Central RE d.o.o., Pijava Gorica, Cesta na Drenik 22, 1291 Škofljica
Phone: 040 824 577, e-mail: firstname.lastname@example.org, Registration no.: 1884549000; Tax no..: SI 56275650; bank account no. SI56 0317 1100 1333 926 (hereinafter »Real Estate Company«)
On the basis of the Real Estate Brokerage Act (Official Journal of the Republic of Slovenia, No. 72/06 – official consolidated text, 49/11 and 47/19, hereinafter referred to as »ZNPosr«), adopt the following general terms and conditions of business in the real estate trade:
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions ("GTC") and the Price List for the Services shall form an integral part of any brokerage contract ("BC") concluded by the Real Estate Company with the Principal.
1.2 If the BC contains provisions that conflict with the GTC, the provisions of the BC shall prevail.
1.3 The terms used in these GTC shall have the same meaning as set out in the ZNPosr, namely:
2. REAL ESTATE BROKERAGE SERVICES
2.1. The Real Estate Company provides brokerage services for the sale/purchase of real estate or the letting/renting/leasing of real estate or the creation/alteration/termination of other rights on the real estate.
2.2 Unless otherwise provided for in the BC, the brokerage services shall include in particular the following transactions which the Real Estate Company carries out for the principal, if and insofar as the circumstances of the particular transaction so dictate, in establishing contacts for the principal, verifying the condition of the real estate and negotiating and preparing for the conclusion of legal transactions necessary for the conclusion of a legally valid contract for the real estate in question, in particular:
2.3. The commission shall cover the costs of carrying out the transactions referred to in point 2. 2..
3. ADDITIONAL SERVICES
3.1. The Real Estate Company may provide additional services to the principal, if agreed with the principal in the BC or the Annex, or on the basis of the principal's written order and written confirmation by the Real Estate Company (an e-mail is also considered as a written form).
3. 2. Additional services in particular are:
3.3. Additional services shall be charged in accordance with the price list of the Real Estate Company, which is attached to these GTC, and the principal shall be obliged to pay for these services even if the contract for the real estate for which the Real Estate Company has brokered has not been realized, i. e., the sale or lease contract has not been concluded.
4.1. The Real Estate Company acquires the right to payment for the brokerage on the date on which the contract, for which it has brokered, is concluded. The Real Estate Company cannot claim even a partial commission before the conclusion of the contract for the real estate, subject to brokerage.
4.2. The commission amounts to :
4.3. When a Real Estate Company performs brokerage for both parties (seller and buyer or landlord/lessor and tenant/lessee), it is entitled to claim from each party half of the commission agreed with that party.
4.4. If the Real Estate Company fails to carry out any of the transactions referred to under item 2 or 3 of the GTC because it is not necessarily due to the circumstances of the particular case, or at the express request of the principal, or because the principal has prevented their performance, the principal shall not have the right to request a reduction of the commission. The same shall apply to the additional services referred to under item 2 of the price list annexed to these GTC.
4.5. The Real Estate Company is also entitled to full payment if the principal or a third party withdraws from an existing contract that has real estate as its subject or if the contract is terminated.
4.6. The Real Estate Company shall also be entitled to a commission if the principal or a member of the principal's immediate family concludes a contract, the subject of which is real estate, with a third party who was put in contact with the principal by the Real Estate Company and this contract was concluded within two years after the termination of the BC.
4.7. The commission does not include the costs of notarial services, public duties and taxes and the costs of the additional services referred to under item 3 of the GTC and in point 2 of the price list annexed to these GTC.
4.8 The Real Estate Company shall be entitled to the payment for additional services ordered by the principal and not included in the fee, according to the attached price list. The additional services shall be charged separately and independently of the Real Estate Company's entitlement to payment of the commission.
5. PRESUMPTION OF CONTACT
5.1. Within three days of receiving notification from the Real Estate Company that a third party has been contacted, the principal must inform the Real Estate Company in writing of the fact that he has been previously placed in contract with the same third person by the other Real Estate Company or that he has already found the same third party himself. If the principal fails to do so, the principal shall be deemed to have been put in contact with the third party by the Real Estate Company.
6. REIMBURSEMENT OF ACTUAL COSTS
6.1. If the parties have expressly agreed in the BC, the Real Estate Company is entitled to reimbursement of the actual costs incurred by it in connection with the provision of the brokerage services (e. g. travel expenses, inspections, preparation of documents, preparation of the contract, etc.), even if no contract has been concluded with the real estate real estate as the subject matter of the brokerage services. The amount of the actual costs that the Real Estate Company may charge to the principal shall not exceed EUR 150,00 plus VAT (currently 22%). The actual costs shall be charged according to the attached price list.
7. LIABILITY INSURANCE
7.1. The Real Estate Company has professional indemnity insurance in accordance with the provisions of ZNPosr. The insurance covers liability for damages that the principal or a third party may suffer as a result of a breach of the BC. The policy number, sum insured and the name of the insurer are shown in the BC.
8. EXCLUSIVE MEDIATION CONTRACT
8.1. If a Real Estate Company and the principal enter into an exclusive brokerage contract for a real estate, the principal may not, during the term of the contract, enter into a BC with any other Real Estate Company in respect of the same real estate and may not itself or through a third party advertise, sell or rent out that real estate.
9. OTHER OBLIGATIONS OF THE PRINCIPAL
9.1. The principal must provide the Real Estate Company with all available documentation relating to the real estate which is subject of the brokerage (e. g. building and occupancy permit, energy certificate, proof of ownership if ownership is not registered in the land register, etc.).
9.2. The principal guarantees that all information provided by him/her to the Real Estate Company is accurate, true and complete.
9.3. The principal must inform the Real Estate Company in writing of any change in his/her interests (e.g., sale price or rental price, desired handover date, etc.) within five working days of the change at the latest.
10. ANONYMITY OF THE PRINCIPAL
10.1. When a Real Estate Company provides brokerage services to a principal who wishes to remain anonymous, it shall not be obliged to disclose the identity of the principal to a third party wishing to conclude a transaction with the principal until the conclusion of the transaction.
11. RIGHT TO OBTAIN DATA
11.1. If the principal withdraws from the BC and/or does not conclude a contract for the real estate subject of brokerage, the Real Estate Company may, within three years after the occurrence of this circumstance, make enquiries about any contract with the real estate, in particular, but not exclusively, it may request information from the Land Registry and the SMARS.
11.2. In line with 17 ZNPosr in order to protect the interests of the principal, the Real Estate Company has the right, in accordance with the Payment Transactions Act, to obtain from the Bank of Slovenia information on blocked transaction accounts of natural persons acting as principals or as third parties in the real estate transaction .
12. OBLIGATIONS UNDER THE PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING ACT
12.1. Pursuant to the Prevention of Money Laundering and Terrorist Financing Act (the " ZPPDFT-2"), when entering into certain transactions, a Real Estate Company is required to conduct a customer due diligence, which includes a) screening the customer, b) identifying the beneficial owner of the customer - a legal entity, c) obtaining information on the purpose and intended nature of the business relationship or transaction and other information in accordance with the provisions of the ZPPDFT-2, and d) monitoring business activities on a regular basis, carried out by the principal with the Real Estate Company.
12.2. In order to fulfil its obligations under the preceding paragraph imposed by the ZPPDFT-2, the Real Estate Company shall have the right to obtain and verify the following personal data of the principal and the principal's legal representative: a) personal name, b) address of permanent and/or temporary residence, c) date and place of birth, č) tax number and d) number, type and name of the issuer of the official identity document.
13. PROTECTION, PROCESSING AND USE OF PERSONAL AND CONFIDENTIAL DATA
13.1. In order to comply with its obligations under the BC and the obligations imposed on the Real Estate Company by the ZPPDFT-2, the Real Estate Company may, in accordance with the regulations governing personal documents, inspect and copy the data from the personal document (personal name, address of permanent or temporary residence, date and place of birth, tax number and the number, type and title of the issuer of the official personal document).
13.2. The Real Estate Company may, with the prior written consent of the holder, photocopy the holder's identity document, if necessary, for a particular transaction.
13.3. The Real Estate Company shall indicate on the photocopy of the personal document: i) that it is a photocopy, ii) its name, iii) the purpose of the photocopying, and iv) that the copy is made on the basis of the principal's consent.
13.4. The Real Estate Company undertakes not to further copy the principal's personal document, nor to keep a copy in electronic form.
13.5. 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, performing, amending and terminating the BC and the contract to which the real estate is subject. For any use of personal data for other purposes, the Real Estate Company will obtain the prior written consent of the principal.
14. LIABILITY FOR DAMAGES
14.1. The Real Estate Company shall be entitled to claim from the principal compensation for any damage suffered by the Real Estate Company as a result of the principal's breach of contractual obligations. Such infringements are in particular where:
14.2. If a principal, who is not a consumer himself or herself, or a member of his or her immediate family, or a person related to the principal as defined in the Income Tax Act or the Corporation Tax Act, enters into a contract, the subject matter of which is the real estate brokered by a Real Estate Company, with a third party who has been put in contact with him or her by the Real Estate Company, or if the contract, the subject of which is a real estate brokered by the Real Estate Company, are concluded no later than two years after the termination of the BC, the principal shall be liable to pay the Real Estate Company a contractual penalty of twice the commission agreed with the BC or the GTC. This provision is without prejudice to the provisions of items 4. 6.
14.3. The Real Estate Company is also entitled to a commission if the principal finds a third party to conclude a contract with for the real estate that was the subject of the brokerage - the commission must be based on the transactions already carried out and amount to one-quarter of the contractually agreed commission. If the third party is a member of the principal's immediate family, the principal is obliged to pay the full contractually agreed commission.
15. ENERGY PERFORMACE CERTIFICATE
15.1. The principal is specifically reminded that in the case of renting out the real estate for a period of one year or longer and in case of sale of the real estate, he/she must provide the Real Estate Company with a statement of the energy performance of the building or an energy performance certificate, in accordance with the provisions of Article 31 of the Energy Efficiency Act ("ZURE"), before the real estate is advertised. If there is an exception, i.e., a real estate does not require an energy performance certificate, the Real Estate Company will notify the principal in writing. If the principal wishes to rent or sell the real estate without an Energy Performance Certificate or a suitable document providing energy efficiency, the Real Estate Company shall not be liable for any fines for advertising without an Energy Performance Certificate or without indicating the energy performance indicators of the building, or for a fine failing to submit an Energy Performance Certificate, which in both cases shall be EUR 300.00.
16.1. The Real Estate Company may delegate the brokerage services, in whole or in part, to other real estate companies with which it has concluded business cooperation agreements, unless this is expressly excluded by the BC. In such a transfer, the principal remains in a contractual relationship only with the Real Estate Company, which must disclose a list of the real estate companies to which he is transferring the contract.
17. BC DURATION
17.1. The BC is for a fixed period of nine months. The Real Estate Company and the principal may agree on a shorter duration of the BC.
17.2. Any disputes will be settled amicably between the Real Estate Company and the principal. If said is not possible, the Ljubljana court shall have exclusive jurisdiction to settle disputes.
17.3. These GTC and BC are subject exclusively to Slovenian law.
General Terms and Conditions valid from 01 May 2023
1.1 Brokerage in the sale and purchase of real estate
|Contract value over 10.000,00 EUR||4% + 22% VAT|
|Contract value under 10.000,00 EUR||800.00 EUR + 22% VAT = 976.00 EUR|
|Exclusive brokerage||by arrangement|
1.2 Commission for brokerage in the letting and rental/lease of real estate
The commission for brokerage for the letting and rental of the real estate is 4% of the contract value, but not more than the amount of one month's rent/lease and not less than EUR 150,00 plus 22% VAT or, in the case of brokerage for commercial entities, up to a maximum of two months' gross rent + 22% VAT, unless otherwise agreed in the BC. The contract value is equal to the product of the monthly rent/lease amount and the number of months for which the real estate is rented.
Exclusive brokerage by arrangement
2. Additional services
2.1 Drafting of sales contracts brokered by 600,00 EUR+ 22% VAT = 732,00 EUR
Real Estate Company (includes the execution of the handover
real estate, cooperation on subscription transcription,
the preparation and storage of pictorial material) *
2.2. Drafting of lease agreements, in the conclusion of which the Real Estate Company has brokered (includes the execution of the handover of the real estate participation in the transcription of subscriptions, preparation and storage of images)
The basis for setting the price for the drawing-up of the rental contracts or services referred to in this point shall be 12 times one month's gross rent.
|The basis (EUR)||Price of additional services (EUR)|
|from||to||without VAT||With VAT|
If the rental agreement is concluded for a rental period of 24 months or more, the basis for determining the price of the rental agreement and the services included in that price, as set out in the table above, shall be 25 times one month's gross rent. If the basis so determined does not exceed EUR 8,125.00, the services referred to in this point shall be charged at EUR 325.00 + 22 % VAT = EUR 396.50. If, however, the base so determined exceeds EUR 8,125.00, the price quoted for the services referred to in this point shall be increased by EUR 75.00 + 22 % VAT = EUR 91.50 for each further EUR 1,875.00 above the base of EUR 8,125.00.
|2.3. Checking the legal status of the real estate *||is billed at an hourly rate 240.00 EUR/ hour + 22% VAT = 292,80 EUR/ hour|
|2.4. Inspection and regulation of the land register balance|
Obtaining an extract from the land register with a court certificate or a notary
||55,00 EUR + 22 % VAT = 67,10 EUR|
|Composition of the land registry permit*||70,00 EUR + 22% VAT = 85,40 EUR|
Composition of the deed on the creation of a condominium
(up to 5 parts of the building)
|920,00 EUR+ 22% VAT = 1.122,40 EUR|
|Any further part of the building||55,00 EUR + 22% VAT = 67,10 EUR|
|Preparation of the land registry proposal||is calculated according to the attorney's or according to the notary's tariff.|
|2.5. Advertising, organization and execution of tours, consulting, evaluation of the market value of real estate|
|Real estate advertising|
|- website of the Real Estate Company, Nepremicnine.net*||15,00 EUR EUR/page + 22% VAT = 18,30 EUR/page|
|- advertising in other media||according to the valid price list of each medium in which it is advertised|
|Mileage*||0,55 EUR/km + 22% VAT = 0,67 EUR/km|
|View of the real estate*||billed at an hourly rate 95,00 EUR/ hour + 22% VAT= 115,90 EUR (for distances over 20 km, additional mileage is charged)|
|Real estate consulting or participation in negotiations *||billed at an hourly rate 325,00 EUR/ hour + 22 % VAT = 396,50 EUR/ hour|
|Assessment of the market value of the real estate||billed at an hourly rate 240,00 EUR/ hour + 22 % VAT = 292,80 EUR/ hour|
|2.6. Regulation of administrative procedures (FURS, etc.)|
|Composition of applications for tax procedures (FURS)*||12,00 EUR EUR/ page + 22% VAT = 14,64 EUR/page|
|Composition of other applications for administrative procedures||18,00 EUR EUR/page + 22% VAT = 21,96 EUR/page|
|Obtaining location information*||15,00 EUR + 22 % VAT = 18,30 EUR|
|Representation in the procedure for approval of consent under the ZKZ when selling agricultural or forest land*||375,00 EUR + 22 % VAT = 457,50 EUR|
Representation in the consent procedure
according to regulations on the protection of natural and cultural heritage
and in the procedure for obtaining the municipality's declaration of
non-enforcement pre-emptive rights*
|220,00 EUR + 22 % VAT = 268,40 EUR|
Representation in the process of obtaining an or identity number or tax numbers
||420,00 EUR + 22 % VAT = 512,40 EUR|
|Obtaining an energy certificate||55,00 EUR + 22 % VAT = 67,10 EUR|
|Obtaining a copy of the cadastral plan||65,00 EUR + 22 % VAT = 79,30 EUR|
|2.7. Obtaining other missing documentation and certificates||billed at an hourly rate 220,00 EUR/ hour + 22 % VAT = 268,40 EUR/ hour|
|2.8. Review of documents||is billed at an hourly rate 220,00 EUR/ hour + 22 % VAT = 268,40 EUR/ hour|
2.9. Other services (services to assist the customer in completing the tax return, notarization of signatures on the contract, etc.)
||billed at an hourly rate 220,00 EUR/ hour + 22% VAT = 268,40 EUR/ hour|
*the services are already included in the commission and are not charged additionally, unless the Real Estate Company is not entitled to the payment of the fee, but is entitled to reimbursement of actual costs in accordance with GTC and BC.
Administrative, court fees and notary services are not included in the service price.
General terms and conditions apply from 01 May 2023