General Terms and Conditions

STUDIO DA VINCI DOO, DUNAJSKA CESTA 5, 1000 LJUBLJANA,
who represents him as the director of Neva Pevec,

(hereinafter: the Real Estate Company) on the basis of the Real Estate Brokerage Act (Official Gazette of the Republic of Slovenia, No. 72/2006, as amended) adopts the following

GENERAL TERMS AND CONDITIONS OF REAL ESTATE AGENCY

Article 1 (introductory)

The General Terms and Conditions of Business in Real Estate Brokerage (hereinafter: the General Terms and Conditions) regulate the legal relations between the real estate company and the client. The General Terms and Conditions are an integral part of any brokerage contract that a real estate company concludes with a client. An integral part of any brokerage contract is also the current price list of the real estate company's services and a copy of the insurance policy. If the brokerage contract contains provisions that are in conflict with the general terms and conditions of business, the agreed provisions of the brokerage contract shall apply, insofar as they are not in conflict with the applicable regulations.

Article 2 (meaning of terms)

The terms used in the General Terms and Conditions have the following meanings:
Real estate company is the company Studio da Vinci doo
Real estate agent or. real estate agent (hereinafter referred to as a real estate agent) is a natural person who performs brokerage activities for a real estate company on the basis of an employment contract or other legal basis, has obtained a license from the competent ministry for brokerage and is entered in the directory of real estate brokers.
Real estate brokerage means the performance of a registered gainful activity of real estate brokerage, whereby individual real estate brokerage activities include all activities in establishing contact between the client and a third party and in negotiations and preparations for concluding legal transactions the subject of which is real estate, such , sale, lease, rental or other contract for a particular property.
Client is a natural or legal person who concludes a brokerage contract with an intermediary and for whom
the broker provides real estate brokerage services.
Third person is a person whom a real estate agent is trying to contact the client in order to
negotiated with him for the conclusion of a specific contract relating to immovable property.
Client's immediate family members are the client 's spouse or the person with whom the client lives in
extramarital affairs, in accordance with the regulations on marriage and family relations, their children
or adoptees, parents and adoptive parents and persons who are obliged by law to support them.
Mediation contract is a written contract entered into by the real estate company and the client and s
which the real estate company undertakes to endeavor to find and contact the client
a third party who will negotiate with him for the conclusion of a specific contract the subject of which is the sale of
real estate, and the client undertakes to pay a commission to the real estate company if the contract
concluded.
A contract the subject of which is immovable property, is a purchase, sale, lease, rental or other contract for a specific real estate, the conclusion of which is mediated by the real estate company.
Provision is a payment for mediation in the purchase, sale, exchange, lease or. rental of real estate.
Real estate company price list is the price list of individual services of a real estate company.

Article 3 (Standard scope of services)

The real estate company undertakes to provide the following services for a standard brokerage fee
(standard range of services):

- establishing contact with legal and natural persons for the client, checking the condition of the real estate, participating in negotiations and preparations for concluding legal transactions necessary for concluding a legally valid contract for a certain real estate,
- concluding a contract on real estate brokerage;
- acquainting the client and third parties with market relations that are important for determining the price of real estate, the content of regulations relevant to the valid conclusion of a contract on real estate brokerage, the amount of tax obligations of the client and the prices of notary services;
- determining the legal status of real estate by obtaining real estate documents (extract from the land register), contracts (if the real estate has not yet been entered in the land register) and the like;
- written warnings, notices, confirmations;
- inspection of the real estate after concluding a contract on real estate brokerage;
- advertising the sale of real estate in the media or in any other way;
- acquainting the client with the real estate and getting in touch with a third party;
- presence at the inspection of the property by the client;
- determining the actual condition of the real estate;
- acquainting the client with the established legal and factual condition of the real estate and reliable warning of the identified errors;
- telephone communication with customers;
- participation in bargaining negotiations.
- other services for which the real estate company and the client agree separately in writing in the brokerage contract.

If any of these services are provided by the client itself or are unnecessary, the brokerage fee agreed in the brokerage contract is therefore not reduced.

Article 4 (Additional scope of services)

The real estate company and the client may agree in the brokerage contract or by written (additional) order that the real estate company will provide additional services for the client in addition to the standard range of services described above, or that it will perform only these so-called additional services. price list of the real estate company. In particular, the following are considered as additional services:

- a special requirement for the composition of the contract of sale, easement contract, divestiture contract, gift contract, lease contract, exchange contract;

- obtaining missing documents, obtaining the necessary documentation (certificate of land use, location information ...)

- representation in the procedures for obtaining consents, permits and other documents necessary for the conclusion of a contract the subject of which is immovable property,

- acquisition of real estate appraisal;

- representation in tax proceedings;

- regulating the legal status of real estate;

- regulation of the composition of the contract in the form of a notarial deed, - safekeeping of funds in a fiduciary account,

- storage of documents,

- possible translations of business documentation into foreign languages

- coordination of bilingual contracts and other services commissioned by the client.

The prices of additional services are determined in the currently valid price list of the real estate company, which is an integral part of these general terms and conditions. The price of services that are not specified in the price list of the real estate company is agreed separately by the parties. In the event that it is not possible to determine in advance how many hours will be required to provide certain services, the parties agree that this part of the calculation of additional services takes into account the hourly rate according to the real estate company's price list multiplied by the number of hours worked.

Article 5 (Obligations of the mediator)

When performing real estate brokerage, the broker must inform the client in an appropriate manner of all circumstances relevant to the realization of the client's interests, due to the realization of which he concluded the brokerage contract and clearly explain the importance of these circumstances for the realization of his interests. The intermediary must also adequately protect the interests of a third party who has been contacted by the contracting authority for the purpose of negotiating the contract which is the subject of the contracting authority's contract and act impartially, unless he represents only the contracting authority's interests by express agreement with the contracting authority. The intermediary must clearly and in writing warn the third party with whom the contracting authority has contacted about such an agreement: namely, that he is acting as an agent and not as an intermediary.

Article 6 (Obligations of the client)

Upon signing the brokerage contract, the Client undertakes:
- submit to the real estate company all the documentation related to the real estate
- to inform the real estate company precisely and honestly about the legal and factual condition of the real estate and to inform it about possible legal and factual errors of the real estate and about possible rights of third parties on the real estate
- inform the real estate company of all circumstances relevant to the provision of brokerage services, including relations with neighbors or any special situations at the micro-location
- guarantee the truthfulness, accuracy and completeness of the given data or documentation;
- immediately, and no later than within 3 (three) days, inform the mediator in writing with a return receipt of any change in its interests and of any changed circumstances;
- if he finds a third person with whom or with the mediation of another real estate agency, with whom he concludes a contract or preliminary contract, the subject of which is real estate, he must within 5 (five) days of concluding such a contract or. pre-contracts to inform the mediator in writing and to serve a copy of the concluded contract or pre-contracts. In the event of a breach of the obligations referred to in the preceding paragraph, the client undertakes to reimburse the real estate company for any damage caused to it by the breach of such conduct.
- the client undertakes to keep the real estate company informed about the procedures it will conduct in the process of buying or selling real estate, as well as renting or leasing (eg communication with the bank in the case of mortgage financing)
- the client undertakes not to contact the client referred to him by the real estate company, nor will he arbitrarily and without the knowledge of the real estate company conduct the process of purchase, sale, lease or rental
- the Client undertakes to cooperate with the real estate company and to keep it informed of all its activities related to the legal and financial part of the real estate transaction, in case it additionally engages and authorizes its own lawyer or attorney. is obliged to inform the real estate company in writing by e-mail or to the address of the real estate company by registered letter with acknowledgment of receipt. In this document he is obliged to state the name and surname of the person and company who have additionally authorized him to represent and all their contact details.
- in the event that the client does not comply with these contractual obligations and arbitrarily conducts the procedure (he himself - in addition to the above real estate company, negotiates with the bank, lawyers, notaries and
counterparty partners), the real estate company is not responsible for this type of transaction, but in this case is also entitled to its real estate commission.

Article 7 (obligations of the client in relation to the energy certificate)

By signing this contract, the Client confirms that he is aware of the provisions of the Energy Act (Ur.l.RS No. 17/14) regarding the obligation to provide an energy certificate for buildings or individual parts of buildings, as well as the envisaged fines in case of breach of these obligations. that he must:
- the owner of the building or individual part, when selling or renting it for a period longer than one year, ensure that the energy performance indicators of the building or its individual part from the energy performance certificate are stated in the advertising.
- the owner of the building or its individual part, when selling or renting it for a period longer than one year, submits a valid energy certificate of the building or its individual part to the buyer or tenant no later than before the conclusion of the contract. Instead of the energy certificate of an individual part of the building, an energy certificate for the entire building may be submitted. Due to incorrect and deficient data from the energy performance certificate provided by the client, the real estate company does not assume any responsibility or assume any obligation to pay the fine.

Article 8 (Payment for mediation)

A real estate company acquires the right to payment for mediation when a contract is concluded, the subject of which is real estate. If the parties to the contract, in the conclusion of which the real estate company participated, later withdraw from the concluded contract, the real estate company retains the paid commission. A real estate company cannot demand even a partial payment for mediation before concluding a legal transaction, the subject of which is real estate, but it can demand payment for additional services and reimbursement of costs under the conditions specified in the brokerage contract.

In the case of mediation in the sale or purchase or exchange of real estate, the real estate company is entitled to a commission of 4% of the contract value + VAT, if the client is not
agree on a lower commission.

The Client must pay the Broker a brokerage fee of 4% of the contract value + VAT for brokerage or rental. The contract value is the product of the amount of the monthly rent and the number of months for which the lease is concluded. The brokerage fee may not exceed the amount of one month's rent + VAT and not less than EUR 150 + VAT.

In the event that the real estate company fails to perform any transaction referred to in point 3 or 4 of the General Terms and Conditions because it is not necessary due to the circumstances of the individual case or at the express request of the client, the client has no right to request a reduction. A real estate company is also entitled to payment for mediation even in cases when the client, his immediate family member or a related person concludes a contract in relation to the real estate that was the subject of mediation with a third party with whom the client was contacted by a real estate agent. and this contract was concluded within six months of the termination of the brokerage contract. The fee for mediation does not include the costs of notary services, taxes, court and administrative fees, fees for certificates and permits required for a valid contract and the costs of additional services from Article 4 of these General Terms and Conditions.

Article 9 (Contractual penalty)

The Client guarantees that he will not use the information obtained from the intermediary by concluding a transaction with the person with whom the intermediary contacted him. If the client violates the provision of the previous sentence, as well as in case of termination of this contract contrary to good faith and honesty, in order to himself, his immediate family members or persons related to him, as provided by Articles 16 and 17 of the Tax Act from the income of legal entities, concludes a sales or lease agreement with a third party with whom the broker has contacted him, he is obliged to pay the broker a contractual penalty:

- in the case of mediation in the sale / purchase of real estate in the amount of 4% of the contractual sale price + VAT,
- in the case of mediation in the lease / rental of real estate in the amount of one contractual rent + VAT;
if the sales or lease agreement is concluded within 3 years after the termination of this brokerage agreement.

Article 10 (Reimbursement of costs)

If the real estate company is not entitled to a brokerage fee, it may agree with the client on a brokerage contract to reimburse the costs in the amount of EUR 150,00 + VAT incurred in connection with the provision of brokerage services, if the client:

- he contacts a third party with whom he concludes a real estate contract,

concludes a real estate contract with the mediation of another real estate company Article 11 (Withdrawal before signing the final contract)

In cases where a contract has already been signed for the purchase / lease of the subject property or pre-contract for the execution of the transaction in question and before the signing of the final contract there was a change in the requirements and previously agreed in writing the conditions of the transaction of one of the parties or. one of the clients, the real estate company is entitled to demand payment of the full commission, regardless of the non-performance of the transaction.

Article 12 (Transfer of mediation services)

Based on an agreement with the client, the real estate company may also transfer the brokerage service to other real estate companies. In the case of transfer of brokerage services to another real estate company, the client remains in a contractual relationship only with the real estate company with which he concluded the brokerage contract, and the real estate company must provide the client with a list of real estate companies to which it transfers the order.

Article 13 (Business secret)

Any information regarding real estate and intermediary efforts for their sale or. The leases made by the client with the real estate company or the broker are of a confidential nature and are considered a business secret, except for information and data that are publicly available. If the client uses the mentioned information by informing third parties, who use this information to conclude a deal (sales / lease contract), he is obliged to pay a commission to the broker, as if the legal transaction in respect of which the broker was brokering was concluded.

Article 14 (Right to obtain data)

The Client agrees that in the event of his withdrawal from the contract of mediation or. non-conclusion of the contract, the subject of which is real estate, in the period for which the brokerage contract is concluded, the broker may make inquiries about any contract concluded, which is the subject of real estate, between the client and a third party. concluded contracts, the subject of which is real estate.

Article 15 (Obligations under the Prevention of Money Laundering and Terrorist Financing Act)

In accordance with the Prevention of Money Laundering and Terrorist Financing Act, the real estate company
in cases specified by regulations, is obliged to carry out a customer inspection, 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 information on the purpose and intended nature of the business relationship or transaction and other information required by law;
- regular careful monitoring of business activities performed by the client with the real estate company.

The Client is aware that in order to fulfill its obligations under the previous point, the real estate company has the right 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 , the tax number and the number, type and title of the issuer of the official identity document.

Article 16 (Liability insurance)

The real estate company has taken out liability insurance for damage that may occur to the client or a third party in breach of the contract on real estate brokerage in the territory of the EU Member States.

The real estate company STUDIO DA VINCI doo has compulsory professional liability insurance with Zavarovalnica Triglav dd, no. shelves: OD40102523444, dated 23.2.2021 February 170.000, value EUR 340.000, annual aggregate EUR XNUMX.

Article 17 (Duration and termination of the contract)

The brokerage contract is concluded for nine (9) months. The contracting parties agree to extend this contract for a further 9 months, unless either party terminates it in writing before the deadline. The parties may terminate the agency contract at any time, provided that this is not contrary to good faith and honesty. Termination of the contract must be given in writing and sent to the address of the other contractual partner by post, with a return receipt. The reason for termination of the contractual relationship must also be stated in the resignation statement.

In the event that the brokerage contract expires before the expiration of the agreed period of its validity for reasons on the part of the client, the client is obliged to pay the broker costs of 150,00 EUR + VAT and costs of additional services not included in the brokerage fee.

Article 18 (Protection of personal data)

The real estate company undertakes to protect all personal data in accordance with the regulations on personal data protection. All personal data will be used for the purpose of concluding, implementing, amending and terminating the brokerage contract and the contract the subject of which is real estate. The Client agrees that the data may also be used for the purpose of informing about new offers and events, etc.…

Article 19 (Settlement of Disputes)

The parties will try to resolve the dispute amicably. If this is not possible, the court in Ljubljana has jurisdiction over disputes.

The General Terms and Conditions are valid from 1.12.2021 December XNUMX until revoked.

        Houses

        Land

        Housing

        Luxury villas

        Luxury apartments

        Commercial real estate

        Interiors

        Researcher

        Music chest

        Events and experiences

The dog has always been considered man’s best friend and has remained so to this day.

Many studies confirm that dogs have remarkable therapeutic effects on children, all family members, patients, as well as people in the workplace. A dog as a company in offices increases work efficiency and relieves stress.

In the home environment, it brings joy and a better mood to every family. It's really "happiness on a leash:"

It is even better if he lives in an environment where he does not need a rope at all.

That is why, as a real estate company, we are very respectful and loving to dogs, as well as to all other living beings and all kinds of pets.

You are always welcome with us in the company of your dog.