In accordance with Article 28 of the Law on mediation in selling and renting real estates:
General business terms and conditions define business operations of"EURORENT” Real Estate Agency.
General business terms and conditions define business relationship between the Real Estate Agent and the Customer (individual or legal entity).
Mediation is conducted on the basis of the General business terms and conditions and the Contract on mediation in renting real estates signed by the Customer and the Agent.
By signing the Contract on mediation, the Customer confirms that he/she is informed about the provisions of the General business terms and conditions of"EURORENT” Real Estate Agency and that he/she accepts them and agrees to them.
Customer may conclude the Contracts on mediation with several agents at the same time (except in case of an exclusive mediation).
- Offer in real estates is based on the information provided to the Agency in writing or orally and is conditional on confirmation. The Agency retains possibility of current error in description and price of real estates, possibility that the advertised property has already been rented or that the owner has given up renting.
- Demand in real estates is based on the information provided to the Agency in writing or orally and it is conditional on confirmation.
- Customer must keep the offers and information of the Agency as confidential and may forward them to the third parties only if approved by the Agency in written form.
- If the Customer already knows of the real estates offered to him/her by the Agency, he/she is obliged to inform the Agency immediately.
Obligation and rights of the Agent
2.1 Agent is obliged to provide the mediation services in accordance with the principles of accountability, truthfulness and transparency towards the Customer and business environment by conducting the following actions:
2.2 It shall be understood that the Agent enabled the Customer to link with the third person (individual or legal entity) for the purpose of negotiating on signing the business contract if the Customer was enabled to establish contact with another entity, he/she negotiated with about signing the contract, particularly if he/she:
- directly took or sent the Customer or a person related to the Customer to see the real estate subject to potential business deal;
- organized a meeting between the Customer and the third person (or his representative-proxy, relative) with the aim to negotiate for signing the business contract;
- informed the Customer about the name, address, phone number, fax or e-mail address of the third person interested in signing the business contract or informed the Customer about the exact location of the required real estate.
2.3 Agent conducts mediation through authorized agents and other professional services. When doing business with a concrete customer, the Agent will designate one or more agents, in accordance with the defined business operations, who will be tasked to cooperate directly with the Customer. The Customer is entitled to require another agent to be designated to him/her, instead of the one designated earlier, without an obligation to explain the reasons for such a requirement.
3.1 Customer – landlord of the real estate accepts to conduct the following actions in due course of the mediation services:
3.2 In case the Customer himself or through another agent, advertises the real estate under the price lower than the price offered through the Agent and does not inform the Agent about it within the timeframe defined in Item 3.1.7, the Agent is authorized to reduce the advertised price of the real estate, without getting particular approval of the Customer, to the lowest price of the real estate advertised by the Customer and other entities involved in the business – renting that particular real estate.
3.3 The Customer is accountable for the damage caused to the Agent and the third persons, in case he/she has not acted in accordance to the principles of conscientiousness and particularly with regard to the legal status and physical characteristics of the real estate.
3.4 The Customer is obliged to pay the mediation fee to the Agent who was the first to connect him/her with the tenant, and in case that the person who has already seen the real estate connects the Agent with the Customer, he/she is obliged to inform the Agent about it, so that potential mutual disputes between the Customer and the Agent are avoided, and in case that has not been done, it will be considered that the Agent of"EURORENT” Real Estate Agency was the first one to establish connection of the Customer with the potential tenant.
4.1 The Customer – Tenant of the real estate accepts the obligation to conduct the following actions under the mediation service:
4.2 The Customer is obliged to pay the mediation fee to the Agent who was the first to enable him to see the real estate, i.e. who was the first to tell him about the real estate. In case the Customer saw the real estate (through another agent or independently) before the Agent of"EURORENT” Real Estate Agency showed it to him/her, he/she is obliged to inform the Agent about it, so that duplication in visiting the real estate is avoided, also avoiding in such a way potential mutual disputes between the Customer and the Agent, as well as among agents, and in case the Customer fails to do that, it will be considered that the Customer has seen the real estate for the first time through the Agent of"EURORENT” Real Estate Agency.
4.3 Just before seeing a real estate, the Customer is obliged to sign a confirmation document on seeing the real estate to the Agent, thus confirming that he/she has seen the real estate through the Agent of"EURORENT” Real Estate Agency.
4.4 In case the Customer refuses to sign the confirmation document as per item 4.3, the Agent is not obliged to show the real estate to him/her. In case the Agent has shown the real estate to the Customer or individuals linked to him/her, even though the Customer refused to sign the confirmation document on seeing the real estate, and the Customer or individuals linked to him/her sign the Contract on trade – lease of the real estate, the fact that the Agent introduced the Customer to the Landlord shall be proved by other means of evidence: witnesses, written or electronic documentation, messages in the form of SMS, etc.
5.1 Since the Contract on Exclusive Mediation is a result of specific relation between the Customer and the Agent, it can also define the relations between the Customer and the Agent in a different way compared to the General business terms & conditions, except with regard to the following provisions:
5.2 All provisions of the General business terms and conditions relate also to the Contract on exclusive mediation with regard to the issues that have not been defined differently by the Contract, provided that they are not in conflict with the provisions of the laws by which the Contract on exclusive mediation is settled and the legal nature of the Contract of exclusive mediation.
6.1 Agent is entitled to make photographs or video recording of the real estate that is subject to the Contract on mediation, upon agreement of the Customer (landlord). The Agent must not use the photographs, i.e. video recording other than for the purpose of presenting the real estate to a potential tenant, i.e. for advertising the real estate on the web sites owned by the agent, real estate portals, internet advertisements, print out of the advertisements and catalogues.
6.2 Agent is entitled to conclude the Contract on mediation is written or electronic form, by which he/she shall fully or partially transfer his/her rights and obligations from the Contract on mediation to another agent, if the Customer explicitly agreed to it in the Contract on mediation. The Agent is obliged to give a copy of the Contract on mediation to the Customer within 3 (three) days upon signing the Contract.
6.3 Agent is entitled to submit the bill to the Customer for the services provided in accordance with the Contract on mediation and the General business terms and conditions.
7.1 Agent acquires the right to the mediation fee at the moment of concluding the first legal act, which the contracting parties conclude with the aim of realizing the mediation (Pre-contract or Purchase Contract).
7.2 Agent cannot require partial payment of the mediation fee in advance, i.e. prior to concluding the Pre-contract or Contract, for which he/she conducted mediation in accordance with the previous paragraph.
7.3 Amount of the mediation fee or the way it is determined, as well as the type and amount of expenses for additional services of the Agent, are determined in the Pricelist of the mediation services, which is the integral part of the General business terms and conditions.
7.4 Agent may negotiate the right to reimbursement of the additional costs necessary for execution of the order, regardless of the success of the mediation and require the advance payment of the funds for certain costs, if it is explicitly stated in the Contract on mediation.
7.5 Agent is entitled to the mediation fee if, instead of the Customer-Tenant, he/she concludes the mediation legal deal with the individual linked to the Customer-Tenant, as well as in case the Customer-Landlord concludes the mediation legal deal with an individual or legal entity linked to the third party, instead of concluding it with the third party to whom the Agent linked him/her. The linked entities shall be deemed to be: a spouse or extramarital partner, descendant, parent, spouse’s parents, his/her brothers or sisters, as well as the legal entity owned (co-owned) by the potential tenant or his/her relatives referred to in this paragraph, as well as the individuals that accompanied him/her on the presentation of the real estate.
7.6 If, upon termination of the Contract on mediation, on the basis of cancellation of the Customer or the Agent, and no longer than 12 (twelve) months after the termination of the Contract, the Customer concludes a business deal, which is the direct consequence of the mediation conducted by the Agent prior to the termination of the Contract on mediation, he/she is obliged to pay the full amount of the agreed mediation fee to the Agent, unless otherwise agreed in the Contract on mediation.
7.7 If, subject to or within the time frame referred to in the previous paragraph, the Customer concludes a business deal that is largely the result of the mediation conducted by the Agent prior to the termination of the Contract on mediation, he/she is obliged to pay the mediation fee to the Agent, unless otherwise agreed in the Contract on mediation.
7.8 Agent or Sub-agent is not entitled to the mediation fee, if he/she as a contracting party, signs on his/her own behalf the Contract with the Customer on trade of the real estate subject to mediation, i.e. if such a contract is signed with the Customer by the entity conducting mediation on behalf of the Agent.
7.9 Mediation fee calculated in percentages in relation to the contracted price of the real estate denominated in EUR or another foreign currency, is paid in RSD counter value at the selling rate of the National Bank of Serbia valid on the day of payment.
7.10 Agent is not obliged to return the paid mediation fee (in the event of termination, pre-contract, withdrawal of one of the contracting parties, etc.), unless otherwise agreed by the Contract on mediation.
7.11 Costs of obtaining the necessary documentation proving ownership of the real estate (Excerpt from the Cadastre, official confirmation, etc.) required for the sale of the real estate shall be paid by the Customer, unless otherwise agreed in the Contract on mediation.
8.1 Contract on mediation is concluded between the Agent and the Customer in writing. The term written contract shall also imply the contract concluded in electronic format in accordance with the regulations governing electronic commerce.
8.2 Contract on mediation is concluded for a limited time. Duration of the Contract on mediation is determined for each individual case of mediation and cannot be longer than 12 (twelve) months. Contract on mediation is extended several times only by written contract of the contracting parties.
8.3 Customer and the Agent are obliged to inform each other on the termination of the Contract on mediation no later than 15 (fifteen) days before the expiration of the period for which the Contract has been concluded, if they do not wish to continue the contracted mediation deal. The notice of termination of the Contract shall be provided in writing. Otherwise, if the Customer or the Agent does not inform the other party about the termination of the Contract, the Contract shall be considered prolonged for the same time frame originally concluded.
8.4 Agent may refuse to conclude the Contract on mediation with the Customer on the basis of his/her own free assessment, and in particular in any of the following cases:
9.1 While conducting mediation service, the Agent may cooperate with other agents operating on the market in accordance with the law, and in the event of conclusion of the mediated business operation, the realization of which is the result of cooperation of the Agent with other agents, the Customer cannot have greater obligations than those he/she has contracted with the Agent.
9.2 Agent is authorized to entrust mediation service for the Customer to a sub-agent by a special contract with the obligation to inform the Customer on conclusion of such a contract within 3 (three) days from the date of conclusion, unless the Contract on mediation explicitly excludes the right to conclude such a contract with sub-agent. The Customer cannot be contracted with any additional obligations by the above mentioned Contract with sub-agent.
10.1 While conducting mediation, or other actions related to the business that is subject to mediation, the Agent shall act with due diligence.
10.2 Agent shall be liable to the Customer in accordance with the law for the damage resulting from the failure to fulfil the contractual obligations committed to by the Contract on mediation and specified by the Agent in the General business terms and conditions.
10.3 Agent shall not be held liable for performance of the obligations of any of the contracting parties in the business operations, which have been mutually undertaken by them in the signed Contract (Pre-contract).
10.4 Agent is not liable for the quality of the real estate that is subject to the business, nor for hidden defects (unless the landlord informed him/her in writing that the real estate has a hidden defect, and he/she hid the information from the Customer-Tenant). The Agent is not liable for fulfilment or failure to fulfil the contractual obligations by either the landlord or the tenant.
11.1 Customers or third parties can submit all their suggestions, remarks, compliments, notifications or complaints to the agent in writing to the following address: Real Estate Agency "EURORENT" Beograd, Takovska 45, Business Centre TAKOVO, or by email to: email@example.com or by phone to: 011/ 3293-161 as well as directly in the business premises of the Agent.
11.2 Relations between the Customer and the Agent that are not regulated by the General business terms and conditions, nor agreed in the Contract on mediation, the provisions of the Law on Mediation in the Sale and Lease of Real Estate, other regulations that regulate this area and the Law on Obligations are applied.
11.3 In case of dispute, the First Basic Court in Belgrade is in charge.
Agent – Real Estate Agency "EURORENT" Belgrade
Mediation fee for the mediation services conducted in case of renting a real estate depends on:
- the amount of monthly rent and is paid to the landlord and tenant in a percentage of the rent
- agreed duration of the rent and is paid to the landlord and tenant in a percentage of the achieved amount of the monthly rent.
|AGREED DURATION OF THE LEASE
|MEDIATION FEE EXCLUSIVE MEDIATION
|up to 1000 EUR
|up to 11 months
|over 1000 EUR
|Minimum 11 months
|1. Daily lease
|Minimum 3 days
|10% of the arrangement
|2. Short-term lease
|up to 6 months
|10% per month
|3. Estimate of the real estate market price
|100 – 500 EUR
LEGAL RATE OF VAT IS ADDED TO THE PRICELIST
EURORENT Agency is in the VAT System.
1. Mediation fee for renting is in the percentage value of the monthly rent and is paid to the Agent when concluding the Protocol, Pre-contract or Lease Contract. Mediation fee is paid by the Customer-Landlord for the operations specified by the General business terms and conditions and the Tenant for the operations specified by the General business terms and conditions.
2. Expenses of the Agent that exceed the cost of 30% of the mediation fee are reimbursed to the Agent by the Customer-Tenant or Landlord (and the expenses are not included in the cost of the mediation fee).
3. Field work, showing the real estate and enabling insight into the documentation are charged by ONE field work to the amount of 10 to 50 EUR depending on the time spent in the field work. If the mediation is realized, the expenses are included in the mediation fee.
4. Extraordinary expenses incurred upon the request of the interested party shall be charged according to the actual expenses incurred.
Engagement of "EURORENT" Real Estate Agency by a customer, i.e. an interested party, implies that the interested party is familiar with the Pricelist and the General business terms and conditions that are publicly available and, consequently, the interested party accepts all the obligations arising from the relevant document. Interested party absolutely consents, with the waiver of the right to appeal or a lawsuit to the court, that "EURORENT" Real Estate Agency may collect its claims by court, in accordance with the aforementioned document.