estate.

  • The ordering party’s immediate family members are the ordering party’s spouse or the person with whom the ordering party lives in a cohabitation, in accordance with the regulations on marriage and family relationships, their children or adopted children, parents and adoptive parents, and persons whom they are obliged to support by law.
  • An agency contract is a written contract concluded between the real estate company and the customer, with which the real estate company undertakes to endeavor to find and put the customer in contact with a third party, who will negotiate for the conclusion of a specific contract, the subject of which is the real estate, and the client undertakes to pay the real estate company for mediation if the contract is concluded.

  • A contract, the subject of which is real estate, is a purchase, sale, rental, lease or other contract for a specific real estate, the conclusion of which is mediated by a real estate company.

  • The real estate is the real estate defined in the mediation agreement.

 

  1. INTERMEDIATION SERVICES

3.1   The real estate company provides mediation services at:

  • sale or purchase of real estate,
  • renting, letting, leasing or
  • other contracts, the object of which is real estate.

3.2 Intermediation services from point 3.1 include establishing contacts for the customer, checking the condition of the real estate, participating in negotiations and preparations for the conclusion of legal transactions, as necessary to conclude a legally valid contract for a specific real estate, if and to the extent that the circumstances of the individual transaction dictate, and in particular the following services:

–  conclusion of a contract on mediation in real estate transactions;

– informing the customer and the third party of the market conditions that are important for determining the price of the real estate, the content of the regulations that are important for the valid conclusion of a contract on mediation in real estate transactions, the amount of the customer’s tax obligations and the prices of notary services;

–  determination of the legal status of the real estate by obtaining real estate documents (extract from the land register), contracts (if the real estate is not yet registered in the land register) and the like;

–  written warnings, notices, confirmations;

–  viewing the property after concluding a contract on mediation in real estate transactions;

–  advertising the sale of real estate in the media or in another way;

– familiarizing the customer with the real estate and putting him in contact with a third party;

– presence at the viewing of the property by the client;

– determining the actual condition of the property;

– informing the customer of the established legal and actual state of the property and reliable warning of identified errors;

– telephone communication with customers;

–  participation in negotiations to conclude a deal;

– preparation of a draft sales contract

3.3 The brokerage fee covers the costs of conducting business from point 3.2.

3.4 After the Real Estate Company’s written notification of contact with a third party, the customer must, within 3 (three) working days of this notification, inform the Real Estate Company in writing of the fact that he was previously contacted by a competing (real estate) company. Otherwise, it is considered that the customer was put in contact with a third party by the Real Estate Company.

3.5 Meaning the same as that specified in point 3.4 applies in the event that the customer himself finds and establishes contact with a third party.

 

  1. ADDITIONAL SERVICES

4.1 The real estate company can provide additional services for the client if it is agreed with the client in the agency contract or with a special order that is a supplement to the agency contract.

4.2 In particular, the following are considered additional services:

  • representation in procedures for obtaining consents, permits and other documents necessary for concluding a contract, the subject of which is real estate;
  • organization of real estate valuation;
  • regulation of the legal status of the real estate;
  • preparation and submission of land registry proposals;
  • storage of funds in a fiduciary account;
  • preparation of a lease or other contract, which does not include a brokerage fee;
  • other services necessary for the execution of the transaction.

4.3 The prices of additional services are determined in the price list of the real estate company in force at any time or in the brokerage contract or in another contract that the customer concludes with the real estate company.

4.4 The real estate company is entitled to payment for additional services provided, even if the Contract, the object of which is the real estate, was not concluded.

 

  1. INTERMEDIATION PAYMENT

5.1. The amount of payment for mediation is agreed upon by the real estate company and the customer in the mediation contract.

5.2  Payment for mediation in case of purchase or sale of the same property amounts to a maximum of 4% of the contract price. This limitation does not apply when the contract value of the property is less than EUR 10,000.00.

5.3 The client must pay the broker a brokerage fee in the amount of 4% calculated from the contract value for mediation in the case of renting or leasing. The contractual value is the product of the amount of the monthly rent and the number of months for which the rental agreement is concluded. The payment for mediation must not exceed the amount of one month’s rent and not less than EUR 150.

5.4 Value added tax (hereinafter: VAT) is not included in the brokerage fee, so when the invoice is issued, the brokerage fee is increased by the value of VAT (22%).

5.5  In the event that the real estate company does not carry out any business from point 3 of these General Terms and Conditions, because it is not necessary due to the circumstances of the individual case, or at the express request of the client, the client does not have the right to request a reduction in the brokerage fee.

5.6  The mediation fee does not include the costs of notary services, taxes, court and administrative fees, fees for certificates and permits required for the valid conclusion of the contract, and the costs of additional services from point 4 of these General Terms and Conditions.

5.7 The real estate company acquires the right to payment for mediation when a contract, in the conclusion of which it intervened, is concluded.

5.8 The real estate company cannot demand even a partial payment for mediation before the conclusion of the contract, the object of which is the real estate.

5.9  The brokerage fee is charged by the real estate company to the client on the basis of the brokerage contract.

5.10 The real estate company has the right to full payment even if the customer or a third party later withdraws from the already concluded contract, the object of which is the real estate.

5.11 The real estate company has the right to payment for mediation also in cases where the customer or his immediate family member concludes a contract, the object of which is real estate, with a third party with whom the customer was contacted by the real estate company and this contract was concluded within six months of termination of the agency contract.

 

  1. REIMBURSEMENT OF COSTS

6.1 If the parties expressly agree with the mediation contract, the real estate company may reserve the right to reimburse the actual costs in the amount of EUR 150.00 incurred by it in connection with the provision of mediation services from point 3 of the General Terms and Conditions, namely also in the case, if the contract, the subject of which is real estate, has not been concluded, if the customer himself contacts a third party with whom he concludes a real estate contract, concludes a real estate contract through the mediation of another real estate company, unilaterally terminates the mediation contract before the expiration of the time for which was concluded.

 

  1. PROTECTION OF INTERESTS OF THE CLIENT AND THIRD PARTIES

7.1 The real estate company, when providing real estate mediation services, must inform the client in an appropriate manner of all the circumstances that are important for realizing the client’s interests.

7.2  The real estate company must also adequately protect the interests of the third party that brought it into contact with the client for the purpose of negotiating a contract, the subject of which is real estate, and act impartially, except when based on an express agreement with the client, it represents only the client’s interests. When, based on an agreement with the client or investor, the real estate company exclusively represents the client’s interests during mediation, it must clearly and in writing warn the third party with whom it contacted the client that it is acting in the role of a representative and not a mediator.

 

  1. FIDUCIARY ACCOUNT

8.1  The real estate company may accept funds for safekeeping from the client or a third party in connection with the performance of a contract, the subject of which is real estate, if it has a fiduciary account management agreement with the bank and if the client or a third party authorizes it in writing.

 

  1. LIABILITY INSURANCE

9.1  The real estate company has professional liability insurance for damage. The insurance covers liability for damage that could be caused to the client or a third party by breach of the contract on mediation in real estate transactions on the territory of the Republic of Slovenia. The name of the insurance company, the number of the insurance policy and the sum insured are stated in the mediation contract.

 

  1. EXCLUSIVE BROKERAGE AGREEMENT

10.1. In the event that the client and the Real Estate Company enter into an exclusive agency agreement for a specific property, the client may not enter into an agency agreement with a competing real estate company or advertise or sell the same real estate through any third party during the validity period of the contract in relation to the same property.

 

  1. TRANSFER OF BROKERAGE SERVICES

11.1 The real estate company may transfer mediation services to other real estate companies by agreement with the client.

11.2 In the case of the transfer of mediation services to another real estate company, the client remains in a contractual relationship only with the Real Estate Company with which he concluded the mediation contract, and the Real Estate Company must hand over to the client a list of real estate companies to which it is transferring the order.

 

  1. OTHER OBLIGATIONS OF THE CUSTUMER

12.1 The client must submit to the real estate company all available documentation relating to the real estate that is the subject of mediation (in particular, proof of ownership, land registry extract, contracts, building permit, location information and all other documents).

12.2 The client guarantees the truthfulness, accuracy and completeness of the provided data or documentation.

12.3 The customer must immediately, and at the latest within 8 (eight) days of the change, notify the Real Estate Company in writing of any change in his interests (sales price, occupancy date of the property, etc.) and of any change in the actual or legal status of the property.

12.4 In the event that the client markets the real estate himself or with competing real estate companies, the client will market the real estate under the same conditions as agreed in the Brokerage Agreement.

12.5 In the event that the client finds a third party himself or through the mediation of a competing real estate company, with whom he concludes a contract or pre-contract, the object of which is real estate, the Real Estate Company shall immediately, but no later than within 8 (eight) days from the conclusion of such contract or pre-contract notified it in writing and delivered a copy of this contract to her.

 

  1. UNFAIR CONDUCT OF THE CUSTOMER

13.1 The client is obliged to reimburse the real estate company for all damages caused to the real estate company as a result of the client’s breach of contractual obligations.

13.2 In particular, the following acts of the client are considered to be serious violations of the agency contract:

  1. the customer prevents the real estate company from conducting tours of the real estate without valid reasons;
  2. the customer violates the agreement on the exclusivity of the agency contract;

  3. the client himself or with other real estate companies markets the real estate under more favorable conditions than those agreed in the brokerage contract;

  4. the client does not inform or does not inform the Real Estate Company in a timely manner about the conclusion of a contract or pre-contract, the subject of which is real estate, with a third party that he finds himself, or does not hand over or fail to hand over to him a copy of the contract, the subject of which is real estate;

  5. the customer, contrary to good faith and honesty, does not enter into negotiations for the conclusion of a contract or, without a valid reason, refuses to conclude a contract, the object of which is real estate, with a third party with whom the Real Estate Company put him in contact;
  6. the customer provides third parties with information and data that are of a confidential nature and are considered a trade secret.

 

  1. RIGHT TO RECEIVE INFORMATION

14.1 The real estate company, in the event that the client withdraws from the brokerage contract or does not conclude a contract, the subject of which is real estate, may make inquiries about any concluded contract, the subject of which is real estate.

 

  1. OBLIGATIONS UNDER THE ACT ON THE PREVENTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM

15.1 In accordance with the Act on the Prevention of Money Laundering and Financing of Terrorism, when entering into business relationships and transactions above the legally prescribed amount, and in other cases determined by the regulations, the real estate company must perform a client inspection, which includes:

  1. determination and verification of the customer’s identity;

  2. determining the actual owner of the customer, if the customer is a legal entity;
  3. obtaining information about the purpose and intended nature of the business relationship or transaction and other information according to the law;

  4. regular and careful monitoring of business activities carried out by the client at the Real Estate Company.

15.2 The client is aware that, in order to fulfill its obligations under the previous point, the real estate company has the right to obtain and verify (also by inspecting the personal document) the following personal data of the client and the legal representative of the client:

  1. personal name,
  2. address of permanent or temporary residence,
  3. date and place of birth,
  4. tax number and
  5. number, type and title of the issuer of the official identity document.

 

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

16.1 All information and data that the customer obtains from the Real Estate Company are of a confidential nature and are considered a trade secret, except for information and data that are publicly available.

16.2 In order to comply with the obligations under the brokerage contract and the obligations imposed on the real estate company by the Act on the Prevention of Money Laundering and Terrorist Financing, the Real Estate Company may, in accordance with the regulations governing the identity card and travel documents, copy the information from the personal document (personal name, address of permanent or temporary residence, date and place of birth, tax number and number, type and title of the issuer of the official identity document).

16.3 When this is explicitly dictated by the nature of the individual transaction (e.g. verification of the signature of the customer or a third party, etc.), the Real Estate Company may photocopy the owner’s personal document based on the owner’s written consent, from which it is derived for a previously specified purpose.

16.4 The real estate company shall mark on the photocopy of the personal document:

– that it is a photocopying,

– its title,

– explicitly stated purpose of photocopying,

– legal basis for photocopying,

– clearly visible written consent of the holder of the personal document.

16.5 The real estate company undertakes not to copy the client’s identity document any further. The real estate company may not keep a copy of the personal document in electronic form.

16.6 The real estate company undertakes to protect all personal data in accordance with the regulations on the protection of personal data. All personal data will be used only for the purpose of concluding, implementing, changing and terminating the mediation contract and the contract, the subject of which is real estate. For any use of personal data for other purposes, the real estate company will obtain the prior written consent of the customer.

16.7 The data subject has the right to:

– get confirmation from the real estate company as to whether personal data is being processed in connection with it,

– request from the real estate company to limit the processing of personal data;

– of users or categories of users, in third countries or international organizations;

– the expected period of retention of personal data or the criteria used to determine this period.

16.8. The data subject has the right to:

– request correction or deletion of personal data from the real estate company,

– request from the real estate company to limit the processing of personal data,

– object to the processing,

– request the real estate company to correct inaccurate personal data without undue delay,

– request that the real estate company complete incomplete personal data,

– personal data is directly transferred from one real estate company to another when this is technically feasible,

– lodges a complaint with the supervisory authority.

16.9. When personal data is transferred to a third country or an international organization, the individual to whom the personal data relates has the right to be informed about the appropriate protective measures related to the transfer.

16.10. Where personal data is processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data relating to him for the purposes of such marketing, including profiling in so far as it is related to such direct marketing.

 

  1. TERM OF CONTRACT AND TERMINATION OF CONTRACT

17.1 The mediation agreement is concluded for a fixed period of nine (9) months, unless the parties agree on a shorter period.

17.2 After the expiry of the period referred to in the previous point, the parties may enter into a new mediation agreement.

17.3 The contract ceases to be valid:

  1. with the passage of time,
  2. by terminating the agency contract,
  3. by completing an agency contract and
  4. in other cases determined by law.

17.4 The parties may terminate the mediation agreement at any time, if this does not conflict with good faith and honesty. Cancellation must be made in writing.

 

  1. GOVERNING LAW

18.1 The Code of Good Business Practices in Real Estate Transactions, adopted by the Association of Real Estate Brokerage Companies at GZS – Chamber of Commerce, is used to assess the mediation agreement and the General Terms and Conditions and for issues not regulated by the mediation agreement and the General Terms and Conditions with real estate and Slovenian law without conflict of laws rules.

 

  1. DISPUTE RESOLUTION

19.1 Any disputes arising from or in connection with this mediation agreement shall be resolved by agreement between the parties.

19.2 If an amicable solution to the dispute is not possible, in cases involving contracts with consumers, the court in Ljubljana is competent to resolve them.

19.3 If an amicable solution to the dispute is not possible, in cases involving contracts between economic entities, the parties agree that any disagreement, dispute or claim that originates from this contract or is related to it or originates from its violation, will be terminated or invalidity, finally resolved by a panel of three arbitrators or an individual arbitrator appointed on the basis of the Rules on Arbitration Procedure before the Permanent Arbitration at the Chamber of Commerce of Slovenia.

 

  1. VALIDITY AND PUBLICATION OF THE GENERAL CONDITIONS

20.1 The general conditions apply from 22.5.2021.

20.2

The general conditions applicable at any time are published on the premises of the Real Estate Company, in a visible place and at the web address www.revestum.com.

 

 

In Ljubljana, on May 22, 2021

REVESTUM d.o.o., Real Estate Agency and Investments

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