SONJA ARSOVIĆ PR AGENCIJA ZA NEKRETNINE 4 FAMILY BEOGRAD

These General Terms and Conditions regulate the business relationship between the entrepreneur, operating as a real estate brokerage and leasing agent, and the principal (a physical or legal entity).

By entering into a brokerage agreement, or by accepting these terms, the principal confirms that they are familiar with and agreeable to the provisions of the General Terms and Conditions of the real estate broker.

Brokerage activities are performed based on a Brokerage Agreement concluded between the principal and the broker. The principal may conclude Brokerage Agreements with multiple brokers simultaneously, except in the case of an exclusive brokerage agreement.

A buyer or tenant acting as a principal is obliged to pay the brokerage fee to the broker who first enabled them to view the respective property, or who first introduced them to the respective property. In the event that the principal (buyer or tenant) had viewed the respective property through another broker or independently before the broker showed it to them, they are obliged to inform the broker about this. If they fail to do so, it shall be deemed that they viewed the property for the first time through this broker.

A buyer or tenant acting as a principal is obliged to sign a Property Viewing Confirmation for the broker immediately prior to viewing the property, confirming that they are viewing the respective property through the broker.

In the event that the buyer or tenant refuses to sign the Confirmation mentioned in the previous paragraph, the broker is not obligated to show them the respective property. If the broker shows the property to the buyer or tenant despite their refusal to sign the Property Viewing Confirmation, and the buyer, tenant, or any related parties conclude a Transaction or Lease Agreement for the respective property, the fact that the broker brought the buyer/tenant into contact with the seller or landlord will be proven by other evidentiary means – witnesses, written or electronic documentation, SMS messages, and similar methods.

A seller or landlord acting as a principal is obliged to pay the brokerage fee to the broker who first brought them into contact with a potential buyer or tenant. In the event that the broker introduces a person to the principal (seller or landlord) who has already viewed the respective property, the principal is obliged to inform the broker about this. If they fail to do so, it shall be deemed that the principal was brought into contact with the potential buyer or tenant for the first time through the broker.

The obligations of the broker are:

• to conclude a brokerage agreement with the principal in written form;
• to endeavor to find and bring the principal into contact with a party for the purpose of concluding a legal transaction;
• to provide the principal with an objective opinion on the property price or the rental amount in accordance with its characteristics, market conditions, and other relevant circumstances;
• to inspect the documents proving the right of ownership or other property rights on the real estate that is the subject of the brokerage, and to warn the principal particularly of possible risks related to the registration of the respective property in real estate registries, registered rights or encumbrances on the property, the existence of the right of first refusal, and restrictions in legal transactions in accordance with special regulations;
• to perform the necessary actions to present the property on the market, to place an advertisement regarding the sale or lease of the property in an appropriate manner, and to perform all other actions agreed upon in the brokerage agreement that go beyond a standard presentation, for which the broker has the right to special, pre-disclosed costs;
• to enable the viewing of the property;
• to protect the personal data of the principal, and upon written instruction from the principal, to keep information about the property, its sale or lease, or the transaction itself, as a business secret;
• to inform the principal of all known circumstances significant to the transaction;
• to mediate in negotiations and endeavor to lead to the conclusion of a contract;
• to attend and ensure professional legal assistance from an attorney regarding the drafting of the Pre-contract/Agreement for the purchase and sale of real estate and other necessary documentation;
• to attend the official handover of the property.

The broker is deemed to have enabled the principal to establish contact with another party (physical or legal) to negotiate the conclusion of a legal transaction if the principal was enabled to enter into contact with another person with whom they negotiated the conclusion of a legal transaction, and particularly if the broker has:

• directly taken or directed the principal, or a third party, to view the respective property;
• organized a meeting between the principal and a third party for the purpose of negotiating the conclusion of a legal transaction;
• communicated to the principal the name, phone number, fax number, or electronic address of a third party interested in concluding a legal transaction, or communicated the exact location of the requested property.

The broker has the right, with the consent of the principal with whom a Brokerage Agreement has been concluded, to take photographs and video recordings of the property. The broker may use the photographs and video recordings exclusively for the purpose of marketing presentations of the respective property.

The broker has the right to conclude a Sub-brokerage Agreement in written or electronic form, by which they will transfer their rights and obligations from the Brokerage Agreement, in whole or in part, to another broker, provided that the principal has expressly agreed to this in the Brokerage Agreement. The broker is obliged to deliver a copy of the Sub-brokerage Agreement to the principal within five days from the date of its conclusion.

The broker has the right to issue an invoice to the principal for the services rendered, in accordance with the concluded Brokerage Agreement and these General Terms and Conditions.

The obligations of the principal are:

• to inform the broker of all circumstances relevant to the execution of the brokerage service;
• to provide the broker with original documents proving their right to the property that is the subject of the transaction, and to warn the broker of all registered and unregistered encumbrances existing on the property;
• to ensure that the broker and the party interested in concluding the legal transaction can view the property in the agreed manner and at the agreed time;
• to inform the broker of all essential information about the property, which specifically includes exact data regarding the price, structure, etc.;
• to pay the broker the agreed brokerage fee, and if specifically agreed, to reimburse the broker for other expenses incurred during the brokerage process;
• to notify the broker in writing of all changes regarding the brokered transaction, particularly changes related to property rights, deadlines, and price, all within three days of the occurrence of the change;
• to immediately inform the broker if a party who viewed the property through the broker expressed interest in concluding a pre-contract/contract of purchase, sale, or lease, or executing any other legal transaction without the broker, as a consequence of the broker's work;
• to pay the broker the agreed brokerage fee in the full amount specified in the Brokerage Agreement, even in cases where the other party or a related party of the other side is also a principal of the broker.

The principal may commit, by expressly agreeing to an exclusive brokerage clause, that within the agreed period they will not personally alienate the property that is the subject of the Brokerage Agreement, nor engage any other broker for brokerage services regarding its transaction.

If, during the validity of the exclusive brokerage clause, the principal concludes a legal transaction regarding the respective property for which another broker mediated, or does so personally without the mediation of any broker, they are obliged to pay the broker with whom they agreed on exclusive brokerage the amount of the agreed brokerage fee as compensation for damages.

The broker is obliged to specifically warn the principal in the Brokerage Agreement about the meaning and legal consequences of the exclusive brokerage clause.

The broker acquires the right to the brokerage fee on the day of the notarization of the pre-contract/contract for the purchase and sale of the real estate for which the broker mediated, and at the latest within fifteen days from the day of the notarization of the purchase and sale contract.

The broker cannot demand partial payment of the brokerage commission in advance, i.e., prior to the conclusion of the pre-contract or contract for which they mediated, all in accordance with the previous paragraph.

The amount of the brokerage fee, or the method of determining the amount of the brokerage fee, as well as the type and amount of costs for additional broker services, are established by the Brokerage Services Price List, which is an integral part of these General Terms and Conditions.

The broker may negotiate the right to compensation for additional costs necessary for the execution of the order, regardless of the success of the brokerage, and request that funds for certain expenses be paid in advance, if this is explicitly stated in the brokerage agreement.

The broker has the right to a brokerage fee if a spouse, cohabiting partner, descendant, parent, or any other related person with whom the broker brought the principal into contact, concludes the mediated legal transaction.

If, after the termination of the brokerage agreement based on a termination notice by the principal, and within a period not exceeding one month from the date of termination, the principal concludes a legal transaction that is a direct consequence of the broker's mediation prior to the termination of the agreement, the principal is obliged to pay the broker the agreed brokerage fee in full, unless otherwise agreed in the brokerage agreement.

If, under the conditions and within the period mentioned in the previous paragraph, the principal concludes a legal transaction that is substantially a result of the broker's mediation prior to the termination of the brokerage agreement, they are obliged to pay the broker a proportional brokerage fee, unless otherwise agreed in the brokerage agreement.

The broker or sub-broker does not have the right to a brokerage fee if they conclude the contract that is the subject of the brokerage as a contracting party in their own name, or if such a contract is concluded with the principal by a person who performs brokerage activities for the broker or sub-broker.

The costs of obtaining the necessary documentation proving ownership of the respective property (Excerpts from the cadaster and similar), which is required for the transaction of the property, shall be borne by the principal, unless otherwise agreed in the Brokerage Agreement.

The broker has the right to grant a discount to the principal on the amount of the brokerage fee.

In performing the brokerage service, or other actions related to the business transaction that is the subject of the brokerage, the broker must act with the due diligence of a prudent businessman.

The broker is liable to the principal in accordance with the Law for damages resulting from the non-fulfillment of contractual obligations assumed under the Brokerage Agreement and stated in these General Terms and Conditions by the broker.

The broker bears no responsibility for the fulfillment of the obligations of any of the contracting parties in the transaction, which they mutually assumed in the concluded pre-contract/contract for the purchase and sale of real estate.

The broker is not responsible for the quality of the real estate that is the subject of the transaction, nor for hidden defects (except in cases where the seller informed the broker in writing that the property has a hidden defect, and the broker concealed that information from the buyer).

For relationships between the principal and the broker that are not regulated by these General Terms and Conditions, and are not agreed upon in the brokerage agreement, the provisions of the Law regulating this field and the Law on Obligations shall apply.