COMMERCIAL COMPANY GLIGORIĆ REAL ESTATE LLC
Real Estate Mediation and Consulting

1. GENERAL PROVISIONS

These General Terms and Conditions govern the business relationship between the real estate mediation company GLIGORIĆ REAL ESTATE LLC as the intermediary and the principal (individual or legal entity).
Mediation is carried out based on the Mediation Agreement for real estate sales or lease.
By concluding the Mediation Agreement, the Principal confirms that they are familiar with and agree to the provisions of the General Terms and Conditions of the real estate mediation intermediary.

2. REAL ESTATE OFFER

- The real estate offer is based on information received by the intermediary from the owner, either in writing or orally. Subsequently, the intermediary concludes a Mediation Agreement with the owners. The intermediary reserves the right to errors in the description and price of the property, the possibility that the advertised property has already been sold (or rented), or the owner has withdrawn from the sale (or lease). This error may occur because the property owner inadvertently provided incorrect information or did not timely report changes in the property status.
- The recipient (principal) must treat the offers and information from the intermediary as a business secret and may only disclose them to third parties with the written permission of the intermediary.
- If the recipient of the offer is already familiar with the properties offered by the intermediary, they are obliged to inform the intermediary immediately.

3. OBLIGATIONS OF THE INTERMEDIARY, RIGHTS OF THE INTERMEDIARY DURING MEDIATION, EXCLUSIVE MEDIATION

Intermediary's Obligations

1. to conclude a Mediation Agreement with the Principal in writing or by email as prescribed by law.
2. to try to connect the Principal with potential clients for the conclusion of a legal transaction.
3. to inform the Principal about realistic market prices for real estate.
4. to provide the Principal with an objective opinion on the price of the property or the amount of rent in accordance with its characteristics, market conditions, and other relevant circumstances.
5. to alert the Principal to known defects in the property.
6. to inspect the documents proving ownership or other real rights to the property and alert the Principal to: obvious defects and possible risks related to the undeclared land registry status of the property; registered real rights or other third-party rights to the property; legal consequences of non-compliance with obligations towards third parties; defects in building or usage permits in accordance with special laws; circumstances related to the obligation to apply the rights of the first apartment buyer and restrictions in legal transactions in accordance with special regulations;
7. to perform the necessary actions for the presentation of the property on the market and advertise the property in an appropriate manner. Also, to perform all other actions agreed upon in the Mediation Agreement that go beyond the usual presentation, for which the intermediary is entitled to specific, pre-disclosed costs.
8. to organize property viewings.
9. to keep the Principal's personal data as a business secret and, at the written request of the Principal, keep as a business secret the data on the property in connection with which it is mediating the sale or lease or in connection with that property or the business it is mediating.
10. to inform the Principal of all circumstances significant for the intended transaction that are known to the intermediary or must be known to them.
11. to mediate in negotiations and strive to conclude a legal transaction.
12. to be present at the conclusion of the legal transaction (preliminary and main contract).
13. to attend the handover of the property.
14. to assist and support the Principal in the certification of documents in court or with a Notary, as well as in transferring funds to and from the client's account at the bank. Also, to, with the help of the property owner, provide evidence that all municipal and other claims have been settled.
15. to inform the Principal of their potential obligations to tax authorities, as well as the method of property registration.
16. at their own expense, to provide expert assistance (lawyer) related to the preparation of the preliminary and main contracts and other necessary documentation.
It is considered that the intermediary has facilitated the Principal's connection with another person (individual or legal) for negotiating the conclusion of the brokerage deal if the Principal is enabled to connect with another person with whom they negotiated for the conclusion of a legal transaction, especially if the intermediary:
- directly took or directed the Principal or a third party to inspect the property;
- organized a meeting between the Principal and another contracting party for negotiations to conclude a legal transaction;
- Informed the Principal of the name, phone number, fax, email of another person authorized to conclude a legal transaction or provided the exact location of the requested property.

 

Intermediary's Rights During Mediation

 

- With the consent of the Principal (seller/buyer), the intermediary has the right to photograph or make a video recording of the property whose sale is contracted by the Mediation Agreement. The intermediary may not use the taken photos or video recording for purposes other than presenting the property to potential buyers/tenants or advertising through public media, in their business premises, or by posting it on their website or via the internet.
- In written or electronic form, the intermediary has the right to conclude a Mediation Agreement, by which, in whole or in part, they will transfer their rights and obligations from the Mediation Agreement to another intermediary if the Principal explicitly agrees to this in the Mediation Agreement. The intermediary is obliged to provide the Principal with a copy of the Submediation Agreement within three days from the date of its conclusion.
- The intermediary has the right to invoice the Principal for services rendered, in accordance with the concluded Mediation Agreement and these General Terms and Conditions.

 

Exclusive Mediation

 

- The Principal may commit, through explicit agreement of an exclusive mediation clause, not to personally alienate the property that is the subject of the Mediation Agreement or engage another intermediary for mediation in connection with its sale within the agreed period.
- If, during the validity of the exclusive mediation clause, the Principal concludes a legal transaction related to the property in question, mediated by another intermediary or personally without the mediation of any intermediary, they are obliged to pay the intermediary with whom they have contracted exclusive mediation a compensation for damages in the amount of the agreed brokerage fee.
- The intermediary is obliged to specifically warn the Principal of the meaning and legal consequences of the exclusive mediation clause.
4. CLIENT'S OBLIGATIONS

 

1. to conclude a Mediation Agreement with the broker in writing or by email as prescribed by law.
2. to inform the broker of all circumstances relevant to the mediation and provide accurate information about the property (or accurate information about the property being sought, if the client is a buyer) and submit complete documentation of the property being sold.
3. to provide the broker with original documents proving ownership of the property, or other real rights on the property subject to the agreement, and to inform the broker about all registered and unregistered encumbrances on the property, as well as visible and invisible defects.
4. to allow the broker and the person interested in concluding the deal to inspect the property in an agreed manner and at an agreed time.
5. to inform the broker of all essential information about the desired property, including accurate details about the price, location, structure, etc.
6. to pay the broker's commission after the Protocol, Preliminary Agreement, or Sale and Purchase Agreement is concluded.
7. to reimburse the broker for expenses incurred during mediation that exceed the usual mediation costs, if expressly agreed.
8. to inform the broker in writing of any changes related to the business for which the broker was authorized, especially changes related to ownership of the property.
9. The client will be liable for damages if they have not acted in good faith, acted fraudulently, concealed or provided false information essential to the mediation business, and must reimburse all costs incurred during mediation, not exceeding the brokerage fee for the mediated transaction.

 

5. CLAIMING THE RIGHT TO COMPENSATION

 

- The broker acquires the right to a brokerage fee at the time of concluding the agreement for which the broker mediated unless otherwise agreed between the broker and the client that the right to the brokerage fee is acquired at the time of concluding the preliminary agreement for which the broker mediated.
- The broker cannot demand partial payment of the brokerage fee in advance, i.e., before the conclusion of the Preliminary Agreement or Agreement for which the broker mediated, in accordance with the previous paragraph.
- The amount of the brokerage fee for mediation in the sale, exchange, lease, and rental of real estate is charged in accordance with the Brokerage Fee Price List, which is an integral part of these General Terms and Conditions of Business.
- The costs of obtaining the necessary documentation proving ownership of the property (ownership certificate, certificate of no encumbrances, etc.), required for the transaction of the property, shall be borne by the client unless otherwise agreed in the Mediation Agreement.
- The broker can agree to the right to compensation for necessary expenses to fulfill the order, regardless of the success of the mediation, and request that funds be advanced for certain costs if expressly stated in the Mediation Agreement.
- The broker has the right to a brokerage fee if a spouse, extramarital partner, descendant, parent, or other persons related to the person whom the broker has brought into contact with the client concludes the mediated legal transaction. Besides the mentioned relatives, affiliated persons will also be considered the parents of the spouse, his brothers and sisters, as well as a legal entity owned (co-owned) by a potential buyer or his relatives mentioned in this paragraph, as well as persons who accompanied him during the presentation of real estate.
- If, after the termination of the Mediation Agreement on the basis of the client's termination, and 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 broker's mediation before the termination of the Mediation Agreement, the client is obliged to pay the broker the agreed brokerage fee in full unless otherwise agreed by the Mediation Agreement.
- If, under the condition and within the deadline from the previous paragraph, the client concludes a legal transaction that is significantly the result of the broker's mediation before the termination of the Mediation Agreement, the client is obliged to pay the broker a proportionate brokerage fee, unless otherwise agreed by the Mediation Agreement.
- The broker or sub-agent is not entitled to a fee for mediation if, with the client, as a contracting party, concludes a Real Estate Transaction Agreement that is the subject of mediation or if a person performing mediation services on behalf of the broker or sub-agent concludes such an agreement with the client.
- The client is obliged to pay a fee even when the person with whom the broker brought him into contact concludes a legal transaction different from the one for which mediation was carried out, which is of the same value as the mediated legal transaction or achieves the same purpose as the mediated legal transaction.
- The broker is not obliged to refund the paid brokerage fee (in case of termination of the Agreement, Preliminary Agreement, withdrawal of one of the contracting parties, etc.) unless otherwise agreed by the Mediation Agreement.

 

6. LIABILITY FOR DAMAGES

 

- The broker, in carrying out mediation or other actions related to the business subject to mediation, must act with the care of a good businessman.
- The broker is liable to the client in accordance with the law for damage caused by non-fulfillment of contractual obligations assumed by the Mediation Agreement and specified in these General Terms and Conditions of Business by the broker.
- The broker is not responsible for the performance of obligations of any of the contracting parties in the transaction that they mutually assumed in the concluded Agreement (Preliminary Agreement).
- The broker is not responsible for the quality of the real estate subject to the transaction or for hidden defects (except in cases where the seller has informed him in writing that the property has a hidden defect, and he concealed that information from the buyer).
- Real estate is bought in the condition seen based on the free will of the clients and cannot be the subject of subsequent complaints.

 

7. TERMINATION OF THE AGREEMENT

 

- The Mediation Agreement ceases to have legal effects upon the expiration of the agreed term, the conclusion of the legal transaction for which the broker mediated, or termination in writing or electronically, in accordance with the law. If not otherwise agreed, the Mediation Agreement is concluded for a period of one year.
- Termination of the Mediation Agreement does not have to be justified and can be given at any time (except in the case of exclusive mediation, where the deadline is considered a significant element) and has legal effect from the moment of delivery to the other party, i.e., after establishing the authenticity of the termination. When terminating the Mediation Agreement, the client must authenticate or provide the same information as in the existing Agreement to prevent any possible misuse of this provision. In case of termination of the Mediation Agreement before the expiration of the term for which it was signed, the client is obliged to reimburse the agency for the actual costs incurred.
- When the agreement terminates due to the expiration of time, the client is obliged to reimburse the broker for the costs incurred, which were otherwise expressly agreed to be separately paid by the client.

 

8. COOPERATION WITH OTHER BROKERS

 

- The broker is ready to cooperate with other real estate brokerage agencies that adhere to fundamental ethical principles (excluding the dissemination of untrue data about business operations for the purpose of obtaining clients and jobs, denigration of other agencies in any way for the purpose of obtaining clients and jobs, unrealistic property assessments for obtaining brokerage jobs and excluding other agencies from the market, appearing in the media with the intention of personal promotion, to the detriment of other agencies).
- Mutual cooperation between agencies is based on the Code of Ethics of Real Estate Brokers - members of the Real Estate Brokerage Association.

 

9. GENERAL PROVISIONS AND DISPUTE RESOLUTION

 

- Relations between the Broker and the Client not regulated by the General Terms and Conditions, other broker's general acts, or the Mediation Agreement shall be governed by the provisions of the Law on Mediation in Real Estate Transactions and Leases, the Law on Real Estate Transactions, the Law on Obligations, the Law on Prevention of Money Laundering and Terrorism Financing, Guidelines for assessing the risk of money laundering and terrorism financing for obligors who are brokers in real estate transactions and leases, Guidelines for determining the true owner of a party, and guidelines for recording the true owner of a registered entity in central records, as well as other regulations of the Republic of Serbia.
- General Terms and Conditions are an integral part of the Mediation Agreement, prominently displayed in the broker's premises, and published on the broker's website.
- For possible disputes, the Basic Court in Belgrade has jurisdiction.

 

PRICE LIST

 

1. Brokerage fee for the sale of real estate is generally 4% of the agreed purchase price, paid to the broker upon the conclusion of the Protocol or Preliminary Sale Agreement, 2% from the Seller and 2% from the Buyer (unless otherwise agreed by an individual contract), at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
The Seller and the Buyer pay the brokerage fee.
2. Brokerage fee for the sale of real estate with a price below 25,000 euros is a minimum of 500 euros, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
This amount is paid jointly by the Seller and the Buyer or by agreement.
3. Brokerage fee for lease is the value of the monthly rent and is paid to the broker upon the conclusion of the Protocol, Preliminary Agreement, or Lease Agreement (unless otherwise agreed by an individual contract), at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
The Landlord and the Tenant pay the brokerage fee.
4. Brokerage fee for the exchange of real estate is 4% of the agreed value of the real estate being exchanged, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
The parties pay the fee in a 50-50 ratio upon the conclusion of the Protocol, Preliminary Agreement, or Agreement for the exchange of real estate, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
5. Going to the field at the request of a potential client for the assessment and expert advice on a specific property and presenting documentation is charged per ONE visit, from 50 euros / up to 3 hours / to 100 euros / 3 to 5 hours / depending on the time spent in the field, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction. If the brokerage job is completed, these costs are included in the brokerage fee.
6. Extraordinary costs incurred at the request of the interested party are charged according to the actual incurred costs, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.
7. All the aforementioned service prices are without calculated VAT, at the middle exchange rate of the National Bank of Serbia on the day of the business transaction.

 

Engaging the real estate brokerage company GLIGORIĆ REAL ESTATE LLC by the client or interested party-buyer in writing or orally implies that the interested party is familiar with this price list and the General Terms and Conditions, which are publicly available, and therefore, the interested party unconditionally accepts all obligations arising from these documents. The interested party agrees without objection that the real estate brokerage company GLIGORIĆ REAL ESTATE LLC can collect its claims through legal means in accordance with the aforementioned documents. In case of a legal dispute, the competent court is the Basic Court in Belgrade.