I GENERAL PROVISIONS
II DESCRIPTION OF THE SERVICES THE AGENT IS OBLIGED TO PERFORM, RIGHTS AND OBLIGATIONS OF THE AGENT

III OBLIGATIONS OF THE CLIENT
IV ACQUISITION OF THE RIGHT TO AGENCY FEE
V GENERAL PROVISIONS

I GENERAL PROVISIONS

The general terms of business of the company “Heroldo Real Estate” doo regulate the business relationship between the intermediary in the sale and lease of real estate and the client (natural or legal person). By concluding the brokerage agreement or accepting these terms, the client confirms that they are familiar with and agree to the provisions of the General Terms of Business of the intermediary in real estate transactions.

II DESCRIPTION OF THE SERVICES THE AGENT IS OBLIGED TO PERFORM, RIGHTS AND OBLIGATIONS OF THE AGENT

• to conclude a brokerage agreement with the client in written form;
• to strive to find and connect the client with a person for the conclusion of a legal transaction;
• to provide the client with an objective opinion on the price of the real estate or the amount of rent in accordance with its characteristics, market conditions, and other relevant circumstances;
• to review the documents proving ownership or other real rights on the real estate whose sale or lease is the subject of mediation and to warn the client particularly about possible risks related to the registration of the subject real estate in the real estate registers, registered rights or encumbrances on the subject real estate, the existence of preemptive rights, and restrictions in legal transactions in accordance with special regulations;
• to perform necessary actions for the presentation of the real estate on the market, to place an advertisement regarding the sale or lease of the real estate appropriately, and to perform all other actions agreed upon in the brokerage agreement that go beyond the usual presentation, for which they have the right to special, previously stated costs;
• to enable the viewing of the real estate;
• to keep the client’s personal data confidential, and upon the client’s written request, to keep as a business secret the data regarding the real estate for which they mediate in its sale or lease, or regarding that real estate, or about the transaction for which they mediate;
• to inform the client about all circumstances significant for the transaction that are known to them;
• to mediate in negotiations and strive to reach the conclusion of the contract;
• to attend the conclusion of the legal transaction (Pre-contract and Contract);
• It is considered that the agent has enabled the client to connect with another person (natural or legal) for negotiating the conclusion of a legal transaction if the client has been enabled to connect with another person with whom they negotiated for the conclusion of a legal transaction, and especially if they:
• directly led, or referred the client, or a third party to view the subject real estate;
• organized a meeting between the client and a third party for negotiating the conclusion of a legal transaction;
• informed the client of the name, phone number, fax number, or e-mail address of the third party interested in concluding the legal transaction, but only if they provided the exact location of the requested real estate.
• It is considered that by signing the Brokerage Agreement, the Client has given consent to the Agent to photograph or record video of the real estate that is the subject of the Brokerage Agreement; The agent undertakes not to use the photographs and video recordings for other purposes, except for the purpose of presenting the subject real estate and advertising them in the online space as well as in any other media space.

III OBLIGATIONS OF THE CLIENT

• to inform the agent of all circumstances significant for the mediation;
• to provide the agent with original documents proving their right to the real estate that is the subject of the transaction, or to warn the agent of all registered and unregistered encumbrances existing on the real estate;
• to ensure the agent and the person interested in concluding the legal transaction can view the real estate, in an agreed manner and at an agreed time;
• to inform the agent of all essential data about the real estate, which particularly includes accurate data about the location, price, structure, etc.;
• to pay the agent the agreed brokerage fee, and if specifically agreed, to reimburse the agent for other costs incurred during the mediation;
• to notify the agent in writing of all changes regarding the mediated transaction, especially regarding the rights to the real estate, deadlines, and price, all within three days of the change;
• to immediately inform the agent that a person who viewed the real estate through the agent has shown interest in concluding a contract/pre-contract for the sale of the real estate, leasing the real estate, or performing some other legal transaction that is a consequence of the agent’s work.

IV ACQUISITION OF THE RIGHT TO AGENCY FEE

The agent acquires the right to an agency fee at the moment of concluding the contract for which they mediated, unless the agent and the client have agreed that the right to the agency fee is acquired at the moment of concluding the pre-contract for which the agent mediated.

The agent cannot demand partial payment of the agency commission in advance, i.e., before the conclusion of the pre-contract or contract for which they mediated, in accordance with the previous paragraph.

The amount of the agency fee, i.e., the method of determining the amount of the agency fee, as well as the type and amount of costs for additional mediation services, are specified in the Price List of mediation services which is an integral part of these General Terms of Business.

The agent may agree on the right to reimbursement of additional costs necessary for the execution of the order, regardless of the success of the mediation, and request that they be paid in advance for certain expenses, if this is explicitly stated in the brokerage agreement.

The agent has the right to an agency fee if a spouse, cohabitant, descendant, or parent of the person with whom the agent connected the client concludes the mediated legal transaction.

If, after the termination of the brokerage agreement, based on the client’s cancellation, within a period not exceeding one month from the date of termination of the agreement, the client concludes a legal transaction that is a direct consequence of the mediation before the termination of the brokerage agreement, they are obliged to pay the agent the agreed agency fee in full, unless otherwise agreed in the brokerage agreement.

If, under the conditions and within the period from the previous paragraph, the client concludes a legal transaction that is significantly the result of the agent’s mediation before the termination of the brokerage agreement, they are obliged to pay the agent a proportional agency fee, unless otherwise agreed in the brokerage agreement.

The agent or sub-agent has no right to a fee for mediation if they conclude a contract that is the subject of mediation with the client in their own name as a contractual party, or if such a contract is concluded with the client by a person who performs mediation tasks for the agent or sub-agent.

If the client gives the agent an order for mediation or concludes a brokerage agreement with the agent contrary to the principle of good faith and fairness, the client is obliged to reimburse the agent for all costs incurred during the mediation, up to the amount of the agreed agency fee for the mediated transaction, regardless of the outcome of the mediation.

If the client concludes a brokerage agreement with another agent for the same real estate, before or after concluding the brokerage agreement with this agent, the client cannot be relieved of the obligation to pay the agency fee to the agent under the concluded brokerage agreement if this agent was the first to connect the client and the contractor with whom the sale agreement was concluded, regardless of whether the client has already paid a fee to another agent.

In the event that the client concludes a pre-contract or sale agreement for the real estate with a person whom this agent has brought to them as a potential buyer, or with relatives of that potential buyer or with persons who were with the potential buyer during the viewing of the real estate, the client is obliged to reimburse the agent for lost profit and damages in the amount of the agreed agency fee from the brokerage agreement concluded between the client and the agent.

In the event that the client concludes a pre-contract or sale agreement for the real estate with a person whom this agent has brought to them as a potential buyer within one year after the termination of the brokerage agreement by the client, the client is obliged to pay the agent the agreed fee for mediation from the brokerage agreement that the client terminated before the expiration of the term for which it was concluded, all as compensation for lost profit and damages caused to the agent by such negligent behavior of the client.

V GENERAL PROVISIONS

For the relationships between the client and the agent that are not regulated by these General Terms of Business, and are not agreed upon in the brokerage agreement, the provisions of the Law regulating this area and the Law on Obligations shall apply.

In Jagodina, on 14.10.2014,
Milena Ristić director