General conditions of mediation
GENERAL TERMS OF MEDIATION FOR
Developed and approved by the Real Estate Union of the Slovak Republic
valid for
DESIRE REAL, Ltd., ID no: 47 312 246 and DESIRE REALITY, Ltd, ID no: 52 038 084
Tieto podmienky sú v súlade so Smernicou Európskeho parlamentu a Rady č. 2011/83/EÚ z 25. októbra 2011 o právach spotrebiteľov, s právnymi predpismi Slovenskej republiky a najvyššími štandardami korektného sprostredkovania predaja, prenájmu a kúpy nehnuteľností.
Article I.
GENERAL PROVISIONS
1.1. These General Terms Conditions (hereinafter referred to as the “Conditions” or the “VPS”) govern the rights and obligations of the Intermediary and the Applicant in connection with the mediation of purchase, sale, lease or rental of real estate arising from the concluded Mediation Agreement ”(hereinafter also referred to as the“ Agreement ”). ), part of the content of which is determined by reference to these Terms. These Terms and Conditions are an integral part of the Agreement. Legal relations established by the Agreement shall be governed by the provisions of the Agreement, the provisions of these Terms and applicable law. The provisions of the Agreement shall prevail over the provisions of these Terms.
1.2. Legal relations regulated by these Conditions are governed 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 have the meanings set forth 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 (Intermediary Agreement), on the basis of which the Intermediary undertakes to procure for the Candidate for commission the conclusion of the Agreement on transfer of ownership of the Real Estate or Lease Agreement for Real Estate with a third party and the Interested Party undertakes to pay the Intermediary the commission Broker.
Lease agreement - an agreement under which the lessor leaves the Real Estate or part of it for use to a third party (tenant) for an agreed fee (rent). The Lease Agreement or any other agreement by which the Applicant leaves the Property 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 point 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. Flat-rate reimbursement of expenses mainly represents expenses for advertising and provided professional assistance, including legal assistance provided by a law firm. Unless the Parties have agreed otherwise, the Flat-rate Reimbursement of Expenses shall be eighty percent of the value of the Intermediary's commission, as determined in point (C) of the Agreement. The Parties declare that the Flat-rate Reimbursement of expenses thus determined is sufficient and appropriate.
Real estate services - mediation of concluding the Contract.
Mediator - a party to the Mediation Agreement, which is also identified in the Agreement.
Party (in the plural of the Party) - the contracting party (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 related party's relative, sibling, spouse, partner. Serious reasons do not include those reasons which the Party knew or could have assumed Serious reason or its consequences prior to the conclusion of the Agreement.
Exclusive mediation - a form of mediation agreed for a definite period of time, during which, at the request of the Applicant, the only person authorized to mediate the sale of the Real Estate is the Intermediary, as provided for in the Mediation Agreement. Unless the Parties agree otherwise, the Interested Party is not entitled to secure the conclusion of the Agreement 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.
Property Transfer Agreement - any contract for consideration or non-consideration that results in the transfer of ownership of the Property or the transfer of a business share or ownership interest in the company that owns the Property.
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.
3.5. The intermediary is liable for defects in the Real Estate Services pursuant to § 622 and § 623 of the Civil Code. Information on the procedures for applying and handling complaints, grievances and complaints is published on the Mediator's website.
3.6. The Intermediary is not liable to the Applicant for fulfilling the obligations of third parties concluded Contracts.
Article IV.
OBLIGATIONS OF THE INTERMEDIARY in arranging the sale or rental of Real Estate
4.1. The Intermediary is obliged to actively seek out 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 a Contract with the Applicant, the Intermediary is obliged to publish the Real Estate offer in 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 Intermediary will offer the Real Estate at the requested 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 Real Estate Broker will offer the Required Price (monthly) rent for the Applicant, adding the required energy price to the Applicant, as stated in point (C) para. 2) Agreements.
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 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 is caused to the Real Estate and / or the property of the Applicant in this Real Estate,
d) upon 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 in arranging the purchase or lease of Real Estate
5.1. The Intermediary is obliged to actively seek out third parties - the owners of the Real Estate who are interested in concluding a Contract with the Applicant.
5.2. The Parties have agreed that in case of interest in the purchase of the Real Estate, the Intermediary will look for the Real Estate at the price accepted by the Candidate, as stated in point (C) para. 1) Agreements and in case of interest in renting the Real Estate, the Intermediary will look for the Real Estate at the Interested Party's accepted price of (monthly) rent, including the price of energy, as stated in point (C) para. 2) Agreements.
Article VI.
GENERAL OBLIGATIONS OF THE INTERESTED PARTY
6.1. The Candidate undertakes to pay a commission to the Intermediary if the Contract has been concluded with the intervention of the Intermediary, as follows from the Agreement.
6.2. The Candidate is obliged to notify the Broker without undue delay of all important facts related to the brokerage, in particular facts that may affect the Candidate's decision to enter into the Contract.
6.3. The Candidate 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 fulfil 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 competent persons and to enable 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 agreement, a mediation agreement, a contract for the sale of property or any other similar agreement for the duration of the exclusive mediation, the object of which would be to mediate the transfer of ownership of the 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 determined in point (C) para. 1) Agreements entitled “Financial Terms 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 mediation; or reimburse the Intermediary the Flat-rate Reimbursement of expenses, which is calculated from the amount of the commission specified in point (C) para. 2) Agreements entitled "Financial conditions in the case of RENTALS of Real Estate", in the column "Intermediary Commission", provided that the subject of the mediation is the rental of Real Estate. The parties declare that the amount of the Flat-rate Reimbursement of Expenses is measured 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 Intermediary's account no later than within 10 days from the delivery of the invitation addressed to the Applicant.
7.5. If the Intermediary inspects the Real Estate with a third party that was previously introduced to the Candidate (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 the third party. with the Intermediary; otherwise, 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 carries out an inspection of the Real Estate with the Candidate, which was previously introduced to the Candidate by another person (eg another intermediary), the Candidate is obliged to inform the Intermediary in writing (eg on the inspection report), without delay, at the latest Intermediaries; otherwise, the Property is unknown to the Applicant.
Article IX.
GENERAL PROVISIONS ON THE COMMISSION
9.1. The Intermediary is entitled to commission on the day of signing the Contract.
9.2. The commission is payable upon signing the Agreement.
9.3. Any reciprocal financial claims that may arise between the Parties may be set off unilaterally.
9.4. The commission is paid by non-cash payment system or in cash. The Candidate 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 Applicant, despite expressing interest and preliminary (for example, oral) consent to conclude the Contract, finally refuses 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 Intermediary's account no later than within 10 days from the delivery of the invitation addressed to the Applicant.
Article X.
COMMISSION
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", part of the Broker's Commission section ". If the intermediation is a 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", part of the Intermediary's 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 required 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 retained, in the amount 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 Required Price for the rental of Real Estate below the amount specified in point (C) para. 2) of the Agreement (in the section “Required rent price”), the Intermediary's right to commission remains retained, 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 commission even if the Applicant enters into a Contract with a third party designated by the Intermediary as a person suitable for concluding such a Contract without further cooperation of the Intermediary (eg by inspecting the Real Estate with this person). The Intermediary is entitled to a commission in the same way if the Applicant 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 Applicant 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 exclusive mediation in the sale of Real Estate is indicated in point (D) of the Agreement and the Applicant enters into the Real Estate Agreement without any connection to the Broker's activities during the exclusive mediation activity under point (D) of the Agreement, or by a third party, the Applicant undertakes to reimburse the Intermediary the Flat-rate Reimbursement of Expenses, which is calculated from the amount of the commission specified in point (C) paragraph 1) of the Agreement entitled "Financial Conditions in case of SALE of Real Estate". In the event that exclusive real estate brokerage is indicated in point (D) of the Agreement and the Applicant enters into a Lease Agreement or similar for the Real Estate without any connection to the Broker's activity during the term of exclusive mediation under clause (D) of the Agreement, the Candidate undertakes to pay the Intermediary reimbursement of expenses, which is calculated from the amount of the commission specified in point (C) para. The Parties declare that the amount of the Flat-rate Reimbursement of Expenditures 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 intermediary's account no later than within 10 days from the delivery of the invitation addressed to the Applicant.
Article XI.
COMMISSION in arranging the purchase or lease of Real Estate
11.1. If the subject of the 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 Purchase 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 the case of Purchase 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 Agreement with a third party designated by the Intermediary as a person suitable for concluding such an Agreement without further cooperation of the Intermediary (eg by inspecting the Property owned by this person). The Intermediary is entitled to a commission in the same way if the Applicant 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 in the same way if the Applicant 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 the Real Estate, the right to commission to the Broker remains retained even if the Candidate concludes a Contract for such Real Estate 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 Candidate at the conclusion of the Agreement to cover the Flat-rate 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 delivery address. 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 shall preferably take place 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.
12.4.A party that has changed its address is obliged to inform the other Party without undue delay.
Article XIII.
TERMINATION OF THE AGREEMENT
13.1. The Agreement terminates by fulfilling its subject, by agreement of the parties, by written notice, resignation or termination of the Mediator 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 arranged exclusive mediation, either party 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 only if the Mediator is demonstrably inactive.
13.4.The 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 later day is stated in the notice.
13.5.The Candidate has the right to withdraw from this Agreement without giving a reason within 14 days. The period for withdrawal from the Agreement shall expire 14 days from the date of conclusion of the Agreement. Upon exercising the right to withdraw from the Agreement, the Applicant shall send a notice of withdrawal from this Agreement to the Intermediary (for example by post, fax or e-mail) to the address of the Intermediary specified in the Agreement. For this purpose, the applicant may use the standard form for withdrawal from the Agreement, which is Annex No. 3 to this Agreement. The period for withdrawal from the Agreement is maintained if the Applicant sends a notice of the exercise of the right to withdraw from the Agreement before the expiry of the period for withdrawal from the Agreement.
13.6.Upon withdrawal from the Agreement, the Intermediary shall return to the Candidate all payments made by the Candidate to the Intermediary in connection with the conclusion of the Agreement. Payments will be returned to the Applicant without undue delay, no later than 14 days from the date on which the Intermediary received the notice of withdrawal of this Agreement. Refunds will be made in the same manner as used by the Applicant, unless the Candidate has expressly agreed to another method of refund, without charging any additional fees.
13.7.If the interested party has requested the commencement of the provision of Real Estate Services during the period for withdrawal from the Agreement, it is obliged to pay the Intermediary the price for the services actually provided by the day the Intermediary received the notice of withdrawal from this Agreement.
13.8.The Candidate may not withdraw from the Agreement if the provision of Real Estate Services has begun with the express consent of the Candidate and the Candidate has stated that he has been duly informed that by giving this consent he loses the right to withdraw from the Agreement after full provision of Real Estate Services. provision of Real Estate Services.
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 with the agreement of the parties and only 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.
14.5.The Candidate gives his / her consent to the use of general data on Real Estate and photographic documentation of Real Estate for the purpose of advertising in the print media, on the Internet, etc.
14.6.These conditions are an integral part of the Agreement concluded between the Intermediary and the Candidate, and are binding on both parties. The legal relations arising from the Agreement are governed by the Terms and Conditions in force at the time of the conclusion of the Agreement.
14.7.Should any provision of the Terms become invalid or ineffective to a limited extent, the other provisions of the Terms shall remain in full force and effect. In such a case, the parties undertake to replace the relevant provision with a valid provision that is closest in content to the invalid or ineffective provision.
14.8.The Agreement and the Terms and Conditions are governed in their entirety by the law of the Slovak Republic.
These Terms and Conditions shall enter into force on 1.7.2014.