GENERAL TERMS

WEST PROPERTIES

GENERAL TERMS

WEST PROPERTIES d.o.o. Beograd, Baba Višnjina 38, Belgrade, MB: 20564695, PIB: 106255615, activity code: 6831,

Register Number in  MTTT : 416

 

 

I GENERAL PROVISIONS

General conditions of business West Properties d.o.o. Belgrade regulates the business relationship between the intermediaries in the real estate market and the lease of real estate and the principal (individual or legal entity). By concluding a brokerage contract, or by accepting these conditions, the Principal confirms that he is aware and agrees with the provisions of the General Terms and Conditions of the business of the intermediary in the sale and lease of immovable property. 

 

II DESCRIPTION OF THE POSSIBILITY OF WHICH A MEMBER IS LIABLE TO OBTAIN

• to conclude the Agreement on brokerage with the Principal in writing,

• To seek to find and bring in a relationship with the Principal of a person for the purpose of concluding a legal transaction,

• To give an objective opinion to the Principal on the price of the real estate or the amount of rent of immovable property in accordance with its characteristics, market conditions, as well as other relevant circumstances,

• to inspect the documents proving the property right or other real property right whose real estate or lease is the subject of brokerage and warn the Principal in particular of the possible risks related to the registration of the real estate in the real estate registers, the registered rights, or the fees on the subject immovable property, the existence of the right of pre-acquisition and the restriction in legal transactions in accordance with special regulations,

• Perform the necessary actions in order to present (present) real estate on the market, to place an advertisement in connection with the sale or lease of immovable property in an appropriate manner and to perform all other actions stipulated by the Brokerage Agreement that go beyond the usual presentation, and for what is entitled to special, pre-stated costs,

• to provide an overview of the real estate,

• to keep information on the personality of the Principal and, according to the written order of the Principal, to keep as a business secret the real estate data, in connection with whose trade or lease it provides, either in connection with that real estate or the business for which it is providing,

• to inform the Principal of all circumstances relevant to the subject matter that you know him,

• to mediate in negotiations and endeavor to reach the conclusion of the Agreement,

• Attending the conclusion of a legal transaction (Pre-contract and Contract),

• to attend the handover of immovable property.

 

It is considered that the Mediator has enabled the Principal to liaise with another person (physical or legal) about negotiation for the conclusion of a legal transaction, if it is possible for the Principal to contact the other person with whom he negotiated the legal transaction, especially if:

• Directly or sent the Principal or a third person to look at the real estate in question,

• organized a meeting between the Principal and the third party for negotiation for the conclusion of a legal transaction,

• The principal has communicated the name, telephone, fax or e-mail address of the third party interested in the conclusion of a legal transaction or if he has informed him of the exact location of the requested real estate.

 

Obligations of the Principal

• to inform the Mediator of all circumstances that are of significance for the conduct of mediation,

• to provide the Mediator with an insight into the originals of documents proving his right to real estate that is the subject of traffic, or to alert the Intermediary to all recorded and unrecorded bills that exist on the real estate,

• to provide to the Mediator and the person interested in the conclusion of the legal transaction the examination of the real estate, in the agreed manner and at the agreed time,

• to inform the Agent of all relevant information about real estate, which in particular includes accurate information about price, location, structure, etc.,

• to pay to the mediator an agreed remuneration, and, if it is specifically agreed, to compensate the intermediary for other expenses incurred during the mediation,

• inform the Intermediary in writing about all changes in relation to the mediated business, and in particular about changes related to rights to immovable property, deadlines and prices, and within 3 (three) days of the change,

• immediately inform the Intermediary that the person who has examined the immovable property through the Intermediary has shown interest to conclude without a Dealer a Contract / Pre-Agreement on the Sale of Real Estate, a Real Estate Lease Agreement, or perform any other legal business resulting from the work of the Broker.

 

 

 

III EXERCISING RIGHTS TO MEDIATOR FEES

 

The intermediary acquires the right to an intermediate fee at the time of concluding the contract for which it has mediated, unless the Mediator and the Principal have agreed to acquire the right to an intermediate fee at the time of the conclusion of the pre-requisition for which the Intermediary has mediated.

The mediator may not require partial payment of an intermediary fee in advance, or before the conclusion of the pre-contract or contract, for which he has mediated, in accordance with the preceding paragraph.

The amount of brokerage fee, that is, the method of determining the amount of brokerage fee, as well as the type and amount of costs for additional services of the Intermediary, are determined by the Price List of Intermediary Services which is an integral part of these General Terms and Conditions of Business.

The mediator may negotiate the right to reimbursement of the additional costs necessary for the execution of the order, regardless of the success of the mediation, and asks him to pay funds in advance for certain expenses, as expressly stated in the Brokerage Agreement.

The mediator is entitled to an intermediate fee if the spouse, or the spouse, the descendant or the parent of the person with whom the mediator has brought in the relationship of the Principal, concludes the legal transaction.

If, upon the termination of the Agreement on Mediation, upon the termination of the Contract by the Principal, and within a period not longer than one month from the date of termination of the validity of the contract, the Principal concludes a legal transaction which is the direct consequence of the mediator's brokerage before the termination of the Brokerage Agreement, the Mediator shall pay the agreed brokerage fee in whole, unless otherwise provided by the brokerage contract.

If, under the condition and within the deadline referred to in the preceding paragraph, the Principal concludes a legal transaction which is largely the result of the Mediator's brokerage prior to the termination of the Brokerage Agreement, he shall pay the Intermediate a proportionate brokerage fee, unless otherwise agreed by the Brokerage Agreement.

The mediator or the Sub-agent is not entitled to compensation for mediation, if with the Principal on behalf of him, as a contracting party, he concludes the Contract that is the subject of mediation, or if such Contract with the Principal is concluded by the person who carries out brokerage activities for the Agent or the Sub-agent.

 

IV GENERAL PROVISIONS

The provisions of the laws regulating this field and the Law on Obligations shall apply to relations between the Principal and the Mediators that are not regulated by these General Terms and Conditions of Business, and have not been agreed upon by the Brokerage Agreement.

 

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