General Terms and Conditions

The General Terms and Conditions of Business of Iryna Mayk PR Real Estate Agency Nova Zgrada Belgrade, located at 92 Tadeusza Kosciuszko Street, office 2, Stari Grad, VAT ID: 114577042, Company ID: 67667280, Mediators Register No. 1885, in accordance with Article 28 of the Law on Mediation in Real Estate Transactions and Leasing, regulate the business relationship between the Real Estate Mediator and the Client.

By signing the Mediation Agreement, the Client confirms that they accept, are familiar with, and agree to the provisions of the General Terms and Conditions of the Real Estate Mediator.

For clarity, certain terms in these General Terms and Conditions have the following meanings:

MEDIATOR – Iryna Mayk PR Real Estate Agency Nova Zgrada Belgrade, located at 92 Tadeusza Kosciuszko Street, office 2, Stari Grad, VAT ID: 114577042, Company ID: 67667280, Mediators Register No. 1885.

CLIENT – a natural or legal person who enters into a mediation agreement with the mediator – seller, buyer, tenant, or landlord.

MEDIATION – activities performed by the mediator in real estate transactions and leasing aimed at connecting the Client with a third party, initiating and conducting negotiations, and preparing for the conclusion of legal transactions – sale or lease of real estate.

THIRD PARTY – a person the mediator seeks to connect with the Client for negotiations regarding the conclusion of legal transactions relating to the real estate subject to the mediation agreement.

RELATED PERSONS – spouse or domestic partner, descendants, or parents of the Client (natural person) or the third party the mediator connects with the Client, as well as directors, representatives, founders, or board members of the Client (legal entity), or persons related to them as defined in this clause, unless otherwise specified by law.

MEDIATION FEE – the monetary amount the Client is obliged to pay to the Mediator for mediation services as determined by these Terms and Conditions and the Mediation Agreement.

MEDIATION AGREEMENT

Mediation is conducted based on a written or electronic Mediation Agreement for the sale, purchase, or lease of real estate, or any other legal transaction achieving the same purpose (hereinafter: “Mediation Agreement”), concluded between the Client and the Mediator, which defines their mutual rights and obligations.

REAL ESTATE OFFER

The Mediator’s real estate offer is based on data and documents provided by the Client or observed during the on-site inspection of the property.

The Client, under full criminal and material liability, guarantees by signing the mediation agreement that the information provided to the Mediator regarding the property and the rights to it is complete and accurate.

The buyer/tenant acting as the Client is obliged to sign a Property Viewing Confirmation / Work Order for Property Presentation (Property Register) immediately before viewing the property, confirming that the property is being viewed for the first time through the Mediator.

If the buyer/tenant refuses to sign the Confirmation, the Mediator is not obliged to show the property. If the property is shown despite the refusal, and the buyer/tenant or related person enters into a Preliminary Agreement / Sale / Lease Agreement, the fact that the connection was established through the Mediator may be proven by other means, including witnesses, written or electronic documents, or messages.

OBLIGATIONS OF THE MEDIATOR

Depending on the type of Mediation Agreement and its provisions, the Mediator undertakes to:

• Seek and connect the Client with a party for negotiation and conclusion of the relevant agreement;
• Provide the Client with an objective opinion on property price or rental value;
• Review documents proving ownership or other real rights and inform the Client of potential risks;
• Market the property, including online listings, and perform all agreed presentation activities beyond standard marketing, for which additional pre-agreed costs may apply;
• Organize property viewings and notify the Client of interested parties;
• Mediate negotiations and strive to conclude agreements;
• Provide professional assistance (e.g., legal support) as necessary;
• Maintain records of mediation activities;
• Protect Client data and treat information about the property as confidential unless disclosure is required for contract execution;
• Notify the Client of all circumstances relevant to the transaction.

The Mediator is considered to have fulfilled obligations once the Client is provided the opportunity to connect with another party for negotiations.

All obligations may be performed electronically. If the Client has not opted for online mediation, the Mediator provides a licensed agent to present the property in person to potential buyers/tenants at agreed times.

RIGHTS OF THE MEDIATOR DURING MEDIATION

• The Mediator may, with the Client’s consent, take photos or video of the property for presentation and advertising purposes only;
• The Mediator may enter into a sub-mediation agreement to transfer rights and obligations to another mediator if explicitly agreed by the Client;
• The Mediator is entitled to payment for services rendered and may issue invoices to the Client;
• The Mediator may collect data necessary for anti-money laundering and counter-terrorism compliance and may refuse cooperation if required data is not provided.

OBLIGATIONS OF THE CLIENT

• Provide all relevant information about the property to the Mediator;
• Present documents proving property ownership and notify of any encumbrances;
• Supply contact details and notify the Mediator promptly of changes;
• Facilitate property viewings for interested parties;
• Notify the Mediator of the conclusion of preliminary or final agreements within specified deadlines;
• Pay the agreed mediation fee and reimburse related costs;
• Inform the Mediator of all changes affecting the mediated transaction.

EXCLUSIVE MEDIATION

The Client may agree to an exclusive mediation clause, refraining from engaging other mediators for the specified property. Breach results in the obligation to pay the agreed mediation fee.

RIGHT TO MEDIATION FEE

The Mediator earns the right to the fee when the Client concludes a lease or sale agreement, including preliminary agreements, with a party introduced through the Mediator, including related persons.

Commission amounts are determined according to the Fee Schedule for Mediation Services. Expenses excluded from commission include document procurement, notary fees, taxes, attorney fees, and actual property viewing costs beyond 12 km from the Mediator’s office.

Discounts or adjusted fees may be granted at the Mediator’s discretion.

The Mediator is also entitled to a fee if the Client concludes a transaction of the same value or purpose with a party introduced by the Mediator, even if the specific transaction differs from the mediated one.

If a transaction occurs after termination of the Mediation Agreement but within six months (lease) or one year (sale/purchase), the Client must pay the full or proportionate fee for deals resulting from the Mediator’s efforts, unless otherwise agreed.

The Mediator and sub-mediator are not entitled to fees for deals concluded directly between the Client and a party without the Mediator’s involvement.

Fees are not refundable unless specified otherwise in the Mediation Agreement.

RECORDING, CONFIDENTIALITY, AND INTELLECTUAL PROPERTY

• Client consents to telephone recording for contract execution;
• All data and information from the Mediation Agreement are confidential;
• Photos, videos, technical drawings, and text created by the Mediator are the Mediator’s intellectual property and cannot be used without written permission.

LIABILITY FOR DAMAGE

The Mediator must act with due business care and is liable for damage caused by non-performance of contractual obligations.

The Mediator is not responsible for the property’s quality or hidden defects, except when informed in writing by the seller and concealed from the buyer.

Properties are purchased or leased as seen, and complaints are not accepted except for known or discoverable hidden defects.

TERMINATION OF THE MEDIATION AGREEMENT

Unless otherwise agreed, the agreement is concluded for one year. It terminates upon completion of the mediated transaction, expiration of the term, or cancellation by the Client in writing or electronically.

Cancellation does not require justification and takes effect upon delivery.

Upon expiry, the Client must reimburse the Mediator for any explicitly agreed costs.

GENERAL PROVISIONS

Any issues not regulated by the Mediation Agreement or General Terms are governed by the Law on Mediation in Real Estate Transactions, other applicable laws, and the Law of Obligations.

The General Terms form an integral part of the Mediation Agreement, are displayed at the Mediator’s office, and published on the website.

FEE SCHEDULE

1. Real estate lease/rental: 50% of first month’s rent, payable upon signing the lease.
2. Property purchase with own funds: 2% of the agreed price, minimum 1,500 EUR.
3. Property purchase via mortgage: 2% of the agreed price, minimum 2,000 EUR.
4. Property sale (standard/non-exclusive mediation): 2% of the price.
5. Exclusive purchase: 1% of the price.
6. Additional services: tax ID registration, power of attorney, gift/transfer of share, mortgage assistance, etc.

Prices are in euros, payment in local currency at the central bank’s exchange rate.

The Mediator reserves the right to modify the Fee Schedule. Changes apply to agreements concluded after publication, unless otherwise specified.

This Fee Schedule is an integral part of the Mediator’s General Terms and Conditions.