General provisions

General terms of business of the real estate agency SOLIS, governed and construed in accordance with the article 28. of the provisions of the Act on property transactions and lease of real estate, regulate business relationship between the Agent in property transactions and lease of real estate, and the Client (private or legal entity).

By entering the Brokerage agreement with the Agent, the Client hereto understands, acknowledges and agrees with the General business terms of the Agent in real estate transactions.

Agent’s services are provided pursuant to the Brokerage agreement in property transactions and lease concluded by Client and Agent.

Client may enter several Brokerage agreements with more than one Agent (except for the exclusive services in property transactions).

Client/Lessee in the capacity of Ordering party is bound to pay adequate consideration to the Agent for the services of viewing the relevant property, i.e. the Agent who initially introduced the relevant property.

In the event that the Ordering party (client/lessee) had already viewed the property (with some other agent or of his own accord) before viewing the property with the Agent of real estate agency SOLIS, the Client is bound to notify the Agent in due time so as to avoid reviewing of the relevant property as well as any legal disputes between the Client and the Agent or between agents; in case of default the viewing services will be regarded as provided by the Agent of real estate agency SOLIS.

Seller/Lessor in the capacity of Client is bound to pay adequate consideration to the Agent who originally made introduction between the Client and potential buyer/lessee. In the event of the Agent’s introduction of the Client (seller/lessor) and the party already introduced to the relevant property, the Agent must be notified so as to avoid any legal disputes between the Client and the Agent or between agents; in case of default the introducing services will be regarded as provided by the real estate agency SOLIS.

Client/Lessee in the capacity of Ordering party is bound to sign a certificate of viewing the property provided by the Agent, prior to the subject viewing which herby confirms that the property viewing was initially provided by the Agent.

In case of default of the previous subsection, the Agent is not bound to provide services of viewing the property. In the event of the services of viewing already provided without any signed certificate and the client/lessee or a third party set out in section II, last paragraph of this Business terms, concludes Contract of Sale/Lease, the initial introduction between client/lessee and seller/lessor made by the Agent, will be argued and supported by other means- herby witnesses, written or electronic documentation, mobile correspondence etc.


GENERAL OBLIGATIONS OF AN AGENT, AGENT’S RIGHTS IN THE PROPERTY TRANSACTION SERVICES, EXCLUSIVE SERVICES AND CLIENT’S RIGHTS AND OBLIGATIONS

Agent’s rights and obligations

  • to make a Contract of Sale/ Brokerage agreement in property transactions with Client in written or electronic form in accordance with the Electronic Commerce Act
  • to establish contact between Client and third party for the purposes of legal cooperation and agreement
  • to verify the actual condition of the property, its price or rental price in accordance with its characteristics, relevant housing market and other circumstances
  • to verify the legal status of the property; ownership, any material or other rights of third parties to the relevant property; To present potential risks in regards to the relevant property registration in the Land Registry to the Client; provide information about registered titles i.e. registered land charges, potential pre-emption rights and legal limitations pursuant to the relevant provisions
  • to perform certain operations necessary for the property market presentation, adequate property sale/lease advertising, including other activities stipulated in the Agreement, beyond usual presentation, and for which, Agent is entitled to specific predefined expenses
  • to provide viewing of the property
  • to keep the personal information of the Client and by the written order of Client, to keep relevant property data, related transaction/lease information, as confidential
  • to keep the Client informed about significant circumstances available to the Agent, regarding the intended transaction.
  • to manage process of negotiation for the delivering of contract
  • to be present at the conclusion of the legal agreement (Preliminary contract and Contract of Sale)
  • to be present at property delivery
  • to provide, at his own expense, professional legal assistance (counsel) for the purposes of drafting Preliminary contract, Contract of Sale and other supporting documents
  • to keep records on property transaction services

It is considered that the connection between Client and the third party (private or legal entity) is established by the Agent, for the purposes of negotiation on delivering of legal agreement; if the Client was facilitated to make contact with the third party in the course of negotiation on delivering legal agreement, particularly if:

  • the Agent immediately guided or directed Client or third party to the relevant property viewing
  • arranged a meeting between the Client and the third party (or his representative – authorized person, relative and the like) for the purposes of negotiation on delivering of legal agreement
  • provided the Client with the name, phone number, facsimile number or email address of the third party interested in the conclusion of contract, or if the Agent provided the Client with the information on the precise location of the relevant property

The Agent, with the consent of the Client (seller/lessor), is entitled to take photographs or make a video record of the relevant property from the Brokerage agreement in property transactions.

Relevant photographs i.e. video records can only be used for the purposes of the property presentation to potential client/lessee, i.e. advertising on the website and/or in other media, and for no other purposes.

The Agent is entitled to deliver Brokerage agreement in property transactions, in written or electronic form, hereby which the Agent’s rights and obligations from the Agreement are in their entirety or partially transferred to another Agent, provided that the Client explicitly consented to in the Agreement.

The Agent is obliged to provide the Client with the copy of the relevant Brokerage agreement in property transactions within three days from the day of the Agreement delivery.

The Agent is entitled to issue an invoice to the Client for the services provided, in accordance with the Brokerage agreement in property transactions and these General terms of business.

Exclusive brokerage services in property transactions

Client is entitled to explicitly agree to contractual stipulation on exclusive brokerage services in property transactions, hereby which Client will not personally alienate the relevant property from the Agreement within the agreed time limits, nor will engage any other Agent in the relevant property transaction.

In the event of delivering legal agreement on the relevant property by the Client, personally or by other Agent, whereas, contractual stipulation on exclusive property transaction services remains valid; the Client is obliged to pay damages, i.e. stipulated agency commission to the Agent, the Client concluded the Agreement with.

The Agent is obliged to explicitly serve notice on the significance and legal remedies of the stipulation on exclusive brokerage services in property transactions to the Client.

Client’s rights and obligations

  • property transaction
  • to submit to the Agent all relevant original documents proving Client’s registered title of the relevant property, i.e. to notify the Agent about existing registered/unregistered land charges on the relevant property
  • to provide the Agent and the third party interested in the conclusion of Agreement with property viewing as agreed and at the agreed time
  • to provide the Agent with all relevant property data, including exact price, location, structure data etc.
  • to pay the stipulated agency commission, to the Agent in the event of agreed property transaction performance, as well as in the events stipulated in the section III of these General terms of business. When provided under agreement, to reimburse other additional consequent transactional costs
  • to give notice in written or electronic form to the Agent about all the changes relevant to the property transaction, specifically about the changes related to registered titles, time limitations and price; notice is to be served within three days thereupon a change being made
  • to immediately notify the Agent in the event of a third party (or related party), who has already viewed the property through the Agent’s services, is interested in concluding Preliminary contract/Contract of Sale/Lease or any other legal agreement/ business considered as Agent’s services, without the engagement of Agent

EXERCISE OF THE RIGHT TO AGENCY COMMISSION

The Agent is entitled to agency commission by the conclusion of Brokerage agreement in property transactions, unless both Client and Agent agreed upon exercise of this right by the conclusion of Preliminary contract.

The Agent is not entitled to a partial prepayment of agency commission, i.e. prior to the Preliminary contract /Contract of Sale conclusion, which the Agent provided services for, in pursuant to the previous subsection.

The amount of agency commission, i.e. commission determination, as well as type and amount of costs for additional Agent’s services are stipulated hereby the Pricelist of agency services, a constituent part of General terms of business.

Acquisition costs of relevant documents (extract from the Land Registry) for the property transaction, bears the Client, unless it was stipulated otherwise in the Brokerage agreement in property transactions.

The Agent may agree upon reimbursement of additional costs for the order execution process, regardless of the property transaction results and apply for certain costs prepayment, when it is explicitly provided under Brokerage agreement in property transactions.

The Agent is entitled to agency commission in the event of delivery of legal agreement hereby Client’s spouse, i.e. common-law wife/husband, descendant, parent as well as by other related parties whose contact with the Client was established by the Agent.

In addition to abovementioned related parties; Client spouse’s parents, spouses’ siblings, as well as, legal entity owned (co-owned) by the potential Client or by Client’s relatives stated in this subsection, will all be considered as related parties, as well as parties present at the property presentation.

In the event of following the termination of Brokerage agreement in property transactions, based on Client’s cancellation, Client concludes legal agreement as a result of Agent’s provided services prior to Brokerage agreement termination, Client is obliged to pay entire amount of stipulated agency commission, unless stipulated otherwise in the Brokerage agreement in property transactions.

In the event of stated conditions in the previous subsection, Client concludes legal agreement as a considerable result of Agent’s provided services, prior to Brokerage agreement termination, Client is obliged to pay proportional amount of stipulated agency commission, unless stipulated otherwise in the Brokerage agreement in property transactions.

The Agent, i.e. subagent is not entitled to agency commission in the event of Agreement delivery with the Client, on his own behalf, as a contractual party of the relevant Brokerage agreement in property transactions, i.e. if such an agreement is delivered by a party performing property transaction duties on Agent’s or subagent’s behalf.

The Agent is not obliged to agency commission refund (in the event of Contract/ Preliminary contract of Sale termination or if one of the contractual parties desists from a transaction, etc.), unless stipulated otherwise in the Brokerage agreement in property transactions.

LIABILITY FOR DAMAGES

In the process of property transaction, i.e. managing additional operations relevant to property transaction, the Agent, as a business person, must exercise duty of care.

For any damages caused by default in the performance of the Brokerage agreement in property transactions and General business terms, the Agent is liable to the Client.

The Agent is not liable for performance of any assumed liabilities of either contractual party in the transaction, stipulated in the Contact of Sale (Preliminary contract).

The Agent is not liable for the quality of the relevant property, nor for any of its hidden defects (unless in the event the Agent received a written notice of property defects from the seller, yet withheld this information from the Client).

EXPIRATION OF THE TERM OF THE BROKERAGE AGREEMENT IN PROPERTY TRANSACTIONS

The contractual term of the Brokerage agreement in property transactions is specified in the agreement itself. Unless stipulated otherwise, the contractual term is considered to be one year.

Legal effect of the Brokerage agreement ceases for the agreed legal business services, by the expiration of the contractual term (unless stipulated otherwise in the Brokerage agreement in property transactions), or by Client’s written/electronic cancellation.

Brokerage agreement cancellation may not be explained, may be received at any time (except for the exclusive brokerage services, where the contractual term is regarded as a significant element of the Agreement), and is enforced upon delivery to the contractual party.

GENERAL PROVISIONS

To business relations between Client and Agent, which are not regulated by Brokerage agreement, or by these General business terms; provisions from the Act on property transactions and lease of real estate, civil obligations Act and other related regulations will be directly applied.

General business terms are constituent part of Brokerage agreement in property transactions; noticeably placed at the agency offices and available on the official website.

FEES

The list of commission fees charged for agency in sale/purchase, exchange or rental of real estate.

The general terms of business are a part of the agency agreement, and are displayed in prominent places on the premises and published on our website

PURCHASING AND SALES  (commission is charged as total amount percentage of the purchasing and sales price)

Sales of property  (Agent’s commission for the services of sale is charged from the seller)

• 3% (minimum amount 1.000€ in RSD counter value)

Purchasing property  (Agent’s commission for the purchasing services is charged from the buyer)

• 3% (minimum amount 1.000€ in RSD counter value)

Property exchange  (both parties in the exchange are charged for commission)

• 3% (calculated percentage of the total value of the property acquired by the exchange)

LEASE OF PROPERTY

Lessor (commission charged from lessor)

  • Monthly rental fee percentage
  • Minimum: 50%
  • For the lease of 12 to 59 months period : 75 %
  • Minimum for the lease of 60 months (5 years) or longer: 100%

Lessee  (commission charged from lessee)

  • Monthly rental fee percentage
  • Minimum: 50%
  • For the lease of 12 to 59 months period : 75 %
  • Minimum for the lease of 60 months (5 years) or longer: 100%

V.A.T (value added tax 20%) is not included in the price.