Venexia, nepremičninsko posredovanje, d.o.o., Martinuči 3A, 5292 Renče
on the basis of article 15 of Real Estate Agencies Act (ZNPosr, Official Gazette of the Republic of Slovenia No. 72/2006 and 49/11, hereinafter:ZNPosr), on 31 July adopts the following
General terms and conditions and price list
overning the brokerage services in the real estate transactions
Table of contents:
- Introductory provisions
- Brokerage services
- Conclusion of the exclusive brokerage contract
- Obligations and duties to notify
- Insurance of iability
- Notice of completed transaction
- Mediation for both parties
- Transfer of brokerage services to another real estate company or broker
- Additional services, costs and price list
- Business secret and personal data protection
- Contractual penalty
- Limitation of liability
- Duration of the brokerage contract
These general terms and conditions and price list govern the business relationships between the real estate company Venexia d.o.o., Martinuči 3A, 5292 Renče, registration no..: 8685002000 , Tax number: SI , ID št. za DDV: SI 89448138 (hereinafter: Real estate company) and legal or natural person or sole proprietor or private individual (hereinafter: Client), who concludes the brokerage contract with the Real estate company.
These general terms are an integral part of each brokerage contract that the Real estate company concludes with the Client. If the brokerage contract contains the provisions, which are in conflict with these General terms and conditions, the agreed provisions from the brokerage contract apply if not in conflict with the applicable regulations.
Brokerage services that the Real estate company performs for the Client’s payment for commercial brokerage of real estate (or brokerage commission) are:
- concluding the brokerage contract,
- inspections (after concluding the contract) of actual condition of the real estate,
- inspections of the real estate’s legal status, thus obtaining all the necessary information and certificates of transferring rights, possible encumbrances and legal errors and/or obstacles from the Client or third parties or the public records, to conclude the intended business transaction,
- investigation of commercial situation and determination of the approximate price together with the Client, at which the real estate is to be sold, lease, bought, rented or otherwise put into circulation,
- informing the Client about the legal and factual circumstances of the real estate: drawing attention to possible factual errors relevant for the utility and price of the real estate; informing the Client about any special circumstances of intended transaction; especially about commercial situation on the market, which are relevant for determining the price of the real estate, material provisions relevant for a valid conclusion of the contract, about the amount and type of tax liabilities (which are normally related to the transaction), notary cost expenses, entry in the land registry and other costs connected with the contract, and of possible risks related with unregulated status of the real estate in the land registry, registered rights in rem or other rights of third persons on the real estate or other possible unregulated legal relations regarding the real estate and the ownership of the real estate,
- seeking the opportunities for conducting business transactions and informing thereof the Client and pursuing the overall possibilities for establishing contact between the Client and third party, who would negotiate with the Client in order to conclude the intended business transaction,
- arranging the marketing in accordance with its usual business practice,
- arranging and leading organized tours of the real estate,
- communicating with the Client in written form and by the telephone (warnings, notices, certificates),
- advising on engagement of other experts (e.g. tax, economic, legal expert, land surveyor, evaluator, architect…), their coordination, gathering their offers etc.,
- participating in negotiations and preparations for the execution of intended business transaction,
- organizing and arranging the drawing of necessary documents supporting the intended business transaction (contracts, pre-contracts, etc.) from the lawyer with university degree,
- upon the client’s authorization carrying out the procedure for tax evaluation at Financial administration of Republic of Slovenia,
- upon the client’s authorization gathering all of the official certificates necessary for the execution of the transaction (confirmation of eligible use of land, pre-emptive rights, etc.),
- participating in the organization of the meeting for certification of signatures on the documents for execution of the transaction; delivering the necessary original documents to the notary meeting for creation of mortgage loan and checking whether the conditions for its delivery are met,
- retaining and storing the items entrusted by the Client and a third party (e.g. original documentation and keys) until the intended business transaction is concluded; or if agreed between the Client and third party even after the conclusion of the transaction (e.g. until the final execution of the obligations arising from the concluded transaction),
- monitoring the execution of the concluded transaction (e.g. payment in instalments, etc.),
- drawing up the certificate of partial or full payment of monetary obligation from concluded transaction, such as e.g. proof of partial or full payment of the contractual sum,
- participating in the handover of the real estate and drawing up the minutes.
- The services listed in this article are included in the price for brokerage. The commission agreed is not affected by the acts of the Client’s performance of any services listed above or if the services listed above are found unnecessary.
- The activities listed in this article are subjected to the additional agreement and special payment in accordance with Article 10 of these general terms.
The payment of brokerage commission (Commission) shall cover the costs for performing activities from Paragraph 1 of Article 2 of these General terms. The Real estate company is entitled to the right of full payment for the brokerage on the day of signing the contract, for which it intervened. The real estate company is also entitled to the commission if the contract is concluded under a suspensive or resolutive condition, as well as in the event of the pre-contract or earnest agreement has been concluded. The real estate company has the right to receive payment for its services even if contractual parties later withdraw from the concluded contract, as well as in the event, where the legal transaction is later declared void or challenged due to misleading and giving false information or remains unfulfilled for any other reason.
The Real estate company has the right to receive payment for its services even in the event if the Client or his close family member or capitally or otherwise related person concludes the contract for the real estate in brokerage with a third person, who was attained through the contact established by the Real estate company, where the contract was concluded within six months after the brokerage contract has been terminated.
The Real estate company is also entitled to receive payment if the Client prematurely terminates this contract. The act of termination is established by any written, oral or other (concludent) act of the Customer, by which the implementation or execution of the contract are no longer possible. The Real estate company is entitled to its commission even if the Client alone or through the other real estate company or intermediary finds the third with whom the contract subjected to the Real estate company’s brokerage services, is concluded, regardless whether the general terms are more or less favorable to the Client. In this event the services actually performed shall be charged at the prices relevant on the day of termination of the brokerage contract, but to a maximum of ¼ (one quarter) of the agreed brokerage commission. If a third person comes from the Client’s family or capital background, the Client shall pay the agreed payment in full.
Fees, other expenses, taxes and additional services from Article 10 of these General terms are excluded from the commission. All these expenses are due when they occur or when the additional service is performed. In order to secure the Client’s obligation of payment for actual expenses and additional services, the Real estate company may, at its discretion, demand an advance payment from the Client.
Conclusion of the exclusive brokerage contract
The Client and the Real estate company may conclude the exclusive brokerage contract. During the validity period of the exclusive brokerage contract, the Client shall not enter into another brokerage contract in connection with the same transaction or the same real estate with another real estate company, through another real estate company or any other third person or alone advertise or sell the same real estate. In the event of the exclusive brokerage contract The Real estate company may transfer the performance of brokerage services to another real estate company of its choice, whereas the Client remains in commercial relationship with the Real estate company and is entitled to obtain information about the real estate companies on which the performance of brokerage services was transferred.
Obligations and duties to notify
The Client selling, leasing or exchanging real estate is obliged to inform the Real estate company about all the important circumstances for performing brokerage services. Above all, the Client must accurately and fairly acquaint the Real estate company with the legal status of the real estate, hand over photocopies and enable insight into originals of important documents. The Real estate company must be informed about legal errors of the real estate and about possible rights of other persons on the real estate, both registered and unregistered in the land register, acquired by the contract or originally, and has to be fairly informed about the actual condition of the real estate and all clerical errors. When selling the real estate, the Client undertakes to hand over to the Real estate company all the original documents for its further use against the issuance of a special certificate. The Client shall not keep secret any non-payment of taxes or other obstacles on his part to enter into a legal transaction. The Client is liable to the Real estate company for payment of compensation in the event of untrue or withheld information causing damage to the Real estate company.
The Real estate company may not enter or withdraw from the brokerage contract in the event of intentional concealment of information or other breaches by the Client. In such case, the Client is obliged to reimburse the Real estate company for all actual costs incurred by the Real estate company through the brokerage.
The Client undertakes to realize all accepted commitments in the brokerage contract and in the business transaction contract. Otherwise, the Real estate company is not liable to any claims and receivables from the Client and/or third parties otherwise the Client is obliged to reimburse him for the damage he would have suffered under this title.
Based on its knowledge and experience, the Real estate company may propose a reduction or an increase of the contractually agreed approximately offered price. If the Client does not agree, the Real estate company may cease to provide further brokerage services, except for advertising on its website.
Insurance of iability
The Real estate company has its liability for damage caused to the Client or a third party by breach of the brokerage contract insured by the insurance company, in accordance with the provisions of ZNPosr.
Notice of completed transaction
The Client is obliged to notify the Real estate company immediately or no later than in 48 hours if the transaction has been concluded with a person who was not acquainted by the Real estate company and should be given all the details of this transaction. The Client has to provide the Real estate company with a photocopy of the contract, otherwise he also bears the costs of further brokerage.
Mediation for both parties
The Real estate company can perform brokerage services for both parties. In this case, the Real estate company takes equal care to protect the interests of both clients.
Transfer of brokerage services to another real estate company or broker
The Real estate company may partially or fully transfer the brokerage service to other real estate companies. The Client remains in a contractual relationship with the Real estate company from which he may request a list of real estate companies who acquire the performance of ordered brokerage services.
Additional services, costs and price list
The Client may order the Real estate company to perform additional services that are not included in the brokerage commission.
If the Client orders the Real estate company to perform additional services related to the real estate or transaction that is the subject of the brokerage contract, he pays the actual costs for these services, in accordance with the price list. Such special services shall be agreed in writing.
Unless otherwise agreed in the contract, the following shall be ordered and paid in particular:
Service Price (VAT not included) Conclusion of a brokerage contract 60,00 € Inspections (the first inspection includes examination of the actual condition of the real estate) 70,00 € Examination of the legal status of the real estate (which means obtaining all the necessary information and evidence from the Client or third parties or public records, regarding the right of disposal, possible encumbrances and legal errors and/or obstacles to the conclusion of the intended transaction) 50,00 € Informing the Client about the established legal and factual condition of the real estate and about identified errors or shortcomings (every started hour) 40,00 €/h Informing the Client and third parties about market and tax conditions on the market and about notarial costs 50,00 € Composition and submission of an advertisement 50,00 € Advertising on the website of the real estate agency and or on the advertising windows of the broker 25,00 €/month The costs of publishing advertisements in the amount of actual costs according to the price list of the advertising space in the advertising newspaper, web portal or in other advertising media. Written warnings, notices, certificates (1 item) 10,00 € and postage costs for every warning, notice, certificate Telephone communication with clients (per 1 call) 20,00 € Consultation and participation in negotiations and preparations for concluding a proposed transaction (every started hour) 80,00 €/h Consulting, coordinating and obtaining offers from other experts (e.g. from tax, economic, legal profession, land surveyor, evaluator, architect, bank, photographer) 20,00 €/per each expert Preparation/completion of the application for the real estate transaction procedure (Financial Administration of the Republic of Slovenia) 10,00 €/per page Preparation/completion of other applications 20,00 €/per page Obtaining official certificates necessary for the execution of the transaction (land use certificate, pre-emptive rights, plot plan, location information for construction, decision of the Administrative unit, Ministry of defence 30,00 € Obtaining an extract from the land register 40,00 € Obtaining other missing documentation or certificates 40,00 €/each document Obtaining copies of building and land use permit (1 item) 100,00 €/per each building land or object Safekeeping of documents or cash in fiduciary cash account 80,00 € Organization of a meeting for certification of signatures on concluded transaction documents (for every started hour) 20,00 €/h Delivery of the original contract to a notarial meeting for mortgage loan and verification of conditions for its delivery 100,00 €/1 delivery Monitoring of concluded transaction fulfilment resulting from the instalment payment 15,00 €/instalment Preparation of the certificate of partial or full fulfillment of the monetary obligation arising from the concluded transaction 50,00 € Participation in the handover of the real estate and drawing up the minutes Land: 100,00 € Houses, apartments 150,00 € Business premises, combined properties (house/parcel, residential/business premises: 200,00 € Preparation of an ordinary power of attorney for concluding legal transactions, statements of co-owners on non-exercise of pre-emptive rights with real estate 80,00 € Preparation of sale, lease or other contract for the main Real estate transaction 400,00 € Simple contract 250 € Preparation of legal documents that do not fall within the scope of the standard real estate transaction (easement agreements, legal opinions, division agreements, etc.) 200,00 € Simple contract 100,00 € Legal opinion 350,00 € Tax consultation exceeding the services mentioned in Article 2 of these General terms and conditions After the actual settlement, on the basis of prior written confirmation of the offer Other actual costs of obtaining additional documentation, which is missing but necessary to conclude the transaction Evident from the actual settlement, on the basis of prior written confirmation of the offer Preparation of the property for sale or lease (bleaching, cleaning, minor repairs, furniture replacement, other stylistic repairs, photography) Evident from the actual settlement, on the basis of prior written confirmation of the offer Advertising costs going beyond the normal practice of the Real estate company (e.g. at trade fairs, in the printed media or on radio or TV) Evident from the actual settlement, on the basis of prior written confirmation of the offer Costs of court and administrative fees and other costs for data gathered from official records Evident from the actual settlement Costs of valuers, experts and other professionals Evident from the actual settlement, on the basis of prior written confirmation of the offer Notarial costs After the actual settlement Participation in the transfer of subscriptions with suppliers to the new owner or tenant and notifications to the manager According to the time spent, 20,00 €/h + costs in the amount of 1% All other transactions not listed in Article 2 of these General Terms and Conditions, or special or unusual costs necessary for the execution of the brokerage contract. According to the time spent, 30,00 €/hour + costs in the amount of 1% or evident from the actual settlement
Business secret and personal data protection
Information and data related to the real estate from the brokerage contract and related to the Real estate company's efforts to conclude the contract and regarding the persons involved, which the Client learns from the real estate company, are its business secret and must be kept confidential. If the Client uses the mentioned information or discloses the information by informing the public or unjustified third parties, is obliged to reimburse the damage caused to the Real estate company or third parties.
For the purposes of concluding and executing the brokerage contract and implementing measures in the field of money laundering and terrorist financing, the Real estate company collects the Client's personal data at the time of concluding the contract and during its fulfillment. The collected personal data is protected by the Real estate company in accordance with the applicable regulations on the protection of personal data. The Real estate company might process the collected personal data for the purposes of executing the brokerage contract and for the purposes of further advertising or marketing their services. The personal data shall not be passed to third parties, except to the extent necessary for the execution of the brokerage contract, for the implementation of legal obligations or on the basis of explicit written consent. The real estate company can also process personal data after the execution of the contract if personal data is necessary for advertising. The Client may always inquire the legal representative of the real estate company which personal data the company collects and processes, how and on what basis it performs the collecting, whether it passes the information to third parties and for how long the information is stored etc. The Client can always request the deletion of personal data, unsubscribe from receiving commercial messages, etc.
If the Client without the knowledge of the Real estate company concludes the contract or a legal transaction with a counterparty introduced to the Client by the real estate company, or if the contract or the legal transaction is concluded by the Client's spouse or a close family member during the brokerage contract or within 6 months after the termination of the brokerage contract, the Client must pay the real estate company a contractual penalty in the amount of 2% of the value of the concluded transaction in addition to the commission. If the actual damage suffered by the real estate company is greater, the Client must reimburse all the damage.
In the event that the Real estate company finds a suitable third party who meets the Client's conditions and is willing to enter into a legal transaction with the Client under the Client’s conditions relating to the real estate as a subject of the brokerage contract, whereas the Client withdraws from the signing of contract, the client is obliged to pay the Real estate company, in addition to the actual costs, also a contractual penalty in the amount of the brokerage commission that the real estate company would have received if the transaction in which the real estate company had acted would be concluded.
Limitation of liability
The Real estate company is not liable to the Client for any damage, except where it is caused intentionally or as a result of negligence of the Real estate company or broker, established by a final court decision.
Duration of the brokerage contract
Unless otherwise determined in the contract, the brokerage contract is concluded between the Real estate company and the Client for a period of nine (9) months and may be extended for several times by the mutual agreement. The brokerage contract shall be considered extended for further nine (9) months if the Client does not notify the broker no later than eight (8) days before the expiry of the contractual deadline that the Contract is not to be extended.
The brokerage contract may be terminated by the Client at any time, provided that the termination is not in conflict with bona fide. The contract must be terminated in writing, with 8 days' notice period.
The court having its office registered in the place of the Real estate company has jurisdiction to resolve any disputes that the real estate company and the client would not be able to resolve amicably.