REGINA REAL ESTATE D.O.O. NIKŠIĆ AS AN INTERMEDIARY IN REAL ESTATE TRANSACTION AND LEASE

I GENERAL PROVISIONS

The general conditions of business of the company "REGINA REAL ESTATE" DOO Nikšić, ul. Danila Bojovića 4A, registration number: 51129400, PIB: 03542726 (hereinafter: Intermediary) regulate the mutual relations between the Intermediary in the sale and lease of real estate and the natural or legal person (hereinafter: Principal) who concludes the Mediation Agreement with the Intermediary to conclude a certain legal transaction concerning the sale or lease of real estate.
By concluding the Mediation Agreement, the Principal confirms that he accepts, that is, that he is familiar with and agrees with the provisions of the Agreement and the General Terms and Conditions of the business of intermediaries in the sale and lease of real estate.
Mediation is carried out on the basis of the Mediation Agreement concluded by the principal and the mediator. The principal may have signed contracts on mediation with several mediators at the same time, except in the case of exclusive mediation.
The buyer or tenant in the capacity of Principal is obliged to sign the work order on the presentation of the real estate to the intermediary immediately before viewing the real estate, in which he confirms that he viewed the real estate in question through the Mediator.
In case the buyer or tenant refuses to sign the Confirmation from the previous paragraph, the Broker is not obliged to show him the real estate in question. In the event that the Mediator showed the property in question to the buyer or tenant and, despite refusing to sign the Certificate of Viewing, the buyer or tenant or persons related to him concluded the Contract for Sale or Lease of the property in question, the fact that the buyer/tenant is related to the seller or brought by the lessor to the Mediator will be proven by other means of evidence—witnesses, written or electronic documentation, text messages and the like.
The seller or lessor in the capacity of Principal is obliged to pay the intermediary fee to the intermediary who first brought him in contact with the potential buyer or tenant. In the event that the intermediary brings into contact with the principal (seller or lessor), a person who has already viewed the subject real estate with another intermediary, he is obliged to inform this intermediary about this, and in case he does not do so, it will be considered that the principal is with a potential buyer or tenant, brought into contact for the first time through this intermediary, and is entitled to the full mediation fee.

II OBLIGATIONS OF INTERMEDIARIES

The obligations of the intermediary are:
to conclude a mediation agreement with the Principal in writing;
to try to find and bring into contact with the Principal a person in order to conclude a legal transaction;
to give the Principal an expert and objective opinion on the price of real estate or the amount of real estate rent in accordance with its characteristics, market conditions, as well as other relevant circumstances;
to inspect the documents proving the right of ownership or other real right to immovable property whose turnover, i.e. lease, is the subject of the mediation and to warn the Principal in particular of possible risks related to the registration of the immovable property in question in the immovable registers, registered rights or encumbrances on the immovable property in question, the existence of the right of pre-emption and limitation in legal transactions in accordance with special regulations;
to carry out the necessary actions in order to present the real estate on the market, to place an advertisement related to the sale or lease of the real estate in an appropriate manner, and to perform all other actions agreed upon in the Mediation Agreement that go beyond the usual presentation, for which he is entitled to special, pre-specified costs if there is a violation of the provisions of the Mediation Agreement;
to enable an inspection of real estate for interested persons;
to inform the Principal (buyer), if he requests it in advance, about any new real estate in the offer that meets the criteria of the Principal, and to enable him to view it;
to keep data on the Principal's personality, and upon the Principal's written order to keep as a business secret data on real estate, in connection with whose turnover, i.e. lease, he mediates, or in connection with that real estate, or in the business for which he mediates;
to inform the Principal about all circumstances significant for the job in question that are known to him;
to mediate in negotiations and try to conclude the contract;
to attend and provide at his own expense the professional assistance of a lawyer if the need arises during the implementation of the legal work;
to attend the handover of immovable property;
It is considered that the Intermediary has facilitated contact with another person (natural or legal) regarding negotiations for the conclusion of a legal transaction, if the Principal has been enabled to enter into contact with another person with whom he negotiated for the conclusion of a legal transaction, and especially if:
directly took, or instructed the principal, or a third party to view the property in question;
organized a meeting between the client and a third party to negotiate the conclusion of a legal transaction;
communicated to the principal the name, phone number, fax number, or e-mail address of a third party interested in concluding a legal transaction, or if he communicated the exact location of the requested real estate;
The mediator undertakes to provide the principal with the service of an agent for intermediation in the sale and lease of real estate, who will present the real estate in question live or via video call to interested buyers/tenants in terms agreed with the principal and potential buyers/tenants.
Every scheduled real estate viewing is attended by a representative of the intermediary to ensure the implementation and compliance of the Principal's obligations from the intermediary agreement.

III RIGHTS OF INTERMEDIARIES

The mediator has the right to, with the consent of the client with whom the Mediation Agreement was concluded, take photographs and make a video recording of the real estate. Photos and videos may be used by the mediator exclusively for the purpose of marketing the presentation of the real estate in question.
The mediator has the right to, in written or electronic form, conclude a submediation agreement, by which he will, in whole or in part, transfer his rights and obligations from the mediation agreement to another mediator if the principal has expressly agreed to this in the mediation agreement.
The mediator is obliged to hand over a copy of the mediation agreement to the principal within five days from the date of the conclusion of the mediation agreement.
The mediator has the right to issue an invoice to the principal for the services rendered by the concluded Mediation Agreement and these General Terms and Conditions.

IV OBLIGATIONS OF THE PRINCIPAL

The principal's obligations are:
to inform the Mediator about all the circumstances that are important for conducting the mediation,
to provide the Mediator with the original documents proving his right to the real estate that is the subject of the transaction, that is, to warn the Mediator of all registered and unregistered encumbrances that exist on the real estate;
to provide the Mediator and the person interested in concluding the legal transaction with viewing the real estate, in the agreed manner and at the agreed time;
to inform the intermediary about all important data about the real estate, which in particular includes accurate data about the price, structure, etc.;
to provide the necessary documentation for the needs of the legal work at the competent institutions (notary, Ministry of Interior, Real Estate Cadastre, housing association, etc.) and pay the necessary fees for the same;
to pay the Mediator the agreed mediation fee, and if it is separately agreed, to compensate the Mediator for other costs incurred during the mediation;
to inform the Mediator in writing about all changes related to the mediated business, especially about changes related to real estate rights, terms and price, all within three days of the change at the latest;
to immediately notify the Mediator that the person who viewed the real estate through the Mediator has shown interest in concluding a pre-contract/agreement on the purchase and sale of real estate, renting real estate, or performing some other legal work that is a consequence of the Mediator's work, without the Mediator;
to pay the Intermediary the agreed brokerage fee in the entire amount agreed in the Agreement on Mediation in Traffic and Lease of Real Estate and in the case when the other party or a related person of the other party is also the principal (lessee/buyer) of the Intermediary;
By signing the Mediation Agreement, the Principal authorizes the Mediator to obtain from the competent notary and other competent authorities (the manager of the residential building, the Tax Administration, the Ministry of Internal Affairs, etc.) all information about the conclusion of the mediated legal affairs, to protect the rights and legal interests of the Mediator from the contract ;
The Principal may not at any time claim the costs of the mediation commission from the other party with whom the Mediator introduced and connected him for the conclusion of the mediated deal;
If a financial obligation arises before the termination of the Mediation Agreement, and the Principal has not paid it to the Intermediary, the Principal is obliged to settle it no later than the moment of termination of the Agreement.
If the Principal gives an order for mediation or concludes a Mediation Agreement contrary to the principle of conscientiousness and honesty, he is obliged to compensate the costs incurred during the
mediation, which cannot exceed the agreed mediation fee for the mediated work. This fee will serve the Mediator to cover real costs incurred during mediation (preparation of documentation, preparation of presentations, photography and recording of materials, post-production of materials, advertising of the subject real estate)

V EXCLUSIVE BROKERAGE

The principal can oblige by expressly contracting the clause on exclusive mediation, that he will not personally dispose of the immovable property that is the subject of the mediation agreement within the agreed period, nor will he engage another mediator for mediation in connection with its turnover or lease.
If, during the validity of the clause on exclusive mediation, the Principal concludes a legal transaction related to the real estate in question, for which another intermediary mediated, or the Principal personally without the mediation of any mediator, he is obliged to pay the amount to the intermediary with whom he contracted exclusive mediation in the name of damages agreed intermediary fees.
The contracting parties may terminate this agreement in writing, with a notice period of 30 days, but in such a way that the provisions of this agreement produce a legal effect within the next 12 months from the date of its termination, and all this to avoid negligent termination of the agreement by of the Principal, which the Principal confirms with his signature on this agreement.
The mediator is obliged to specifically warn the Principal about the meaning and legal consequences of the exclusive mediation clause in the Exclusive Mediation Agreement.

VI EXERCISE OF THE RIGHT TO BROKERAGE FEE

The mediator acquires the right to a mediation fee when the Principal concludes a Lease Agreement or concludes a Pre-Contract, i.e. a Contract (when no Pre-Contract was previously concluded), on the sale of real estate with the person with whom the Mediator brought him into contact.
The amount of intermediary commissions for mediation during the sale or lease of real estate is charged by the Price List of intermediary fees and additional services, which is an integral part of these General Terms and Conditions.
In accordance with its business policy, the intermediary may conclude an intermediation agreement with any principal, which stipulates that, in the event that the Principal does not fulfill any of its contractual obligations, it is obliged to pay the intermediary fee and the costs of additional services in accordance with the price list, which is an integral part of the general business conditions.
In accordance with its business policy, the Intermediary can grant the Principal, if the circumstances of the specific case justify it, a discount on the amount of the intermediary fee.
If after the termination of the Agreement on mediation based on the termination of the Principal, and within a period of no longer than twelve months (in the case of the Agreement on mediation in the rental of immovable property), i.e., two years (in the case of the Agreement on mediation in the sale or purchase of immovable property) from the date of termination of the validity of the agreement, the Principal concludes a legal transaction that is a direct consequence of the Mediator's engagement before the Mediation Agreement expires, is obliged to pay the Mediator the agreed mediation fee in its entirety, unless otherwise agreed in the Mediation Agreement.
The intermediary may contract the right to compensation for additional costs necessary for the execution of the order, regardless of the success of the mediation, and request funds for certain expenses to be paid in advance if this is expressly stated in the mediation agreement or other documents signed with the Client.
The Mediator has the right to a mediation fee if the guardian, adoptive parent or adoptee, spouse or common-law partner, relatives up to the fourth degree, as well as all other persons designated by the Mediator as a related person, conclude the mediated legal transaction.
Related persons, in addition to the aforementioned relatives, will also be considered the parents of the spouse, his brothers and sisters, descendants and illegitimate descendants, as well as the legal entity that is owned (co-owned) by the potential buyer, or his relatives mentioned in the previous paragraph, persons employed in a company related to the principal, as well as persons who attended the presentation of real estate with him, regardless of whether they are related.
The mediation agreement is valid only if it is signed on behalf of the Mediator by the Executive Director or an authorized representative, with a seal in both cases.
The mediator is not obliged to return the paid mediation fee (in case of termination of the agreement, preliminary agreement, withdrawal of one of the contracting parties, etc.) unless otherwise agreed in the mediation agreement.

VII LIABILITY FOR DAMAGES

In carrying out mediation, that is, other actions related to the work that is the subject of mediation, the mediator must act with the care of a good entrepreneur.
The Intermediary is liable to the Principal by the law for damage caused by the Intermediary's failure to fulfill the contractual obligations assumed by the intermediary Agreement and specified in these General Terms and Conditions.
The mediator is not responsible for the performance of the obligations of any of the contractual parties in the legal transaction, which they mutually undertook when concluding the Agreement/Pre-contract.
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 the case that the seller informed him in writing that the real estate has a hidden defect, and he concealed this information from the buyer).
VIII TERMINATION OF THE AGREEMENT ON MEDIATION
The Mediation Agreement determines the period for which the Agreement is concluded. Unless otherwise agreed, the Agreement will be considered concluded for one year.
The mediation agreement ceases to produce legal effects upon the conclusion of the legal transaction for which it was mediated, the expiration of the term for which it was concluded (if not otherwise agreed in the mediation agreement), or the termination of the principal or the mediator, which is given in written or electronic form in the case of mediation in real estate transactions.
Termination of the Mediation Agreement in accordance with the articles of the Agreement does not have to be explained; it can be given at any time (except for exclusive mediation, where the deadline is considered an essential element of the Agreement).
IX CONFIDENTIALITY AND COPYRIGHT
All data and information from the Mediation Agreement, as well as other data and information regarding the manner and success of the contract, are business secrets.
All photos, video material, technical drawings (2D and 3D), as well as textual descriptions of real estate created by the intermediary, are the exclusive intellectual property of the intermediary, and the principal or any third parties have no right to publish, use, reproduce, and market them. without the prior written consent of the mediator.

X FINAL PROVISIONS

The provisions of the Law on Obligations shall be applied to the relations between the intermediary and the principal, which are not regulated by the General Terms and Conditions of Business, other general acts of the intermediary, or the Mediation Agreement.
These General Terms and Conditions are an integral part of the Mediation Agreement; they are prominently displayed on the Mediator's premises and published on the Mediator's website.
Attachment: Price list of services
In Nikšić, on September 25, 2024.
REGINA REAL ESTATE DOO Nikšić

NOTE:
The real estate agency REGINA REAL ESTATE is ready to cooperate with other mediation agencies that respect the fundamental ethical principles (which exclude the presentation of false information about the business in order to obtain business and clients, disparaging other agencies in any way to obtain business and clients, unrealistic assessments of real estate for the purpose of concluding mediation deals and excluding other agencies from the market and appearing in the media with the intention of personal promotion, to the detriment of other agencies).