Dom Domis, Real Estate, Živa Logar, s.p., Celovška cesta 62, Ljubljana, T: +386 40 416 884; info@domdomis.com
Company Registration Number: 6435220, hereinafter referred to as: "the Real Estate Agency," in accordance with the Real Estate Brokerage Act (Official Gazette of the Republic of Slovenia, No. 72/2006, as amended) adopts the following
1.1 These General Terms and Conditions for real estate brokerage (hereinafter: General Terms) regulate the legal relations between the Real Estate Agency and the Client.
1.2 The General Terms are an integral part of every brokerage agreement concluded between the Real Estate Agency and the Client. Each brokerage agreement also includes the current price list of services of the Real Estate Agency and a copy of the insurance policy.
1.3 In the event that a brokerage agreement contains provisions that are contrary to these General Terms, the provisions of the brokerage agreement shall prevail.
2.1 The terms used in these General Terms have the following meanings:
3.1 The Real Estate Agency provides brokerage services in:
3.2 The brokerage services referred to in point 3.1 particularly include the following tasks performed by the Real Estate Agency for the Client, as dictated by the circumstances of each transaction:
3.3 The brokerage fee covers the costs of performing the tasks listed in point 3.2.
3.4 Upon written notification by the Real Estate Agency of contact with the third party, the Client must inform the Real Estate Agency in writing within three (3) working days if the same third party had previously been contacted by a competing (real estate) agency. Otherwise, it is assumed that the Real Estate Agency established the contact with the third party.
3.5 The same principle applies as outlined in point 3.4 when the Client finds and establishes contact with the third party independently.
4.1 The Real Estate Agency conducts its real estate brokerage activities through the real estate agent, Mrs. Živa Logar, license number for real estate brokerage from the Ministry of Environment and Spatial Planning: 248202450.
4.2 Field inspections and certain other services not specifically listed in these terms may also be performed by assistant staff working for the agent.
4.3 The Client may rely only on information provided by the licensed real estate agent in writing.
5.1 The General Terms are an integral part of each brokerage agreement. In the event of a conflict between the provisions of the General Terms and the brokerage agreement, the provisions of the brokerage agreement shall prevail.
5.2 To provide consulting and brokerage services, the agent typically enters into a contract with the Client, in which the agent and Client define the type and scope of services, the fee for the service, and other components. By signing the contract, the Client confirms that their decision to enter into the contract was free and that the contract was not signed under duress or fraud.
5.3 By signing the brokerage agreement, the Client guarantees:
5.4 These General Terms and Conditions govern the mutual rights and obligations of the agent and the Client in providing services. The General Terms are an integral part of the brokerage agreement.
6.1 The Real Estate Agency is entitled to payment for additional services if they are agreed upon in the brokerage agreement, with the quantity and price of services specified in the contract.
6.2 Additional services particularly include:
6.3 Prices for additional services are determined in the current price list of the Real Estate Agency.
6.4 The Real Estate Agency is entitled to payment for additional services even if the contract concerning the property is not concluded.
7.1 The amount of the brokerage fee is agreed upon by the Real Estate Agency and the Client in the brokerage agreement.
7.2 The brokerage fee for the purchase of an apartment, a single-family house, or a residential unit, when the Client is a natural person, is a maximum of 4% of the contract price. However, this limitation does not apply when the contract value of the property is less than EUR 10,000.
7.3 The brokerage fee for renting an apartment or a single-family house, when the Client is a natural person, is a maximum of 4% of the contract value, but not more than the amount of one month's rent and not less than EUR 150. This limitation does not apply when the Client for the rental is a business entity.
7.4 The brokerage fee does not include Value Added Tax (hereinafter: VAT), and the Real Estate Agency is not a VAT taxpayer.
7.5 If the Real Estate Agency does not perform any of the tasks listed in point 3 of these General Terms, because it is unnecessary due to the circumstances of the specific case or at the express request of the Client, the Client is not entitled to request a reduction in the brokerage fee.
7.6 The brokerage fee does not include notarial services, taxes, court and administrative fees, fees for certificates and permits necessary for the valid conclusion of the contract, and the costs of additional services listed in point 4 of these General Terms.
7.7 The Real Estate Agency is entitled to the brokerage fee when the contract, for which it has brokered, is concluded.
7.8 The Real Estate Agency cannot demand even partial payment of the brokerage fee before the contract concerning the property is concluded.
7.9 The Real Estate Agency charges the brokerage fee to the Client based on the concluded brokerage agreement.
7.10 The Real Estate Agency is entitled to the full brokerage fee even if the Client or third party subsequently withdraws from the already concluded contract concerning the property.
7.11 The Real Estate Agency and the Client may agree that the Real Estate Agency, in accordance with the conditions of Article 25.a of the Real Estate Brokerage Act (Official Gazette of the Republic of Slovenia, No. 72/06 – UPB, 49/11, and 47/19), is entitled to the brokerage fee even when the Client finds a third party on their own and concludes a contract, which was the subject of brokerage.
In cases of exclusive brokerage, the agent is entitled to the full commission even in cases where the Client concludes a legal transaction with a third party they found on their own.
7.12 The contractual price from which the brokerage fee is calculated also includes all payments made by the buyer to the seller, including any payment for installed or uninstalled equipment and appurtenances of the property, which is the subject of the contract, regardless of whether ownership of the equipment and/or appurtenances is transferred together with the property or based on a separate legal transaction.
7.13 The Real Estate Agency is entitled to the brokerage fee even in cases where the Client or their immediate family member concludes a contract concerning the property with a third party, with whom the Real Estate Agency established contact, and this contract is concluded within six months after the termination of the brokerage agreement.
8. REIMBURSEMENT OF COSTS
8.1 If the Real Estate Agency is not entitled to the brokerage fee, the Client and the Real Estate Agency may agree in the brokerage agreement for the reimbursement of actual costs incurred in connection with the provision of brokerage services, if the Client:
9.1 In providing real estate brokerage services, the Real Estate Agency must inform the Client in an appropriate manner of all circumstances important for the realization of the Client’s interests.
9.2 The Real Estate Agency must also appropriately protect the interests of the third party, whom it brought into contact with the Client for negotiations concerning the contract, the subject of which is the property, and must act impartially unless, based on an explicit agreement with the Client, it represents only the Client’s interests. When the Real Estate Agency, based on an agreement with the Client or investor, exclusively represents the Client’s interests in brokerage, it must clearly and in writing inform the third party, with whom it brought the Client into contact, that it is acting as an agent and not a broker.
9.3 When the Real Estate Agency provides brokerage services for a Client who wishes to remain anonymous, the Real Estate Agency is not obliged to disclose the Client’s identity to the third party wishing to conclude a legal transaction with the Client until the conclusion of the contract concerning the property.
10.1 The Real Estate Agency may accept funds in safekeeping from the Client or third party in connection with the execution of the contract concerning the property if it has a contract with a bank for the operation of a fiduciary account and if the Client or third party authorizes it in writing.
11.1 The Real Estate Agency is insured for professional liability for damages. The insurance covers liability for damages that may arise for the Client or third party due to a breach of the brokerage agreement within the territory of the Republic of Slovenia. The name of the insurance company, policy number, and the insured amount are specified in the brokerage agreement.
12.1 In the event that the Client and the Real Estate Agency conclude an exclusive brokerage agreement for a specific property, the Client may not, during the validity of the agreement, conclude a brokerage agreement for the same property with a competing real estate agency or advertise or sell the same property through any third party. The Client may only conclude a brokerage agreement for the same property with the agent. In other words, the Client may not conclude an agreement with another agent for the property for which the brokerage agreement has been concluded with the agent. The Client is also prohibited from advertising the property themselves. If they do so, the agent may withdraw from the brokerage agreement with immediate effect, and the Client must pay a contractual penalty of 1% of the value of the property/rental agreement.
13.1 The Real Estate Agency may, in agreement with the Client, transfer brokerage services to other real estate agencies.
13.2 In the event of the transfer of brokerage services to another real estate agency, the Client remains contractually bound only to the Real Estate Agency with whom they concluded the brokerage agreement. The Real Estate Agency must provide the Client with a list of real estate agencies to which the order is transferred.
14.1 The Client must provide the Real Estate Agency with all available documentation related to the property subject to brokerage (particularly proof of ownership, land registry extract, contracts, building and occupancy permits, location information, and all other documents).
14.2 The Client guarantees the truthfulness, accuracy, and completeness of the provided data and documentation.
14.3 The Client must immediately, but no later than within eight (8) days from the change, inform the Real Estate Agency in writing of any change in their interests (sale price, date of property availability, etc.) and of any change in the actual or legal status of the property.
14.4 In the event that the Client markets the property themselves or through competing real estate agencies, they must market the property under the same conditions as agreed upon in the brokerage agreement.
14.5 In the event that the Client independently or through a competing real estate agency finds a third party with whom they conclude a contract or preliminary contract concerning the property, they must immediately, but no later than within eight (8) days from the conclusion of such contract or preliminary contract, inform the Real Estate Agency in writing and provide a copy of this contract.
15.1 The Client is obliged to compensate the Real Estate Agency for all damages resulting from the Client’s breach of contractual obligations.
15.2 Particularly serious breaches of the brokerage agreement by the Client include:
16.1 If the Client withdraws from the brokerage agreement or does not conclude a contract concerning the property, the Real Estate Agency may inquire about any potentially concluded contracts concerning the property.
17.1 In accordance with the Anti-Money Laundering and Terrorism Financing Act, the Real Estate Agency, when establishing business relationships and transactions above the legally prescribed amount, and in other cases specified by the regulations, must conduct customer due diligence, which includes:
17.2 The Client is informed that the Real Estate Agency, for the purpose of fulfilling its obligations under the previous point, has the right to obtain and verify (including by inspecting personal documents) the following personal data of the Client and the Client’s legal representative:
18.1 All information and data obtained by the Client from the Real Estate Agency are confidential and considered a trade secret, except for information and data that are publicly accessible.
18.2 The Client is obliged to provide the agent with appropriate documentation or information, data, and consents that the agent needs for the smooth performance of services or in connection with them, upon the agent’s request. The Client is obliged to inform the agent in writing of all circumstances relevant to the performance of the agent’s services.
18.3 For the purpose of performing services, the agent collects, obtains, manages, stores, discloses, and transmits, and otherwise processes documentation and data ("data processing") obtained based on and in connection with the contract and the General Terms.
18.4 To fulfill obligations under the brokerage agreement and obligations imposed on the Real Estate Agency by the Anti-Money Laundering and Terrorism Financing Act, the Real Estate Agency may, in accordance with the regulations governing personal identification cards and travel documents, inspect and copy data from the personal document (personal name, permanent or temporary residence address, date and place of birth, tax number, and number, type, and name of the issuing authority of the official personal document).
18.5 When explicitly required by the nature of the specific transaction (e.g., notarization of the Client’s or third party’s signature, etc.), the Real Estate Agency may, with the written consent of the holder indicating a specific purpose, photocopy the holder's personal document.
18.6 The Real Estate Agency shall indicate on the photocopy of the personal document:
that it is a photocopy,
its name,
the specific purpose of the photocopying,
the legal basis for the photocopying – the clearly visible written consent of the holder of the personal document.
18.7 The Real Estate Agency undertakes not to further copy the Client’s personal document. The Real Estate Agency is not allowed to store copies of personal documents in electronic form.
18.8 The Real Estate Agency undertakes to protect all personal data in accordance with personal data protection regulations. All personal data will be used solely for the purpose of concluding, executing, amending, and terminating the brokerage agreement, and the contract concerning the property. For any use of personal data for other purposes, the Real Estate Agency will obtain the Client’s prior written consent.
18.9 The individual to whom the personal data pertains has the right to:
18.10 The individual to whom the personal data pertains has the right to:
18.11 When personal data is transferred to a third country or international organization, the individual to whom the personal data pertains has the right to be informed of the appropriate safeguards in connection with the transfer.
18.12 When personal data is processed for direct marketing purposes, the individual to whom the personal data pertains has the right to object at any time to the processing of personal data concerning them for such marketing, including profiling to the extent that it is related to such direct marketing.
19.1 The brokerage agreement is concluded for a fixed term of nine (9) months unless the parties agree on a shorter period.
19.2 Upon the expiration of the period specified in the previous point, the parties may conclude a new brokerage agreement.
19.3 The contract terminates:
19.4 The parties may terminate the brokerage agreement at any time if it is not contrary to good faith and fair dealing. The termination must be made in writing.
20.1 The agent is not liable for actions, omissions, and consequences of actions and omissions that are partially or entirely the result of events or circumstances beyond their control, including failures of telecommunications means, electronic media, malfunctions in the operation of systems in financial instrument markets, and the actions of third parties, strikes, fires, earthquakes, natural disasters, etc.
20.2 The agent is not liable for actions, omissions, and consequences of such actions and omissions executed, or for any damages, costs, or other obligations incurred by the Client, if:
21.1 The brokerage agreement and General Terms, as well as any matters not regulated by the brokerage agreement and General Terms, shall be governed by the Code of Good Business Practices in Real Estate Brokerage adopted by the Association of Real Estate Brokerage Companies at the Chamber of Commerce and Industry of Slovenia - Real Estate Chamber, and Slovenian law without conflict of law rules.
22.1 Any disputes arising out of or in connection with this brokerage agreement shall be resolved amicably by the contracting parties.
22.2 If an amicable resolution of the dispute is not possible, in cases involving consumer contracts, the competent court in the jurisdiction where the property is located shall have jurisdiction.
22.3 If an amicable resolution of the dispute is not possible, in cases involving contracts between business entities, the parties agree that any disagreement, dispute, or claim arising from or in connection with this contract or its breach, termination, or invalidity shall be finally resolved by a panel of three arbitrators or a sole arbitrator appointed in accordance with the Rules of Arbitration Procedure before the Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia.
23.1 These General Terms are effective as of 01.07.2024.
23.2 The currently valid General Terms are published on the premises of the Real Estate Agency, in a visible location, and on the website domdomis.com.
Ljubljana, 01.07.2024
Call us. We look forward to a personal conversation.
+386 40 416 884