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General terms and conditions of business of the company
AGENT KRANJ d.o.o.

The following terms in these agreements shall mean:

Agent: Agent Kranj d.o.o., Tavčarjeva 22, 4000 Kranj;
Client: The client concluding an Agreement for Provision of Agent Services with the Agent
Agreement for Provision of Agent Services: The agreement binding the Agent to endeavour to find for the Client and establish contact with a person who will negotiate with and conclude an agreement on sale, or respectively the lease of defined real estate with the Client and the Client undertakes to pay to the Agent a commission if an agreement is concluded.

1. Validity of the general terms and conditions of business

1.1. These general terms and conditions are a constituent part of each Agreement for Provision of Agent Services

1.2. If the Agreement for Provision of Agent Services contains provisions which are contrary to these terms and conditions, the provisions of the Agreement shall prevail.

2. Agent services for the purchase or sale of real estate

2.1. Based on the Agreement on the Purchase or Sale of Real Estate, the Agent undertakes in exchange for a commission as defined in Point 4.1 to perform the following services:

2.1.1. Verify the actual status of real estate (inspection of the real estate);

2.1.2 Verify the legal ownership status of the real estate and possible third party rights (e.g., in the case of mortgages);

2.1.3 Provide agent services in negotiations and for the conclusion of agreements;

2.1.3. 2.1.4 Prepare the preliminary sales agreement or agreement on earnest.

2.2. Based on the Agreement on Agent Services for the Purchase or Sale of Real Estate, the Agent in return for special payment undertakes to also perform the following services if they have been expressly agreed upon in the agreement:

2.2.1. Ensure the creation of a detailed price elaboration;

2.2.2 Draw up the sales agreement or agreement in the form of a notarial protocol which is directly

enforceable;

2.2.2. Preparation of the request for entry of title to real estate if the real estate has already been

entered into the land register;

2.2.3. Other services which the Agent and Client have expressly agreed upon.

3. Agent services for the lease or rental of real estate

3.1. Based on the Agreement on Agent Services for the Lease or Rental of Real Estate, the Agent undertakes in exchange for a commission as defined in Point 4.2 to perform the following services:

3.1.1. Verify the actual status of real estate (inspection of the real estate);

3.1.2. Verify the legal ownership status of the real estate and possible third party rights (e.g., in the

case of mortgages);

3.1.3. Provide agent services in negotiations and for the conclusion of agreements;

3.2. Based on the Agreement on Agent Services for the Lease or Rental of Real Estate, the Agent in return for special payment undertakes to also perform the following services if they have been expressly agreed upon in the agreement:

3.2.1. Prepare the lease agreement;

3.2.2. Draw up the lease agreement in the form of a notarial protocol which is directly enforceable;

3.2.3. Other services which the agent and customer have expressly agreed upon.

4. Commissions

4.1. Regarding agent services in the purchase or sale of real estate, the Agent shall be entitled to a commission in the amount of 4 % of the contract value with a minimum tolar counter value of 400.00 EUR if the contract value of the real estate is less than 10,000.00 EUR in tolar counter value and if the contract value is not used as a base of calculation and if a lower commission has not been agreed upon. Whenever the Agent provides agent services to both parties (buyer and seller), the Agent shall be entitled to demand a payment of one half of the commission from each party. When providing agent services in the lease or rental of real estate, the Agent shall be entitled to a commission amounting to two months rent, with the minimum commission defined as 50,000.00 SIT. Whenever the Agent provides agent services to both parties (lessor and lessee), the Agent shall be entitled to demand a payment of one half of the commission from each party.

4.2. When providing agent services in the exchange of real estate, the Agent is entitled to a commission in the amount of 6 % of the total contract value of the exchanged real estate, with the minimum commission defined as 800.00 EUR in tolar counter value. Each party shall pay 3 % of the value of its real estate which was exchanged or at least a tolar counter value of 400.00 EUR.

4.3. The Agent entitled to a commission and the Client is obliged to pay the commission in its entirety upon conclusion of the agreement, for which the Agent provided agent services or the preliminary agreement if the preliminary agreement was concluded first.

4.4. The Agent shall have the right to complete payment of the commission (sale – in the amount of 4%; lease – two-month rent) also in the event that the Client later withdraws from the concluded agreement or preliminary agreement.

4.5. The Agent is entitled to the payment of 1 (one-fourth) of the agreed upon entire commission (sale – in the amount of 1%; lease – 1 months rent) if the Client concludes an agreement with a customer he found himself.

4.6. All foreign exchange transactions EUR/SIT shall be calculated according to the exchange rate or respectively selling rate for residents at NLB, d.d.

4.7. Value added tax in the amount of 20% is not included in the commission which the Agent shall charge separately.

5. Other costs

5.1 The Agent is entitled to the payment of all additional costs arising with respect to agent services provided to the Client in accordance with the valid tariff tables of the company which is a constituent part of these General Terms and Conditions of Business.

6. Other provisions

6.1. All legal matters between the Agent and Client regarding the Agreement for Provision of Agent Services fall under the jurisdiction of the Act on Real Estate Agent Services (ZNPosr).

7. Liability insurance

7.1. The Agent is insured against liability in accordance with the provisions of the Act on Real Estate Agent Services (ZNPosr), at the company Zavarovalnica Triglav, policy no. 0105539274 as at 08.01.2004 with the policy valid from 08.01.2004 to 08.01.2005.

 

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