M&N – IRE, posredovanje z nepremičninami, d.o.o., from the Real Estate Brokerage Agreement, on the basis of the Real Estate Brokerage Act (Official Gazette of the Republic of Slovenia, no. 72/06, 50/06 - ZMVN, 49/11 and 47/19) and the Code of Obligations (Official Gazette of the Republic of Slovenia, no. 83/2001, 32/2004, 28/2006 - dec. US, 40/2007, 64/2016 - dec. US, 20/2018) adopts the following general terms and conditions.
1. INTRODUCTION
These General Terms and Conditions govern the legal relationships between M&N – IRE, posredovanje z nepremičninami, d.o.o., and the Client and are an integral part of any brokerage agreement concluded by M&N – IRE, posredovanje z nepremičninami, d.o.o. with the Client. If the brokerage contract contains provisions that are contrary to these General Terms and Conditions, the provisions of the brokerage contract shall prevail.
2. BROKERAGE SERVICES
2.1 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., provides services of mediation in the sale or purchase of real estate, renting, leasing or other contract, the subject of which is real estate.
In addition, it provides legal advisory services in the field of real estate and real estate valuation services.
2.2 The brokerage services referred to in point 2.1 cover in particular the following transactions performed by M&N – IRE, posredovanje z nepremičninami, d.o.o., for the client, if and insofar as this is dictated by the environment ofthe individual transaction:
- reception and execution ofthe brokerage order;
- establishing the identity of the client by inspecting the personal document and public records;
- obtaining contact information about the client for the purpose of connecting them to a third party (personal name/company, address/registered office, telephone, fax, e-mail, etc.);
- obtaining personal data or identification data of the client or a third party for the preparation of the written contract, the subject of which is real estate (personal name/company, address/registered office, parent company, tax number, personal account number or transaction account);
- preparation of a real estate brokerage contract specifying the scope of brokerage services, proposal of the amount of the brokerage fee, terms of payment and other components in accordance with the law governing real estate brokerage;
- informing the client and the third party about the content of regulations which are relevant for the valid conclusion of the contract on agency services;
- informing the client and the third party of the amount and type of tax obligations, possible costs of notarial duties, costs of entry in the land register and any other costs related to the conclusion of the contract;
- informing the client and the third party about the situation on the market, relevant for setting the price of the real estate or rent;
- establishing the actual condition ofthe real estate by carefully inspecting the real estate;
- determining the information and telecommunication and utility equipment of the real estate and reviewing the landscaping and determining other characteristics of the real estate;
- determining the legal status of the real estate on the basis of data from official records and public books (in particular the land register, land cadastre, building cadastre or, if the real estate is not entered in the land register, on the basis of documents proving the existence of property rights, other material rights and obligations and other legal facts);
- written notification of the contracting authority and third parties about obvious material errors and legal errors found during the review of the actual and legal status of the real estate;
- informing the client and the third party about the risks arising from the unregulated legal status of the real estate, in particular the rights of third parties on the real estate, public law restrictions, etc.;
- preparation of an appropriate advertising strategy and implementation of regular real estate advertising.;
- informing the third party about the real estate and the key characteristics of the real estate, organizing and conducting visits in the presence of the client, organizing meetings between the client and the third party, providing contact information defined in the agency contract by the data subject, to the third party or the client, when both show a serious interest in negotiating the conclusion of the contract, the subject of which is real estate;
- real-time telephone, written and online communication with the client and third parties and real-time informing of the client regarding the provision of real estate brokerage services;
- participation in the negotiations for the conclusion of the contract, for which the company M&N – IRE, posredovanje z nepremičninami, d.o.o., mediates.
2.3. The brokerage fee covers the costs of performing the activities referred to in point 2.2.
2.4 After the written notice of M&N – IRE, posredovanje z nepremičninami, d.o.o., on the contact with a third party, the client must inform M&N – IRE, posredovanje z nepremičninami,d.o.o., in writing within 3 (three) working days of this notice of the fact that they have previously been brought into contact with the same third party by a competing (real estate) company. Otherwise, it is considered that the client was placed in contact with a third party by the company M&N – IRE, posredovanje z nepremičninami, d.o.o..
2.5 The same as in point 2.4 shall apply mutatis mutandis in the event that the client finds and contacts a third party on their own.
3. ADDITIONAL SERVICES
3.1 In the brokerage contract or with a special order, the parties will determine the type, amount and price of additional costs (according to the valid price list), if the broker will, in addition to brokerage by prior agreement with the client, provide other services related to the transaction that is the subject of brokerage.
3.2 In particular, the following are considered as additional services: preparation of a draft contract, the subject of which is the real estate, representation in the procedures for obtaining approvals, permits and other documents necessary for the conclusion of a contract, the subject of which is the real estate, organization or preparation of an appraisal of the real estate or an opinion on the price, organization of relocation, implementation of minor maintenance and repair tasks, obtaining an energy certificate, representation in the tax procedure, regulation of the legal status of the real estate, management of funds on the fiduciary account, storage of documents and others.
3.3 The prices of additional services are defined in the applicable price list of the company M&N – IRE, posredovanje z nepremičninami, d.o.o..
3.4 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., is entitled to payment for the additional services provided, even if the Contract, the subject of which is the real estate, has not been concluded.
4. MEDIATION FEE
4.1 M&N – IRE, posredovanje z nepremičninami, d.o.o., acquires the right to payment for mediation when the contract in the conclusion of which it was mediated has been concluded.
4.2 Unless otherwise specified in the brokerage contract,the brokerage fee shall be equal to:
4.2.1 if the subject of mediation is the sale or purchase of real estate: in the amount of 4% of the price agreed in the contract for which it was mediated;
4.2.2 if the subject of the mediation is rent or lease: an amount not exceeding 4% of the contract value, but not more than the amount of one month's rent and not less than EUR 150. The contractual value referred to in the previous sentence is the multiplication of the amount of the monthly rent and the number of months for which the real estate is rented.
4.2.2.1 The provisions ofArticle 4.2.2 shall not apply to real estate brokerage contracts concluded between economic operators.
4.2.3 Unless otherwise specified in the brokerage contract concluded between economic operators, in the event that the subject of the brokerage is a lease or rent: payment for the brokerage of two months' rent, agreed in the contract in which the company M&N – IRE, posredovanje z nepremičninami, d.o.o., mediated.
4.3 M&N – IRE, posredovanje z nepremičninami, d.o.o., is entitled to payment for additional services in the amount of actual costs and maximum in the amount specified in the valid price list of M&N – IRE, posredovanje z nepremičninami, d.o.o., and in the real estate brokerage contract concluded between M&N – IRE, posredovanje z nepremičninami, d.o.o., and the client, and only if the payment for additional services is agreed in writing between the parties.
4.4 M&N – IRE, posredovanje z nepremičninami, d.o.o., is also entitled to a brokerage fee if the contracting parties later withdraw from the concluded contract.
4.5 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to a brokerage fee even in cases where the client or his/her family member concludes a contract in relation to the real estate that was the subject of the brokerage with a third party with whom the client was informed by the real estate agent and this contract was concluded within six (6) months after the termination of the brokerage contract.
4.6 The Client is aware that the company M&N – IRE, posredovanje z nepremičninami, d.o.o., may conclude a brokerage agreement in relation to the real estate, which is also the subject of brokerage with a third party. In this case, the client agrees that the company M&N – IRE, posredovanje z nepremičninami, d.o.o., may also charge a third party for the brokerage. In no case shall thepayment for the mediation of the contracting authority and the third party together amount to more than 4% of the contract price.
4.7 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., does not have the right to a brokerage fee, if it concludes a contract with the client that was the subject of the brokerage itself, or if such a contract is concluded with the client by a real estate agent who performed brokerage activities for the real estate company.
4.8 When exchanging immovable property, it is as if two transactions have been carried out. If the rental occurs first, and then the sale of the same property, the intermediary is entitled to payment for mediation for the rental and for the sale.
4.9 In the case of mediation in the sale or purchase of real estate, the value of which is less than EUR 10,000.00, the payment for the mediation of the real estate company is set at a fixed amount of EUR 1,000.00.
4.10 The amount of the brokerage fee referred to in this Article 4 shall not include VAT. Since M&N – IRE, posredovanje z nepremičninami, d.o.o., is liable for the paymentof VAT, 22% VAT must be added to the stated price. The brokerage fee also does not include fees, taxes, notarial and other additional services.
5. REIMBURSEMENT OF COSTS
5.1 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to reimbursement of the costs of notary services, taxes, court and administrative fees, fees for certificates and permits required for the valid conclusion of the contract or verification of the signature of the transferor on the land registry permit, which were incurred in the provision of services in accordance with the brokerage contract or in the provision of additional services referred to in point 3 of these general conditions.
5.2. The company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to reimbursement of other costs, in addition to the costs referred to in point 5.1. of these general terms and conditions, only if expressly agreed in the agency contract.
5.3. The company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to reimbursement of the costs of 5.1. and 5.2. of these general terms and conditions even if the contract has not been concluded.
5.4. Points 4.7, 4.8 and 4.9 of these general conditions shall apply mutatis mutandis to the payment of costs referred to in points 5.1 and 5.2 of these general conditions.
6. TYPE OF BROKERAGE CONTRACT
6.1. In the event that the client signs a contract, where the company M&N – IRE, posredovanje z nepremičninami, d.o.o., is the only one authorized to mediate (exclusive agency contract) for a specific real estate, the client may not, during the validity of the agency contract, conclude an agency contract with another real estate company, through it or through a third person, or independently advertise or sell the real estate in question. The Client undertakes that M&N – IRE, posredovanje z nepremičninami, d.o.o., will provide information on all clients or other persons who have made personal contact with them in relation to the real estate subject of an exclusive agency contract. In the event that the contracting authority fails to fulfill its obligations or violates them, it is obliged to pay the intermediary a brokerage fee in accordance with the concluded contract, for which the brokerage was carried out during the validity of the brokerage contract. In this case, the payment for the brokerage is calculated according to the specified indicative price specified in the brokerage contract. The company M&N – IRE, posredovanje z nepremičninami, d.o.o. and the client thus agree that the company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to a brokerage fee even when the client himself finds a third party with whom he concludes a contract that was the subject of the brokerage.
6.2. The company M&N – IRE, posredovanje z nepremičninami, d.o.o., and the client may agree to sign a brokerage agreement as the sole broker, so that in point 5 of the brokerage agreement they explicitly and visibly write "sole broker" in the blank line. In this case, during the term of the brokerage agreement, the contracting authority may not conclude a brokerage agreement with another real estate company in relation to the same real estate, but may, through it or a third party independently sell the same real estate, but may not advertise the same real estate in the same ways as M&N – IRE, posredovanje z nepremičninami, d.o.o. does. M&N – IRE, posredovanje z nepremičninami, d.o.o., and the client agree that M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to a brokerage fee even when the client himself finds a third party with whom he concludes a contract that was the subject of the brokerage. In this case, half (1/2) of the brokerage fee is charged, which is calculated according to the selling price specified in the contract, and M&N – IRE, posredovanje z nepremičninami, d.o.o. undertakes to carry out the entire real estate sale procedure.
6.3. If the client signs a contract with several real estate companies in order to sell the real estate, in this case the parties do not consider their relationship as exclusive, but the client is obliged to agree to all the provisions of this contract, in particular the obligation to cooperate. In the case of an open-ended contract, the contracting authority undertakes that no person advertising the real estate will advertise it at an indicative price lower than the price specified in this agency contract. If M&N – IRE, posredovanje z nepremičninami, d.o.o., does not have the right to a brokerage fee, the brokerage contract with the client includes the client's obligation to reimburse the actual costs incurred in connection with the provision of brokerage services. The amount of actual costs that M&N – IRE, posredovanje z nepremičninami, d.o.o., charges to the client for real estate brokerage services amounts to a maximumof EUR 150. 6.4. The Contracting Authority allows M&N – IRE, posredovanje z nepremičninami, d.o.o., to verify the data on the purchased, sold or leased real estate with the competent tax authority, in the land register or the register of lease contracts in terms of the performance of this contract. In the event of mediation in the sale or purchase or in the exchange of real estate, M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to a payment for mediation in the amount of 4% of the contract value. Payment for mediation is paid by the contracting authority. The contracting authority is the entity which orders the service.
7. FIDUCIARY ACCOUNT
M&N – IRE, posredovanje z nepremičninami, d.o.o., may accept from the client or a third party, in connection with the performance of the legal transaction in which it has mediated, a task of safekeeping funds, if it has a contract with the bank for the management of a fiduciary account and if the client or a third party authorizes it in writing.
8. OTHER OBLIGATIONS OF THE CLIENT
When signing the brokerage contract, the client undertakes and guarantees:
- that the information provided by him and contained in the annexes to this contract is true, accurate, complete and valid and that he does not know any material defects on the real estate, which he did not disclose to M&N – IRE, posredovanje z nepremičninami, d.o.o.;
- immediately, but no later than within 8 (eight) days of the change, notify M&N – ire, posredovanje z nepremičnine, d.o.o. in writing of any change in its interests (sales price, date of occupancy, etc.) and of any change in the actual or legal situation of the real estate;
- to submit to the company M&N – IRE, posredovanje z nepremičninami, d.o.o., all documentation related to the real estate that is the subject of brokerage (all evidence of ownership: land registry extract and all possible sales contracts, building permit, location information and all other documents required in the trade with real estate); in the event that the contracting authority does not have the necessary documents or these are not arranged, they are provided or arranged by M&N – IRE, posredovanje z nepremičninami, d.o.o. on the basis of the order for additional services; costs and taxes of such services or arrangements of documents are not included in the payment for mediation and are paid by the contracting authority as an additional service;
- that they will negotiate the sale of the real estate with a third party referred by the broker to the client exclusively in the presence of the broker;
- to cooperate with the real estate agent in the saleof the property. If the client does not allow the intermediary to show the real estate to a third party without their presence, they must always be available to the intermediary so that the latter can show the real estate together with the client.
- to pay the broker for brokerage at the same time as the conclusion of the sales contract, exchange contract or other contract;
- in the event that the intermediary is not present at the time of signing the sales contract or other contract referred to in Article 1, the client is obliged to inform the intermediary no later than the first working day from the conclusion of the above-mentioned contract;
- in the event that the real estate will also be marketed by the client independently or by other real estate companies, the real estate will be marketed under the same conditions as agreed in this contract; - in the event that the real estate agent submits a valid purchase offer to the client for the conclusion of a contract for the real estate which they provide brokerage services for, the client will submit a written statement of approval or rejection of the purchase offer within 48 hours of receipt of the purchase offer.
9. PROTECTION OF THE INTERESTS OF THE CLIENT AND IMPARTIALITY IN MEDIATION
9.1 When providing brokerage services, the company M&N – IRE, posredovanje z nepremičninami, d.o.o. must act in accordance with the interests of the client and must inform the client in an appropriate manner of all circumstances that are important for the realization of their interests.
9.2 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., must clearly and in writing warn the client about possible conflicts between the interests of the client and the interests of M&N – IRE, posredovanje z nepremičninami, d.o.o., or other clients for whom M&N – IRE, posredovanje z nepremičninami, d.o.o., provides real estate brokerage services.
9.3 When providing brokerage services, M&N – IRE, posredovanje z nepremičninami, d.o.o., must equally take care of the protection of the interests of both the client and the third party with whom they have put the client into contact, and act impartially, except when, on the basis of an explicit agreement with the client, it represents only the client's interests.
9.4 When the company M&N – IRE, posredovanje z nepremičninami, d.o.o., on the basis of an agreement with the client or investor, represents the exclusive interests of the client in the mediation, it must clearly and in writing warn the third party with which it has put into contact with the client, that it acts as a representative and not as an intermediary.
10. MEDIATION FOR BOTH PARTIES
M&N – IRE, posredovanje z nepremičninami, d.o.o., may mediate for both parties. When providing brokerage services, M&N – IRE, posredovanje z nepremičninami, d.o.o. equally takes care of the protection of the interests of both the client and the third party whom the broker has put into contact with the client.
11. OBLIGATIONS UNDER THE LAW ON THE PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
All real estate companies are liable under the Prevention of Money Laundering and Terrorist Financing Act (Official Gazette of the Republic of Slovenia, no. 68/16) and when entering into a business relationship, they must perform an inspection of the client, which includes: establishing and verifying the identity of the client, determining the beneficial owner of the client, if the client is a legal entity, obtaining data on the purpose and intended nature of the business relationship or transaction and other data under the law, regular careful monitoring of the business activities carried out by the client with the taxpayer. In view of the above, M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right and duty to obtain and verify (also by inspecting the identity document) the following personal data of the client and the client's legal representative: personal name, address of permanent or temporary residence, date and place of birth, tax number and number, type and name of the issuer of the official identity document.
12. PROTECTION, PROCESSING AND USE OF PERSONAL DATA
12.1 All information and data obtained by the Client from M&N – IRE, posredovanje z nepremičninami, d.o.o., are confidential and considered a business secret, except for information and data that is publicly available.
12.2 In order to fulfill the obligations under the brokerage contract, the General Conditions and the obligations imposed by the Act on the Prevention of Money Laundering and Terrorist Financing, M&N – IRE, posredovanje z nepremičninami, d.o.o. may, in accordance with the regulations governing the identity card and travel documents, inspect and transcribe the data from the identity document (personal name, address of permanent or temporary residence, date and place of birth, tax number and number, type and name of the issuer of the official identity document).
12.3 When explicitly dictated by the nature of a particular transaction (e.g. verification of the signature of the client or a third party, conclusion of a purchase contract, etc.), M&N – IRE, posredovanje z nepremičninami, d.o.o. may, based on the written consent of the holder from which a predetermined purpose arises, photocopy the holder's identity document. M&N – IRE, posredovanje z nepremičninami, d.o.o., on the photocopy of the identity document indicates: that it is a copy, its name, explicitly determined purpose of photocopying and legal basis for photocopying – clearly visible consent of the holder of the identity document.
12.4 M&N – IRE, posredovanje z nepremičninami, d.o.o., undertakes not to further copy the client's personal document. M&N – IRE, posredovanje z nepremičninami, d.o.o., may not keep a copy of the identity document in electronic form.
12.5 M&N – IRE, posredovanje z nepremičninami, d.o.o., undertakes to permanently 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, implementing, amending and terminating the agency contract, and the contract of which the real estate is the subject. For any use of personal data for other purposes, M&N – IRE, posredovanje z nepremičninami, d.o.o., will obtain the prior written consent of the client.
12.6 The data subject shall have the right to obtain, from M&N – IRE, posredovanje z nepremičninami, d.o.o., confirmation as to whether or not personal data concerning him or her are being processed, access to the personal data and the purpose of the processing, the type of personal data concerned; the recipients or categories of recipients, in third countries or international organisations; the envisaged period for which the personal data will be stored or the criteria used to determine that period
12.7 The data subject shall have the right to request, from M&N – IRE, posredovanje z nepremičninami, d.o.o., rectification or erasure of personal data, request restriction of processing of personal data, object to processing, request correction of inaccurate personal data without undue delay, request completion of incomplete personal data, transfer of personal data directly from one real estate agency to another where technically feasible, and to submit a complaint to the supervisory authority.
12.8 Where personal data are transferred to a third country or an international organisation, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
12.9 Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, including profiling, to the extent that it is related to such direct marketing.
13. NOTICE OF THE CONCLUDED TRANSACTION AND DEFINITION OF THE CONTACT
13.1 In the event that M&N – IRE, posredovanje z nepremičninami, d.o.o., is not the only authorized brokerage (exclusive brokerage contract) for a certain real estate, the client is obliged to inform M&N – IRE, posredovanje z nepremičninami, d.o.o., immediately or no later than within 48 hours, if the transaction is concluded with a person with whom M&N – IRE, posredovanje z nepremičninami, d.o.o., has not established contact for them, and about the details of this transaction, and to hand over a photocopy of the contract to M&N – IRE, posredovanje z nepremičninami, d.o.o., otherwise they bear the actual costs of further intervention incurred in connection with the provision of brokerage services.
13.2 The company M&N – IRE, posredovanje z nepremičninami, d.o.o., may establish contact between the client and a third party in various ways. It is understood that M&N – IRE, posredovanje z nepremičninami, d.o.o., has established contact between the two parties if: it organizes their meeting on its premises or outside them, provides the client or a third party with any information on the address, registered office, telephone or fax number, e-mail address of the third party or the client, performs or organizes a tour of the property with a third party, or introduces the parties in another appropriate way.
14. TRANSFER OF BROKERAGE SERVICES TO ANOTHER REAL ESTATE COMPANY
M&N – IRE, posredovanje z nepremičninami, d.o.o., may transfer the brokerage service, in whole or in part, to other real estate companies. In such a case, the client shall remain in a contractual relationship with M&N – IRE, posredovanje z nepremičninami, d.o.o., with which it has concluded a brokerage contract, and the latter must provide the client, at their request, with a list of real estate companies to which it transfers the service order. The client agrees to conclude this contract exclusively with M&N – IRE, posredovanje z nepremičninami, d.o.o.. If M&N – IRE, posredovanje z nepremičninami, d.o.o. withdraws from contract, the client explicitly agrees that this contract with all essential components will be transferred to another real estate company. The contractual relationship shall transfer when the client is informed of the transfer.
15. OBLIGATIONS OF THE CLIENT REGARDING THE ENERGY PERFORMANCE CERTIFICATE
By concluding this contract, M&N – IRE, posredovanje z nepremičninami, d.o.o., informs the client in writing of the obligations and provisions of the Energy Act (EZ-1) (Official Gazette of the Republic ofSlovenia, no. 17/14, 81/15 and 43/19), namely: when selling or renting out a building or its individual part, the owner, as the seller, must ensure that the energy performance indicators of the building or its individual part from the energy performance certificate are stated in the advertisement. The company M&N – IRE, posredovanje z nepremičninami, d.o.o., excludes all liability and does not assume the paymentof a fine if the client does not provide information from the energy performance certificate or a copy thereof to NEP M&N – IRE, posredovanje z nepremičninami, d.o.o..
16. RIGHT TO OBTAIN DATA
In order to protect the interests of the client, in accordance with the law, the company M&N – IRE, posredovanje z nepremičninami, d.o.o., has the right to regulate payment transactions, obtain data from the Bank of Slovenia on blocked transaction accounts of natural persons acting as clients or as third parties in real estate transactions.
17. PAYMENT OF ADDITIONAL SERVICES AND REIMBURSEMENT OF COSTS
The company M&N – IRE, posredovanje z nepremičninami, d.o.o., is in any case, even if the contract, the subject of which is the real estate, was not concluded, entitled to payment for additional services specified in the price list of the company M&N – IRE, posredovanje z nepremičninami, d.o.o.. In accordance with the second paragraph of Article 848 of the Code of Obligations, M&N – IRE, posredovanje z nepremičninami, d.o.o.is entitled to reimbursement of the actual costs incurred by it in connection with the mediation, even if the contract, the subject of which is the real estate, was not concluded between the client and a third party. This covers the costs incurred by M&N – IRE, posredovanje z nepremičninami, d.o.o. in fulfilling the order in accordance with the brokerage contract. The amount of costs is defined in the price list of the company M&N – IRE, posredovanje z nepremičninami, d.o.o.. The costs referred to in the previous paragraph include in particular: costs of taking over real estate for sale, costs of consulting and preparation of real estate for sale, review of documents, review of legal and factual situation (insights into public books, records, chain of documents, customer alerts), preparation of advertisements and advertising, management of visits, keeping of funds on a fiduciary account, etc.
If the client is a natural person and the latter, without the knowledge of the real estate agency M&N – IRE, posredovanje z nepremičninami, d.o.o., has concluded a contract with a counterparty, which was introduced by M&N – IRE, posredovanje z nepremičninami, d.o.o., or if this contract is concluded by the client's spouse
or a close family member, during the term of the brokerage contract and also after the termination of the brokerage contract, the client must pay M&N – IRE, posredovanje z nepremičninami, d.o.o. the brokerage fee in accordance with the concluded brokerage contract. If the client is a legal entity or a company, the client of the company must pay M&N – IRE, posredovanje z nepremičninami, d.o.o. a contractual penalty in the amount of 4% of the contract price of the concluded transaction for the violations referred to in the previous sentence of Article 15, in addition to the brokerage fee.
18. ACQUISITION OF THE RIGHT TO PAYMENT FOR MEDIATION
The company M&N – IRE, posredovanje z nepremičninami, d.o.o. acquires the right to payment for mediation at the time when the contract, for which it has mediated, is concluded. If the parties to the contract, in the conclusion of which the company M&N – IRE, posredovanje z nepremičninami, d.o.o., participated, later withdraw from the concluded contract, M&N – IRE, posredovanje z nepremičninami, d.o.o. keeps the paid brokerage fee. In the event of a delay in payment, the client must pay statutory default interest from the maturity of the receivable of M&N – IRE, posredovanje z nepremičninami, d.o.o., until payment.
In the event that the company M&N – IRE, posredovanje z nepremičninami, d.o.o., finds someone else who is ready to conclude a legal transaction with the client under his terms in relation to the real estate subject to the brokerage contract, but the client for personal reasons refuses to conclude the contract, the client is obligated to pay M&N – IRE, posredovanje z nepremičninami, d.o.o. the brokerage payment for the brokerage, as if the transaction in which M&N – IRE, posredovanje z nepremičninami, d.o.o. has mediated, concluded.
19. BUSINESS CONFIDENTIALITY
Any information regarding the real estate referred to in this contract on the mediation and efforts of M&N – IRE, posredovanje z nepremičninami, d.o.o., for the conclusion of the contract, which the client learns from M&N – IRE, posredovanje z nepremičninami, d.o.o., is a business secret. If the client uses the aforementioned information by informing third parties, they are obliged to pay a contractual penalty in the amount of the agreed brokerage fee to M&N – IRE, posredovanje z nepremičninami, d.o.o..
20. TERM OF THE CONTRACT
The brokerage contract is concluded by M&N – IRE, posredovanje z nepremičninami, d.o.o., and the client for a period of nine (9) months. The parties may terminate the brokerage agreement at any time, provided that this is not contrary to good faith and honesty. The contract must be terminated in writing with 8 days' notice.
21. SALVATORY CLAUSE
The invalidity of individual provisions of the brokerage contract or general terms and conditions does not affect the validity of the entire contract. The parties undertake to replace any invalid provisions with new ones as soon as possible. This also applies in case of inefficiency and in case of urgent changes to individual agreements.
22. JURISDICTION
The court in the place where M&N – IRE, posredovanje z nepremičninami, d.o.o. has its seat is competent for resolving any disputes that the contracting parties to the brokerage contract could not resolve amicably. In other cases, the parties agree that any disagreement, dispute or claim arising out of or in connection with this contract or arising out of its breach, termination or invalidity shall be finally settled by a panel of three arbitrators or an individual arbitrator appointed on the basis of the Rules of Arbitration Procedure before the Permanent Arbitration at the Chamber of Commerce and Industry of Slovenia.
23. VALIDITY AND PUBLICATION OF GENERAL TERMS AND CONDITIONS
The general conditions apply from 1 October 2023. They are published at the premises of M&N – ire, posredovanje z nepremičninami, d.o.o., and on the company's website.
MEANING OF THE TERMS USED
The client (or contracting authority) is a natural or legal person who may be the buyer, seller, lessor or lessee of the real estate and concludes a brokerage agreement with M&N – IRE, posredovanje z nepremičninami, d.o.o..
A real estate consultant/broker is a natural person or a legal entity that performs brokerage activities on the basis of a cooperation contract, employment contract or other legal basis, with a license from the competent ministry for the performance of brokerage activities and who is registered in the directory of real estate brokers with the competent ministry.
The brokerage contract is a written contract concluded by M&N – IRE, posredovanje z nepremičninami, d.o.o., and the client, by which M&N – IRE, posredovanje z nepremičninami, d.o.o., undertakes to strive to find and connect the client with a third party, who will negotiate the conclusion of a specific contract, the subject of which is the real estate, and the client undertakes that M&N – IRE, posredovanje z nepremičninami, d.o.o., will be paid for the brokerage, if the contract is concluded.
A third party is a person who is introduced by a real estate agent or a real estate company to the client in order to negotiate a brokerage contract.
The client's immediate family members are the client's spouse or the person with whom the client lives in a consensual union, in accordance with the regulations on marriage and family relations, their children or adopted children, parents and adoptive parents, and persons who the client is legally obliged to provide for.
Advertised price of the real estate: The price of the real estate, which was determined by agreement between the client and the broker, and is stated in the advertisements and also includes the real estate sales tax and brokerage fee.
Indicative offer price: The price of the real estate excluding all prescribed taxes and brokerage fees.
| Description | Price in € without VAT | Price in € including VAT |
|---|---|---|
| Management and implementation of the procedure for the sale/purchase of real estate (pre-contract, intended use, confirmation of the exercise of the pre-purchase right of the municipality, procedure related to the approval of the legal transaction of the LU, sales contract, tax return, (SPV, capital gain - consulting), certification of the contract/storage, fiduciary account (up to 3 owners) - a more demanding legal transaction - or 1% of the contract value | 1% from the contract price (without VAT) | + 22% VAT |
| Management and implementation of the procedure for the sale/purchase of real estate (pre-contract, intended use, confirmation of the exercise of the pre-purchase right of the municipality, procedure related to the approval of the legal transaction of the LU, sales contract, tax return, (SPV, capital gain - consulting), certification of the contract/storage, fiduciary account (up to 3 owners) - a more demanding legal transaction - or 1% of the contract value | 1% from the contract price (without VAT) | + 22% VAT |
| The management and implementation of the process of demanding sale/purchase of real estate (more than 3 owners), all services are listed in a special report of the works performed. The price for such a sales procedure is agreed in advance with the client, ranging from 1% to 2% of the contract value, but at least | 1% from the contract price (without VAT) | + 22% VAT |
| Drawing up the sales contract up to 4 owners (each additional owner €20.00 excluding VAT) | 327,87 | 400,00 |
| Drawing up a pre-contract or agreement on a legal transaction or a contract on advance payment | 131,15 | 160,00 |
| Drawing up a gift contract | 352,46 | 430,00 |
| Tax return (SPV, capital gain - consulting) | 131,15 | 160,00 |
| Keeping of money on a fiduciary account - up to 3 owners (each additional owner €12.00 excluding VAT) | 49,18 | 60,00 |
| Obtaining a certificate of intended use ofthe land (any taxes are added to the price) | 32,79 | 40,00 |
| Acquisition of a cadastral plan - map copy (any fees are applied to the price) | 32,79 | 40,00 |
| Presence at contract certification/ storage | 28,69 | 35,00 |
| Obtaining a certificate of pre-emption right (any fees are added to the price) | 26,23 | 32,00 |
| Procedure related to the approval of a legal transaction (any fees are added to the price) | 131,15 | 160,00 |
| Acquisition of other documents - price per individual document (any fees are added to the price) | 31,15 | 39,00 |
| Viewing the real estate without concludinga brokerage contract | 57,38 | 70,00 |
| Mileage - one-kilometer fare | 0,57 | 0,70 |
| Real estate consulting in the field of real estate - 1 hour | 327,87 | 400,00 |
| The first visit to the real estate is included in the fee on the basis of the agency contract. However, if the brokerage contract is terminated by the client earlier, the first visit is charged in the amount of | 61,48 | 75,00 |
| Scheduled real estate tour guidance | 61,48 | 75,00 |
| Familiarization of the client with the established legal and factual situation of the real estate | 32,79 | 40,00 |
| Advertising day in the media | 90,16 | 110,00 |
| Advertising on the real estate portal | 20,00 | 24,40 |
| Monitoring of the lease relationship (M&N – IRE, posredovanje z nepremičninami, d.o.o. coordinates the lease relationship throughout the duration of the lease agreement and is available to both the lessor and the lessee for various services: e.g. coordination of payments, renting for the account of the lessor, coordination of maintenance work, coordination of real estate control, various questions... all services are listed in a special report of the work performed. The price for such monitoring of the lease shall be agreed in advance with the client, at 8% to 15% of the monthly or annual contract value, but at least | 327,87 / year | 400,00 / year |
| Advertising of sales on billboards or in showcases or displays and on the broker's website is included in the fee on the basis of the brokerage contract. However,if the brokerage contract is terminated by thecontracting authority in advance, it is reimbursed for each day | 4,92 | 6,00 |
| Any visit to the real estate with a third party is included in the fee on the basis of a brokerage contract. However, if the brokerage contract is terminated by the client early, it is reimbursed for each day in the amount of | 57,38 | 70,00 |
| Drawing up of a lease contract for purchase | 483,61 | 590,00 |
| Drawing up of an exchange contract | 483,61 | 590,00 |
| Drawing up of an easement contract | 286,89 | 350,00 |
| Drawing up of the dissolution agreement | 319,67 | 390,00 |
| Preparation of bank documentation for loans | 65,57 | 80,00 |
| Preparation of an annex to a contract or pre-contract | 65,57 | 80,00 |
| Preparation of an annex to a contract or pre-contract - more demanding | 131,15 | 160,00 |
| Preparation of the annex and management of the procedure, application to furs (preparation of authorizations and forms) or application for the return of the DPN | 131,15 | 160,00 |
| Agreement on withdrawal from the agreement/contract | 131,15 | 160,00 |
| Document storage - Sales contract | 49,18 | 60,00 |
| Preparation of the sales authorization (without the cost of notarial certification) | 65,57 | 80,00 |
| Composition of the declaration of waiver of the right of pre-emptionof the beneficiary | 40,98 | 50,00 |
| Managing the entire process of selling agricultural land, without preparing a sales contract (publication at the AU, .... finality) | 114,75 | 140,00 |
| Composition of the deletion permit for the deletion of material legal burdens | 163,93 | 200,00 |
| Obtaining documentation to delete actual legal burdens | 65,57 | 80,00 |
| Preparation of a written opinion on the price ofthe real estate (opinion on the price is not an official appraisal) | 163,93 | 200,00 |
| Preparation of the handover record | 65,57 | 80,00 |
| Handover performance | 131,15 | 160,00 |
| Acquisition of CPIN and tax no. for foreigners | 131,15 | 160,00 |
| Obtaining a copy of the occupancy or building permit | 131,15 | 160,00 |
| Obtaining documents and decisions on the longer existence of the facility (fees not included) | 1.000,00 | 1.220,00 |
| Real estate photography | 200,00 | 244,00 |
| Video (recording and editing) | 350,00 | 427,00 |
| Translation Price/Page | 32,79 | 40,00 |
| Mediation in the sale and purchaseof real estate - 4% + 22% VAT | ||
| Preparation of a sales strategy (only in the case of commercial real estate or project sales - new constructions) | 3.524,59 | 4.300,00 |
| Financial review of lease or other user contracts, with the purposeof advising on the profitability of real estate and preparing a profitability analysis | 1.557,38 | 1.900,00 |
| Presentations at specialized conferences, meetings, fairs and the like (only in the case of economic operators) | 245,90 / h | 300,00 / h |
| Estimation of the market value of a business property | 532,79 | 650,00 |
Call us. We look forward to a personal conversation.
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