General Operating Conditions
GENERAL PROVISIONS
General Operating Conditions of the Galas Real Estate in accordance with the Article 28 of the Real Estate Brokerage Agencies Act, define the business relation between the Real Estate Broker and the Client (natural person or legal entity). By concluding the Brokerage Contract, the Client herewith acknowledges that it accepts, and that he/she was familiarized with and consents to provisions of the General Operating Conditions of the Real Estate Broker.
The brokerage is conducted on the basis of the Brokerage Contract on the sale and lease of the real estate, which is concluded by the Client and Real Estate Broker.
The client may conclude the Brokerage Contracts with several Real Estate Brokers at the same time (except in the case of exclusive brokerage).
The buyer/lessee as the Client must pay the brokerage fee to the Real Estate Broker which first enabled the Client to see the said property, and which first familiarized the Client with the said property. In case the Client (buyer/lessee) viewed the said property (with the assistance of another broker or on his own) before the Real Estate Broker Galas Real Estate showed him/her the same, the Client must accordingly inform the Real Estate Broker, so the visit would not be repeated, and in order to avoid potential disputes between the Client and Real Estate Broker, and in case the Client fails to do so, it shall be considered that he/she visited the property for the first time with the assistance of the Real Estate Broker Galas Real Estate.
The seller/lessor acting in the capacity of Client must pay the brokerage fee to the Real Estate Broker which first connected the Client with potential buyer/lessee. In case the Real Estate Broker connects the Client (seller/lessor) and a person which already visited the said property, he/she shall immediately inform the Real Estate Broker, in order to avoid potential disputes between the Client and Real Estate Broker and between brokers , and in case the Client fails to do so, it shall be considered that the Client was for the first time connected with the buyer/lessee with the brokerage of the Galas Real Estate .
The buyer/lessee acting as a Client must immediately before visiting the property sign to the broker a Certificate on visit to the property, in which the Client confirms that the said property was visited for the first time with the assistance of the Real Estate Broker.
In case the buyer/lessee refuses to sign Certificate from the previous Paragraph, the Real Estate Broker is not obliged to present the said property. In case the Real Estate Broker has showed the said property to buyer/lessee in spite of the Client's refusal to sign Certificate on the visit, and the buyer/lessee or their connected parties listed in the Section III, Paragraph six of the General Operating Conditions, conclude the Contract in the sale/lease of the said property, a fact that the buyer/lessee was connected with the seller/lessor by the Real Estate Broker shall be proven by other evidence – witnesses, written or electronic documentation, SMS messages, etc.
DESCRIPTION OF COMPULSORY TASKS OF THE REAL ESTATE BROKER, RIGHTS OF THE REAL ESTATE BROKER DURING THE BROKERAGE, EXCUSIVE BROKERAGE AND CLIENT'S OBLIGATIONS
Rights and obligations of the real estate broker
- to conclude a brokerage contract with the client in the written form or electronic form in accordance with the law defining the electronic trade;
- to find and connect a person with the client for the purpose of conclusion of the legal transaction;
- to provide the Client with objective opinion on the price of the property or the amount of lease of the property in accordance with its characteristics, market conditions, and other relevant circumstances;
- to review the documents proving the ownership or other rights over the property the sale/lease of which is the object of brokerage. To especially inform the Client on potential risks in connection with registration of the said property into the real estate registers; registered rights and encumbrances over the said property, existence of pre-emption rights and restrictions in legal transactions in accordance with separate regulations;
- to perform all necessary actions for the purpose of presenting (presentation) of properties on the market, to place an ad in regards to the sale/lease of the real estate in a corresponding way and to perform any other actions agreed by the brokerage contract which exceed the usual presentation, for which it shall have the right to claim separate expenses presented in advance;
- to enable visits to the property;
- to keep personal records of the Client, and as per written order of the Client to keep as business secret information on the property, in connection with the sale/lease of which the brokerage is being conducted, or in connection with such real estate, or the work within which it performs the brokerage services;
- to inform the client on all circumstance of importance for the said undertaking which are familiar to the real estate broker;
- to mediate in negotiations and strive to reach conclusion of the Contract;
- to attend at the signing of the legal transaction (Initial Contract and the Contract);
- to attend at transfer of the property;
- to provide professional assistance at its own expense (attorney) in regards to drafting of the Initial Contract, Contract and other necessary documentation;
- to keep records on brokerage and sub-brokerage.
It shall be considered that the Real Estate Broker has enabled the Client to connect with another person (natural person or legal entity) for the purpose of negotiation for conclusion of the legal transaction, of the Client was enabled to get into contact with another person with which the Client negotiated conclusion of the legal transaction, especially when:
- the Real Estate Broker directly connected or forwarded the Client or a third party to visit the said real estate;
- the Real Estate Broker organized a meeting between the Client and a third party (or his/her representative – attorney, kin, etc.) for the purpose of negotiations on conclusion of the legal transaction;
- the Client was given a name, phone number, fax number, or e-mail address of the third party interested in conclusion of the legal transaction, or if the Client was given a precise location of the said property.
The Real Estate Broker has the right, with a prior consent of the Client (seller/lessor), to make photos or a video recording of the real estate the sale/lease of which was agreed by the Brokerage Contract. Created photos and video recordings the Real Estate Broker may not use for other purposes, other than those for presentation of the said property to a potential buyer/lessee, and advertising of the said property by placing an on its own website or by advertising on Internet.
The Real Estate Broker has the right to, in a written and electronic form, concluded a Brokerage Contract, with which it shall, in whole or in part, transfer its rights and obligations from the Brokerage Contract to another broker, if the Client has previously expressly agreed to this in the Brokerage Contract. The Real Estate Broker must deliver a copy of the Brokerage Contract to the Client within three days from the day of conclusion of such contract.
The Real Estate Broker has the right to invoice rendered services to the Client, in accordance with concluded Brokerage Contract and these General Operating Conditions.
Exclusive brokerage
The Client may expressly agree by contracting a clause on exclusive brokerage that within the contracted period it shall neither individually sell the property which is the object of the Brokerage Contract, nor hire another broker for the purpose of brokerage in connection with the sale of the said property.
If, during the period of duration of the clause of exclusive brokerage, the Client concludes a legal transaction in connection with the said property, which was brokered by another broker, or personally, without the brokerage of any broker, such Client must pay to the Real Estate Broker with whom he contracted the exclusive brokerage a compensation for the damage caused the amount of contracted brokerage fee.
The Real Estate Broker must especially inform the Client within the Brokerage Contract on the meaning and legal consequences of the exclusive brokerage clause.
Client's obligations
- to inform the Real Estate Broker on all circumstances which are of importance for conducting of the brokerage;
- to place at disposal of the Real Estate Broker original documents proving the Client's rights over the property, which is the object of legal transaction, and to inform the Real Estate Broker about all registered and non-registered encumbrances existing over the real estate;
- to enable the Real Estate Broker and person interested in conclusion of the legal transaction to visit the property in the appropriate way and at the agreed time;
- to inform the Real Estate Broker on all important information about the property, which especially includes precise information on the price, location, structure, etc.;
- to pay to the Real Estate Broker the contracted brokerage fee in the case of realization of the contacted transaction, as well as in cases from the Section III of these General Operating Conditions. If this is separately contracted, the Client shall pay to the Real Estate Broker other additional expenses incurred during the brokerage;
- to inform the Real Estate Broker in writing or in electronic form about all changes in regards to the object of brokerage, especially concerning changes connected with the rights over the property, deadlines and price, all this within three days from such changes;
- to immediately inform the Real Estate Broker that the person (or a connected person) which has visited the property through the Real Estate Broker has expressed interest to conclude without the Real Estate Broker a Contract/Initial Contract on the sale of the property, lease of the property, or some other legal transaction which is a result of the work of the Real Estate Broker.
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THE RIGHT TO A BROKERAGE FEE
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The Real Estate Broker acquires the right to a brokerage fee at the moment of conclusion of the Contract which he brokered, unless the Real Estate Broker and Client agreed that the right to a brokerage fee shall be acquired at the moment of conclusion of the Initial Contract brokered by the Real Estate Broker.
The Real Estate Broker may not require partial payment of the brokerage fee in advance, and before conclusion of the Initial Contract, and the Contract, which he brokered, in accordance with the previous paragraph.
The amount of the brokerage fee, and the way of determining the amount of the brokerage fee, as well as the type and the amount of expenses for additional services of the Real Estate Broker, are determined by the Pricelist of individual services which represents a constituent part of these General Operating Conditions.
Expenses of acquisition of the necessary documentation which proves the ownership over the said property (extract from Cadaster, etc.), and which is necessary for the sale of the said real estate, shall be borne by the Client, unless this was agreed otherwise in the Brokerage Contract.
The Real Estate Broker may contract the right to a compensation of additional expenses necessary for performing of services, regardless of the success of brokerage, and request an advance payment of such amounts for certain expenses, if this is expressly stated in the Brokerage Contract.
The Real Estate Broker has the right to a brokerage fee also if the marital and extramarital spouse , descendant, parent, as well as other connected persons with a person connected by the Real Estate Broker with the Client, conclude the brokered legal transaction. Connected persons shall also be considered, aside from the listed relatives, parents of the marital spouse, his/her brothers and sisters, as well as the legal entity owned (co-owned) by potential buyer, or his/her relatives listed in this paragraph, as well as persons which were present with him/her at the presentation of the real estate.
If, after cessation of the Brokerage Contract, on the basis of cancellation by the Client, and within the period no longer than one month from the day of cessation of the contract, the Client concludes a legal transaction which is a direct consequence of brokerage of the Real Estate Broker before cessation of the Brokerage Contract, the Client must pay to the Real Estate Broker the contracted brokerage fee in full, unless the Brokerage Contract states otherwise.
If, under conditions and during the period from the previous Paragraph, the Client concludes a legal transaction which is to a significant extent a result of the brokerage of the Real Estate Broker before cessation of the Brokerage Contract, the Client must pay to the Real Estate Broker the proportionate brokerage fee, unless the Brokerage Contract states otherwise.
The Real Estate Broker, and the sub-broker, does not have the right to a brokerage fee of it concludes with the Client, on his own behalf, as the contracting party, a Contract on the sale of the real estate which is the object of brokerage, and if such contact with the Client is concluded by a person which conducts the brokerage on behalf of the Real Estate Broker and the sub-broker.
The Real Estate Broker is not obliged to return a paid brokerage fee (in the case of cancellation of the Contract, Initial Contract, waiver by one of the contracting parties, etc.), unless the Brokerage Contract states otherwise.
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RESPONSIBILITY FOR THE DAMAGE
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The Real Estate Broker, while performing the brokerage and other services in connection with the undertaking which is the object of brokerage, must act with due case and the attention of a good businessman.
The Real Estate Broker is responsible to the Client in accordance with the Law for the damage caused by a failure to comply with contracted obligations assumed by the Brokerage Contract and stated in these General Operating Conditions by the Real Estate Broker.
The Real Estate Broker shall bear no responsibility for the execution lf obligations of any of the contacting parties in the legal transaction, which they mutually assumed by a concluded Contract (Initial Contract).
The Real Estate Broker shall not be responsible for the quality of the property which is the object of legal transaction, or for any concealed flaws (except in the case if the seller informed the Real Estate Broker in writing that the property has a concealed flaw, and if the Real Estate Broker concealed such information from the buyer).
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TERMINATION OF THE BROKERAGE CONTRACT
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The Brokerage Contract shall determine a period for which the Contract shall be concluded. Unless it was agreed otherwise, it shall be considered that the Contract was concluded for a period of one year.
The Brokerage Contract shall cease to have a legal effect with conclusion of the legal transaction for which the brokerage was contracted, with expiry of the period for which it was concluded (unless the Brokerage Contract states otherwise), or by cancellation by the Client which shall be provided in a written form or electronic form.
Cancellation of the Brokerage Contract does not have to be explained, and can be forwarded at any time (except with exclusive brokerage, where the deadline shall be considered an important element of the Contract) and shall have a legal effect from the momenta of delivering such cancellation to the other party.
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GENERAL PROVISIONS
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Relations between the Client and the Real Estate Broker which are not regulated by the Brokerage Contract, and which are not defined by these General Operating Conditions, shall be directly governed by the Real Estate Brokerage Agencies Act, other regulations defining this sphere and Contractual Relations Act.
These General Operating Conditions represent a constituent part of the Brokerage Contract, they are visibly placed in the offices of the Real Estate Broker and are published on the website of the Real Estate Broker.