GENERAL TERMS AND CONDITIONS OF BUSINESS

I GENERAL PROVISIONS

The General Terms and Conditions of Business of AS Nekretnine Pro, in accordance with Article 28 of the Law on Real Estate Mediation and Rental, govern the business relationship between the Real Estate Mediator and the Principal (individual or legal entity). By concluding the Mediation Agreement, the Principal confirms that they accept, are familiar with, and agree to the provisions of the General Terms and Conditions of the real estate mediator.

Mediation is conducted based on the Mediation Agreement, which is concluded between the Principal and the Mediator.

The Principal may have concluded Mediation Agreements with multiple Mediators simultaneously (except in the case of exclusive mediation).

The buyer/tenant, in the capacity of the Principal, is obligated to pay the mediation fee to the Mediator who first enabled them to view the property in question or who first introduced them to the property in question. If the Principal (buyer/tenant) has viewed the property (through another mediator or on their own) before AS Nekretnine Pro showed it to them, they are obligated to inform the Mediator of this to avoid repeated viewings and to prevent potential disputes between the Principal and the Mediator and among the mediators. If they do not do this, it will be considered that the property was viewed for the first time through the Mediator AS Nekretnine Pro.

The seller/lessor, in the capacity of the Principal, is obligated to pay the mediation fee to the Mediator who first connected them with a potential buyer/tenant. If the Mediator connects the Principal (seller/lessor) with a person who has already viewed the property, they are obligated to inform the Mediator to avoid potential disputes between the Principal and the Mediator and among the mediators. If they do not do this, it will be considered that the Principal was first connected with the potential buyer/tenant through AS Nekretnine Pro.

The buyer/tenant, in the capacity of the Principal, is obligated to sign the Confirmation of Viewing the Property before the property viewing, in which they confirm that they viewed the property for the first time through the Mediator.

If the buyer/tenant refuses to sign the Confirmation mentioned in the previous paragraph, the Mediator is not obligated to show them the property. If the Mediator shows the property to the buyer/tenant despite their refusal to sign the Confirmation, and the buyer/tenant or related persons mentioned in Part II, last bullet point, of these General Terms and Conditions conclude a Sales/Rental Agreement regarding the property in question, the fact that the buyer/tenant was introduced to the seller/lessor by the mediator will be proven by other evidence—witnesses, written or electronic documentation, SMS messages, etc.

II DESCRIPTION OF THE TASKS THE MEDIATOR IS OBLIGED TO PERFORM, MEDIATOR'S RIGHTS DURING MEDIATION, EXCLUSIVE MEDIATION AND OBLIGATIONS OF THE PRINCIPAL

Mediator's Obligations and Rights

• To conclude a Mediation Agreement with the Principal in written form or electronic form in accordance with the law regulating electronic commerce;
• To strive to find and connect the Principal with a person for the conclusion of a legal transaction;
• 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;
• To review documents proving ownership rights or other real rights to the property whose mediation is the subject. To especially inform the Principal of potential risks related to registering the property in the property registers; recorded rights or encumbrances on the property, the existence of preemptive rights, and restrictions in legal transactions in accordance with specific regulations;
• To take necessary actions for the presentation of the property in the market, to post an advertisement regarding the sale/rental of the property appropriately, and to carry out all other actions agreed upon in the mediation agreement that exceed ordinary presentation, for which they have the right to special, previously stated costs;
• To facilitate property viewings;
• To keep personal data of the Principal confidential, and upon written request from the Principal, to treat data related to the property in mediation or that property, or business for which they mediate as a business secret;
• To inform the Principal of all circumstances relevant to the transaction that are known to them;
• To mediate in negotiations and strive to conclude the Agreement;
• To attend the conclusion of the legal transaction (Pre-agreement and Agreement);
• To attend the handover of the property;
• To provide, at their expense, expert assistance (lawyer) related to the preparation of the Pre-agreement, Agreement, and other necessary documentation;
• To keep records of mediation and sub-mediation.

The Mediator is considered to have enabled the Principal to connect with another person (individual or legal entity) for negotiating the conclusion of a legal transaction if the Principal was enabled to contact another person with whom they negotiated the conclusion of the legal transaction, especially if they:

• Directly led or directed the Principal, or a third party to view the property in question;
• Organized a meeting between the Principal and a third party (or their representative—proxy, relative, etc.) to negotiate the conclusion of the legal transaction;
• Provided the Principal with the name, telephone number, fax number, or email address of a third party interested in concluding the legal transaction, or if they provided them with the exact location of the requested property.

The Mediator has the right, with the consent of the Principal (seller/lessor), to photograph or record the property whose sale is agreed upon in the Mediation Agreement. The created photographs or videos may only be used for the purpose of presenting the property to potential buyers/tenants or advertising it by placing it on their website or through online advertisements.

The Mediator has the right to conclude a Sub-mediation Agreement in written or electronic form, by which they will fully or partially transfer their rights and obligations from the Mediation Agreement to another mediator, if the Principal has explicitly agreed to this in the Mediation Agreement. The Mediator is obliged to provide the Principal with a copy of the Sub-mediation Agreement within three days of the conclusion of that agreement.

The Mediator has the right to issue an invoice to the Principal for the services rendered in accordance with the concluded Mediation Agreement and these General Terms and Conditions of Business.

Exclusive Mediation

The Principal can commit by explicitly agreeing to an exclusive mediation clause, not to personally dispose of the property that is the subject of the Mediation Agreement during the agreed term, nor to engage another mediator for mediation regarding its sale.

If during the validity of the exclusive mediation clause, the Principal concludes a legal transaction related to the property for which another mediator mediated or personally, without the mediation of any mediator, they are obliged to pay the Mediator with whom they agreed on exclusive mediation the amount of the agreed mediation fee as compensation for damages.

The Mediator is obliged to specifically warn the Principal of the meaning and legal consequences of the exclusive mediation clause in the Mediation Agreement.

Obligations of the Principal

• To inform the Mediator of all circumstances significant for conducting mediation;
• To provide the Mediator with originals of the documents proving their right to the property subject to sale, or to inform the Mediator of all registered and unregistered encumbrances existing on the property;
• To ensure the Mediator and the person interested in concluding the legal transaction can view the property in the agreed manner and at the agreed time;
• To inform the Mediator of all significant information about the property, which particularly includes accurate information regarding price, location, structure, etc.;
• To pay the Mediator the agreed mediation fee upon realization of the agreed sale, as well as in the cases from Part III of these General Terms and Conditions. If specifically agreed upon, to reimburse the Mediator for other additional expenses incurred during mediation;
• To notify the Mediator in writing or electronically of all changes related to the mediated transaction, especially changes regarding rights to the property, deadlines, and price, all within three days of the change;
• To immediately inform the Mediator that a person who viewed the property through the Mediator (or a related person) has shown interest in concluding a Contract/Pre-agreement for the purchase of the property, the Rental of the property, or conducting any other legal transaction resulting from the mediator’s work.

III ACQUIRING THE RIGHT TO MEDIATION FEE

The Mediator acquires the right to a mediation fee at the moment of concluding the Agreement for which they mediated, unless the Mediator and the Principal agreed that the right to a mediation fee is acquired at the moment of concluding the Pre-agreement for which the mediator mediated.

The Mediator cannot require partial payment of the mediation commission in advance, i.e., before the conclusion of the Pre-agreement or Agreement for which they mediated, in accordance with the previous paragraph.

The amount of the mediation fee, i.e., the method of determining the amount of the mediation fee, as well as the type and amount of costs for additional services of the Mediator, are established in the Price List of mediation services, 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 (extract from the Cadastre, etc.), which is required for the sale of the property, are borne by the PRINCIPAL unless otherwise agreed in the Mediation Agreement.

The Mediator may contract a right to compensation for additional costs necessary to execute the order, regardless of the success of the mediation, and request that funds for certain expenses be paid in advance, if this is explicitly stated in the Mediation Agreement.

The Mediator has the right to a mediation fee if a spouse, cohabitant, descendant, parent, or other persons related to the person with whom the Mediator connected the Principal concludes the mediated legal transaction. Related persons will include, in addition to the persons listed, persons in the same household, co-owners, and other persons in similar relationships.

The Principal is obliged to pay the mediation fee even if the legal transaction is not concluded due to the fault of the Principal, in cases where the other party has shown interest in concluding the transaction.

If the mediation is conducted in a manner that allows the conclusion of multiple legal transactions, the mediation fee will be calculated based on each transaction, according to the provisions of these General Terms and Conditions.

The Principal is also obliged to pay the mediation fee in cases where a property owner has indicated an intention to sell the property or the conditions have been fulfilled for its disposal, regardless of whether the mediator has directly mediated the conclusion of the Agreement.

In case of delay in payment, the Mediator may require default interest and compensation for damages incurred due to non-payment of the mediation fee.

IV FINAL PROVISIONS

These General Terms and Conditions of Business come into effect on the date of publication on the official website of AS Nekretnine Pro.

All changes and amendments to these General Terms and Conditions will be published on the official website of AS Nekretnine Pro and will enter into force upon their publication