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

These terms are in line with Council Directive No. 2011/83 / UU of 25 October 2011 on consumer rights, legislation of the Slovak Republic and the highest standards of fair mediation of the sale, lease and purchase of real estate.

Article I.

GENERALLY PROVISIONS

1.1. These Genetal Terms of mediation ("Terms" or "GTM") govern the rights and obligations of the Agent and the Principal in connection with the mediation of the purchase, sale, lease or rental of property resulting from a 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 the applicable laws. The provisions of the Agreement take precedence over the provisions of these Terms.

1.2. Legal relationships governed by these Terms are governed by the relevant provisions of Act no. 40/1964 Coll. Of the Civil Code, as amended.

Article II.

INTERPRETATION OF THE CONCEPTS

2.1. The terms in this Article with a capital letter have the meaning given in this Statement under these Conditions or other documents to which these Terms apply, unless otherwise specified in these Terms or other documents.

Agreement – An Mediation Agreement (Intermediary Contract) - ment under which the Agent undertakes to procure to the Principal a commission for the conclusion of a Contract for the Transfer of a Property Right to a Real Estate or a Rental Agreement for a Real Estate with a Third Person and the Princpial undertakes to pay the commission if the result has been achieved by the mediation of the Agent.

Rental agreement – a contract under which the lessor leaves the property or part thereof for use by a third party (tenant) for an agreed rent (rental fee). The Rental Agreement is also considered to be the lease agreement or any other contract by which the Principal leaves the Property to a third party for temporary use.

Real estate /property/– property (or type-specified) in point (B) of the Agreement.

Non-exclusive mediation – the form of mediation in which the Principal is entitled to enter into an mediation contract with other persons as the Agent, or to secure the conclusion of the Contract itself, also by self-help. For non-exclusive mediation, the provisions 7.3. and point 10.4. these Terms do not apply.

Fixed reimbursement of expenses – flat-rate compensation representing all expenses incurred by the Agent in complying with the obligations under the Agreement. The Fixed reimbursement of expensesis mainly expenditure on advertising and secured professional assistance, including legal assistance provided by the law firm. Unless otherwise agreed by the Parties, flat rate reimbursement is eighty percent of the Agent's commission value specified in point (C) of the Agreement. The parties declare that the Fixed reimbursement of expensesthus determined is sufficient and proportionate.

Agent – party to the Mediation Agreement, which is equally indicated in the Agreement.

Party (in the plural - Parties) – Contracting Parties (Parties) of the Agreement, i.e. Agent and / or Principal.

A serious reason – such reason on the part of the Contracting Party which, due to objective reasons, directly impedes the fulfillment of the obligation specified in the Agreement or the Terms. Serious reasons include war, war, state of emergency, emergency, party hospitalization for more than ten days, severe injury to the Party, death of a relative of the Party in direct relationship, sibling, spouse, mate. Serious reasons do not include the reasons why the Party knew or could reasonably have reason or its consequences before the conclusion of the Agreement.

Exklusive Mediation - the form of mediation agreed upon for a specified period of time, during which, on the basis of the will of the Principal, the sole person is authorized to mediate the sale of the Real Estate Intermediary, as provided for in the Mediation Agreement. Unless otherwise agreed by the Parties, Principal is not entitled to secure signing of Contract through a third party (eg another Agent) or self-help. The provisions of paragraph 7.3. and point 10.4. of these Terms and Conditions are effective and binding for both Parties only during the period of exclusive mediation.

Principal – party to the Mediation Agreement, which are also identified in the Agreement.

Contract – Contract for Transfer of Property Rights to Real Estate or Property Rental Agreement between the Principal and a third party.

Contract for Transfer of Property Rights to Real Estate – any repayable or royalty-free contract resulting in the transfer of ownership of the Real Estate or the transfer of a business share or ownership interest in a company that is the owner of the Real Estate.

Article III.

AGENT GENERAL OBLIGATIONS

3.1. The Agent undertakes to procure commission to the Principal  for the conclusion of the Contract in accordance with the terms and conditions set forth in the Agreement.

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

3.3. The Agent is obliged to notify the Principal of any important mediation related matters, in particular the facts that may affect the Principal‘s decision to conclude the Contract without undue delay.

3.4. Scope of the services provided by the Agent to the Principal is set out in point (E) of the Agreement. 

Article IV.

OBLIGATIONS OF THE AGENT

In mediation of sale or lease real estate

4.1. An Agent is required to actively search for third parties who are interested in signig contract with Principal.

4.2. In order to search for third parties interested in signing the Contract with Principa, the Agent is required to disclose the offer of Realty of electronic and / or printed advertising media. The choice of advertising media is determined by the Agent. The Agent is also required to promote the Real Estate through other ways agreed with the Principal.

4.3. The parties have agreed that in the case of oferring the Real Estate for Sale, the Agent will offer Real estate for the Principal required price by adding the commission of the Agent, as stated in (C) - 1) of Agreement and in the case of offering Real Estate for Rent, the Agent will offer Real estate for Principal required Rental fee (Rental fee with adding an Principal required price of Energies as set forth in paragraph (C) - (2) of the Agreement.

4.4. If the Agent undertakes keys from Real Estate he obligates to:

a) the keys are carefully cared for and protected against loss, damage, detraction or destruction,

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

c) to visit the Real Estate only in connection with the performance of the activities under the Agreement while being required to ensure that no damage is caused to the Real estate during visit/tour of the Real estate  

d) on leaving Real estate to lock carefully and secure it against unauthorized interference.

4.5. Undetaking keys is confirmed in Acceptance protocol.

Article V.

OBLIGATIONS OF THE AGENT

In mediation of sale or lease real estate

5.1. The Agent is required to actively search for third parties - the owners of the Real Estate that are interested in signing Contract with the Principalr.

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

5.3. The parties have agreed that in the case of interest in the purchase of a Real Estate, the Agent will seek the Real Estate for the Principal requested price, as stated in (C) - 1) of  Agreement and, in the case of interest in renting a Real Estate, the Agent will seek Real estate for the required Rental fee (Monthly), including required Energy price, as stated in (C) - 2) of Agreement.

Article VI.

OBLIGATIONS OF THE AGENT

in mediating the purchase or rental of Real Estate

6.1. Principal undertakes to pay a commission to the Agent if the Contract has been terminated with the cause of an Agent as is apparent from the Agreement.

6.2. Principal is obliged to notify the Agent without undue delay all important facts related to mediation, especially circumstances that may affect the decision of Principal to conclude the Contract.

6.3. Principal is required to provide necessary cooperation to the Agent to achieve the outcome of the Agreement.

6.4. Principal is obliged, upon request by the Agent, to provide to the Agent all the documents and documentation required by the Agent to fulfill the subject matter of the Agreement.

Article VII.

OBLIGATIONS OF THE PRINCIPAL

in mediation of sale or lease Real estate

7.1. Principal is required to allow access to the Real estate for third parties who have expressed an interest in a personal visit of the Real estate. At the same time is Principal obliged to submit to the Agent all the documents, which show the right of Principal to dispose with the Real Estate.

7.2. Principal is obliged to allow access to real estate for persons acting on behalf of the Agent (hereinafter referred to as "broker"), court experts and other proficient persons and to allow them to perform all the acts necessary to obtain detailed real estate data.

7.3. Where the Exklusive Mediationhas been agreed by the parties, Principal undertakes not to enter into a mediation contract, mediation agreement, contract for the sale of a thing or any other similar contract for the purpose of transferring ownership of the Real Estate or renting a Real Estate during the period of exclusive mediation. Otherwise, Principal undertakes to pay the Agent a Fixed reimbursement of expensesrefund, which is calculated from the commission amount specified in point (C) - 1) of Agreement entitled "Financial conditions in the case of Real estate SALE ", in the "Agent's commission in €:" column, provided that it is the object of mediation of the sale of the Real Estate, or to pay to the Agent a Fixed reimbursement of expensescalculated from the commission amount specified under (C) - 2)  of Agreement entitled "Financial conditions in the case of Real estate RENT", in the column "Agent's commission in €:", provided that it is the object of mediation is renting a Real Estate. The parties declare that the amount of the Fixed reimbursement of expensesis proportionate due to the increased expenses and the mediation of the Agent, since the Agent in the case of exclusive mediation spends significantly higher advertising and related services.

7.4. Fixed reimbursement of expensesspecified in point 7.3. is payable to the Agent bank account no later than 10 days after Principal received a call to pay with invoice.

7.5. If the Agent performs a visit of the property with a third person who has previously been introduced to the Principal (for example other Agent), the Principal is obliged to inform the Agent in writinen form, without delay, at the latest on the first visit of the third person with the Agent, otherwise the third person is unknown to the Principal.

Article VIII.

OBLIGATIONS OF THE PRINCIPAL

in mediation of purchase or leasereal estate

8.1. If the Principal performs with Princip tour of a Real Estate that has previously been submitted by another person to the Principal, the Principal is obliged to inform the Agent in written form, without delay, at the latest at the first visit of Real estate with the Agent, otherwise the Real Estate is unknown to the Principal.

Article IX.

GENERAL PROVISIONS ABOUT COMMISION

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

9.2. The commission is payable upon signing the Contract.

9.3. Any reciprocal financial entitlements that may arise between the Parties may be unambiguously counted.

9.4. Payment of the commission is made by cashless payment or in cash. Principal is entitled to pay the commission in cash only to the authorized person of the Agent.

9.5. The Agent is entitled to a commission even if the contract was signed after the termination of the Agreement if the Contract was concluded in connection with the Agent's activity.

9.6. The Agent is entitled to a Fixed reimbursement of expensesif the Principal, despite the interest shown and a provisional (for example, oral) consent, concludes the Contract or the Future Real estate Transfer Contract (the pretended interest in selling or buying the Real estate).

9.7. Fixed reimbursement of expensesspecified in point 9.6. is payable to the Agent bank account no later than 10 days after Principal received a call to pay with invoice.

Article X.

COMMISION

in mediation of sale or lease Real estate

10.1. If the object of mediation is sale of a Real Estate is the amount of an Agent's commission is determined in (C) - 1) Agreements in the section entitled " Financial conditions in the case of Real estate SALE " section "Agent's commission in €". If the the object of mediation is rent of Real estate, the Agent's commission amount is determined in (C) 2) Agreements in the section entitled " Financial conditions in the case of Real estate RENT ", section "Agent's commission in €". The parties declare that this method of negotiating mediation commission is sufficiently understandable and specific.

 

10.2. If there is a reduction in the Principal required price for the sale of the Real Estate below the amount mentioned in (C) 1) of the Agreements (in the "Principal required price" section), the Agent retains the right to commission, at the amount specified in point (C) - 1) of Agreement in the "Agent's commission in €" section, unless the Parties have agreed otherwise. If there is a decrease in the Principal required Rental fee of the Real Estate below the amount mentioned in point (C) - 2) of Agreement (in the section "Principal required Rental fee"), the Agent retains the right to commission, up to the amount specified in (C) - (2) Agreements in the " Agent's commission in €" section, unless otherwise agreed by the Parties.

10.3. The Agent is entitled to a commission even if the Principal sign contract with a third party without any further assistance from the Agent, which the Agent designated as a suitable person to conclude such a Contract (e.g., such as having carried out a real estate visit with that person). The Agent is entitled to a commission in the same way if the Principal concludes the Contract with a person who is in property or in person linked to the person he has designated as a person suitable for the conclusion of such a Contract. The Agent is entitled to a commission even if the Principal concludes the Contract with a person who is close to the person whom the Agent has designated as a person suitable to conclude such a Contract.

10.4. If, in the case of in point (D) of the Agreement is marked Exclusive mediation in the Real Estate sale and Principal concludes the Contract on Real estate without any connection to the Agent's activity during the effective exclusive engagement under (D) of Agreement, without any valid reasons refuse to conclude the Contract with a third party, the Principal undertakes to reimburse the Agent to the Fixed reimbursement of expenses, calculated on the basis of the commission provided for in point (C) - 1) of Agreement entitled "Financial conditions in the case of Real estate SALE " in the "Agent's commission in €" column. If, in the case of Real estate Rent in point (D) of the Agreement is marked Exclusive mediation and Principal sign Rental Agreement or similar agreement, the Principal undertakes to reimburse the Agent to the Fixed reimbursement of expenses, calculated on the basis of the commission provided for in point (C) - 2) of Agreement in the section " Financial conditions in the case of Real estate RENT " in the column " Agent's commission in €"". The parties declare that the amount of the Fixed reimbursement of expensesof expenses is due to the increased expenses and the mediation of the Agent in an adequate mediation is adequate.

10.5. Fixed reimbursement of expensesspecified in point 10.4. is payable to the Agent's account no later than 10 days after Principal received a call to pay with invoice.

Article XI.

COMMISION

in mediation of sale or rental Real estate

11.1. If the object of mediation is Buy of a Real Estate is the amount of an Agent's commission is determined in (C) - 1) Agreements in the section entitled " Financial conditions in the case of Real estate BUY " section "Agent's commission in €". If the the object of mediation is rent of Real estate, the Agent's commission amount is determined in (C) 2) Agreements in the section entitled " Financial conditions in the case of Real estate RENT ", section "Agent's commission in €". The parties declare that this method of negotiating mediation commission is sufficiently understandable and specific.

11.2. The Agent is entitled to a commission even if the Principal sign contract with a third party without any further assistance from the Agent, which the Agent designated as a suitable person to conclude such a Contract (e.g., such as having carried out a real estate visit owned by that person). The Agent is entitled to a commission in the same way if the Principal concludes the Contract with a person who is in property or in person linked to the person he has designated as a person suitable for the conclusion of such a Contract. The Agent is entitled to a commission even if the Principal concludes the Contract with a person who is close to the person whom the Agent has designated as a person suitable to conclude such a Contract.

11.3. In the case of a mediation of the purchase or rental of a Real Estate, the right to commission is retained by the Agent even if the Principal concludes the Contract for such Real estate presented to it by the Agent, although its parameters are different from those which the Principal had as stated to the Agent or were defined in the Annex no. 1 of the Agreement.

11.4. The Agent is entitled to request a deposit payment from Principal when concluding Agreement for Fixed reimbursement of expensesor commissions 

Article XII.

NOTIFICATION AND COMMUNICATION

12.1. Documents shall be served on the other Party to the address specified in the Agreement or to any other address expressly provided by the Party as the delivery address. The day of receipt of the document shall be the date on which the addressee has received the document or the day when the addressee refused to take the document or the day the document was returned to the sender as undeliverable.

12.2. The communication between the Parties is preferably by e-mail (to the addresses given in the agreement) or by telephone. The other Party's consent in the e-mail message is considered to be an amendment or amendment to the Agreement. An e-mail message is deemed delivered the next day after it is sent unless an earlier delivery date is established.

12.3. Termination of agreement can not be delivered by electronic communication.

Article XIII.

TERMINATION OF THE AGREEMENT

13.1. The agreement terminates by fulfilling its subject, agreement of the parties, written notice, The expiration of the Agent without a legal successor.

13.2. In the event that the Parties have negotiated non-exclusive mediation, each of the Parties to the Agreement shall at any time terminate the Agreement in writing.

13.3. In the event that the Parties have negotiated an exclusive mediation in the Agreement, any of the Parties may terminate this Agreement at the earliest after the expiry of the period for which the sole mediation has been negotiated and before the expiry of that period, even if the Agent is proving to be inactive.

13.4. Termination is effective on the date of delivery of written notice to the other Party. the next day if the date is later reported.

Article XIV.

FINAL PROVISIONS

14.1. The agreement is concluded for an indefinite period.

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

14.3. The Agreement is drawn up in two equalisations, one for each of the Parties. Any changes and additions to the Agreement may be made only by agreement between the parties and in writing only.

14.4. Principak acknowledges that his / her personal data is processed in accordance with Act no. 122/2013 Z.z. on the Protection of Personal Data and on Amendments to Certain Acts.

 

 

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