VŠEOBECNÉ PODMIENKY SPROSTREDKOVANIA PREDAJA ALEBO PRENÁJMU NEHNUTEĽNOSTI

 

intermediary ProFin Experts s.r.o., ID number: 55 440 037, registered office: Šikmá 12, 821 06 Bratislava, phone: 0947 933 076, e-mail: info@profinexperts.sk

 

Article I.

 

INTRODUCTORY PROVISIONS
 

• • These General Terms and Conditions of Real Estate Brokerage govern the rights and obligations between us - ProFin Experts s.r.o., ID: 55 440 037, with registered office: Šikmá 12, 821 06 as a broker (hereinafter referred to as the "Broker") and you as an interested party (hereinafter referred to as the "Interested Party") in connection with the mediation of the sale or rental of real estate.

• • These Terms form an integral part of the mediation agreement (hereinafter referred to as the "Intermediary Agreement"), which is created between the Intermediary and the Interested Party by the unreserved electronic (e.g., e-mail) confirmation of the following contractual terms by the Interested Party:

• • purpose of mediation – mediation of the sale or rental of real estate,

• • designation of the property that is the subject of mediation,

• • the amount of the intermediary commission or its determination,

• • form of mediation – exclusive or non-exclusive,

• • the period during which mediation of the sale or rental of the property will be carried out.

• • Legal relationships governed by these Terms and Conditions are governed by the relevant provisions of Act No. 40/1964 Coll. of the Civil Code, as amended.

Article II.
INTERPRETATION OF TERMS

 

• • Capitalized terms used in this Article in these Terms or in other documents to which these Terms relate have the meanings set forth in this Article, unless otherwise specified in these Terms or in other documents.
    
    
  • Real estate - real estate that is the subject of mediation. – real estate that is the subject of mediation
  • Agreement on the transfer of the ownership right to the real estate – any contract for consideration or free of charge, the result of which is the transfer of the ownership right to the real estate or the transfer of a business share or ownership interest in the company that owns the real estate.
  • Lease agreement – an agreement based on which the lessor transfers the real estate or part of it for use to a third party (lessee) for an agreed payment (rent). A sublease agreement or any other agreement by which the Interested Party transfers the Property to a third party for temporary use is also considered a lease agreement.
  • Contract – a contract on the transfer of ownership of the real estate or a rental contract for the real estate between the Interested Party and a third party.
  • Exclusivé (exclusive) mediation - a form of mediation agreed for a certain period of time, during which, based on the will of the Interested Party, the only person authorized to mediate the sale of the real estate is the Mediator, as stipulated in this Mediation Agreement. The interested party is not entitled to secure the conclusion of the Agreement through a third party or by himself.
  • Non-exclusivé (non-exclusive) mediation - a form of mediation in which the Interested Party is entitled to enter into a mediation agreement with other persons than the Mediator.
  • Party (in the plural Parties) - contracting party (parties) of the Mediation Agreement, i.e., Intermediary and/or Interested Party.
  • A serious reason – such a reason on the part of the Contracting Party, which, for objective reasons, results in the direct impossibility of fulfilling the obligation specified in the Mediation Agreement or the Conditions. Serious reasons include war, a state of war, a state of emergency, a state of emergency, hospitalization of the Party for more than ten days, serious injury to the Party's health, death of a direct relative of the Party, sibling, spouse, partner. Serious Reasons do not include reasons that the Party knew about before concluding the Mediation Agreement or could have foreseen the Serious Reason or its consequences.

 

Article III.

OBLIGATIONS OF THE INTERMEDIARY
 

• • The Intermediary undertakes to provide the Interested Party with a commission for the conclusion of the Agreement in accordance with the conditions established in the Intermediary Agreement.
  • The Intermediary is obliged to notify the Interested Party of all important facts related to mediation, especially facts that may influence the Interested Party's decision to conclude the Contract.
  • The intermediary is obliged to search for third parties who are interested in concluding a contract with the interested party.
  • The parties agreed that in the case of an offer of real estate for sale, the Real Estate Broker will offer the Interested Party the requested price, adding the Broker's commission, and in the case of an offer of real estate for rent, the Real Estate Broker will offer the Interested Party the requested price of (monthly) rent, adding the cost of energy.
  • The intermediary is responsible for defects in its services according to § 622 and § 623 of the Civil Code.
  • The Intermediary is not responsible to the Interested Party for fulfilling the obligations of third parties from concluded Contracts.
  • The range of services provided by the Intermediary to the Interested Party when mediating the sale of real estate:

Services:	Non-exclusive mediation	Exclusive mediation
Documentary inspection of the property	x	x
Photo documentation of the property	x	x
3D virtuálna prehliadka		x
Proposal of sales strategy and determination of the sold price	x	x
Professional preparation of real estate for sale - guidance of consultants in the field of homestaging		x
Real estate promotion, including paid advertising on selected real estate portals	x	x
Property inspections with third parties	x	x
Inspections of properties with third parties outside working days	x	x
Ensuring the development of a reservation contract	x	x
Ensuring the drafting of a purchase contract through a law firm	x	x
Ensuring the apartment building administrator's confirmation of the absence of arrears associated with the apartment on the basis of a power of attorney	x	x
Securing the proposal for deposit in the real estate cadastre	x	x
Personal assistance of the representative of the RK in actions connected with the notary, the bank and the cadastre	x	x
Provision of necessary cooperation to the bank, notary, lawyer, expert, fin. intermediary	x	x
Personal participation of the RK representative in actions connected with the protocol transfer of the Property	x	x
Payment of the fee for official verification of the seller's signature on purchase contracts (max. 15 signatures)	x	x
Payment of a fee in the amount of EUR 66 for a proposal to deposit ownership in the real estate cadastre	x	x
other

 

• • The range of services provided by the Intermediary to the Interested Party when mediating the rental of real estate: 

Services:	Non-exclusive mediation	Exclusive mediation
Documentary inspection of the property	x	x
Photo documentation of the property	x	x
3D virtuálna prehliadka		x
Real estate promotion, including paid advertising on selected real estate portals	x	x
Promotion of Real Estate in print media		x
Property inspections with third parties	x	x
Inspections of properties with third parties outside working days	x	x
Ensuring the drafting of a lease agreement through a law firm	x	x
Personal participation of the RK representative in actions connected with the protocol transfer of the Property	x	x
other

Article IV.

OBLIGATIONS OF THE INTERESTED PARTY
 

• • The interested party undertakes to pay the commission to the Intermediary if the Agreement was concluded with the intervention of the Intermediary, as it follows from the Intermediary Agreement.

• • The interested party is obliged to notify the Intermediary without undue delay of all important facts related to the mediation, especially facts that may influence the decision of the interested party to conclude the Contract.

• • The interested party is obliged to make the Property available to third parties who have expressed an interest in a personal inspection of the Property.

• • The interested party is obliged to allow access to the Property for persons acting on behalf of the Intermediary (hereinafter referred to as the "Broker") and to allow them to perform all actions necessary to obtain detailed information about the Property.

• • At the Intermediary's request, the interested party is obliged to hand over to the Intermediary all documents and materials that the Intermediary needs to fulfill its obligations under the Intermediary Agreement.

• • The interested party is obliged to provide the Intermediary with the necessary cooperation to achieve the result of the Intermediary Agreement.

• • If the Intermediary conducts an inspection of the Property by a person who has already been introduced to the Interested Party (e.g. by another intermediary), the Interested Party is obliged to inform the Intermediary about this in writing (e.g. on the inspection report) immediately, at the latest at the first inspection by a third party with the Intermediary; otherwise, the third person is unknown to the Interested Party.

• • The interested party undertakes that, during the duration of the exclusive (exclusive) mediation agreed in the Mediation Agreement, he will not enter into any other mediation agreement, mediation agreement, agreement on the procurement of the sale of an item or any other similar agreement, the subject of which would be the mediation of the transfer of ownership rights to the real estate or rental of real estate without the cooperation of the Intermediary. Otherwise, the Interested Party is obliged to pay the Intermediary a flat-rate reimbursement of expenses in the amount of 80% of the amount of the agreed commission of the Intermediary. The amount of flat-rate reimbursement of expenses is reasonable in view of the increased costs and activity of the Intermediary in exclusive mediation and corresponds to the severity of the breached obligation. Flat-rate reimbursement of expenses is payable to the Intermediary's account no later than 5 days after delivery of the invitation addressed to the Interested Party.

 

Article V. 

COMMISSION
 

• • The intermediary is entitled to a commission on the day of signing the Agreement.

• • The commission is payable upon signing the Agreement.

• • Any mutually payable financial claims that arise between the Parties can be set off unilaterally.

• • The commission is paid by non-cash payment or in cash. The interested party is entitled to pay the commission in cash only to an authorized person of the Intermediary.

• • The Intermediary is entitled to a commission even on the condition that the signing of the Agreement took place after the expiry of the Intermediary Agreement, if the Agreement was concluded in connection with the activities of the Intermediary.

• • The Intermediary is entitled to a commission even if the Interested Party concludes a Contract without further cooperation of the Intermediary with a third party that the Intermediary has indicated to him as a person suitable for concluding such an Agreement (e.g. by inspecting the Property with this person). The Intermediary is also entitled to a commission in the event that the Interested Party concludes a Contract with a person who is financially or personally connected to a person identified by the Intermediary as a person suitable for concluding such a Contract. The Intermediary is also entitled to a commission if the Interested Party concludes a Contract with a person who is close to the person identified by the Intermediary as a person suitable for concluding such a Contract.

• • In the event that exclusive (exclusive) mediation is agreed upon and the Interested Party concludes a real estate contract without any connection with the activity of the Broker during the validity of the exclusive (exclusive) mediation, or if the Interested Party refuses to conclude a Contract with a third party without serious reasons, the Interested Party is obliged to pay the Broker flat-rate reimbursement of expenses in the amount of 80% of the amount of the agreed commission of the Intermediary. The amount of flat-rate reimbursement of expenses is, in view of the increased costs and activity of the Intermediary in exclusive mediation, appropriate and responsible for the seriousness of the breached obligation. Flat-rate reimbursement of expenses is payable to the Intermediary's account no later than within 5 days from the delivery of the invitation addressed to the Interested Party. 

• • The commission includes all costs incurred by the Intermediary in connection with activities under the Intermediary Agreement.

• • If the Interested Party, despite the expressed interest and preliminary (for example verbal) consent to conclude the Contract, ultimately refused to conclude the Contract or the future Contract on the transfer of ownership of the real estate (feigned interest to sell or buy the real estate) without a serious reason, the Interested Party is obliged to pay the Intermediary a flat-rate reimbursement of expenses in the amount 80% of the amount of the agreed commission of the Intermediary. Flat-rate reimbursement of expenses is payable to the Intermediary's account no later than within 5 days from the delivery of the invitation addressed to the Interested Party.

Article VI. 

DELIVERY
 

• • Documents in paper or electronic form are delivered to the other Party at the address specified in the Intermediary Agreement, or at another address that the Party has explicitly indicated as the delivery address (for example, by sending an e-mail to the other party from a certain e-mail address).

• • Documents in paper form are considered delivered on the day they are received by the other Party (recipient). Documents are also considered delivered on the day of refusal to accept the document or on the day the shipment is returned to the sender due to non-acceptance by the recipient within the specified collection period. Messages delivered by electronic mail (e-mail) are deemed to have been delivered on the day following the day of sending the electronic message, unless an earlier date of delivery is proven.

• • Communication between the Parties takes place preferably by e-mail or by telephone. The consent expressed by the Other Party in the e-mail message is considered as an addition or change to the Mediation Agreement.

• • The Party that has changed its address is obliged to inform the other Contracting Party of this fact without undue delay.

Article VII. 

TERMINATION OF MEDIATION AGREEMENT
 

• • The mediation contract expires upon fulfillment of its subject matter, by agreement of the parties, or by the termination of the Intermediary without a legal successor. The agency contract also terminates upon termination or withdrawal, according to the conditions specified in the following paragraphs.

• • In the event that the Parties have agreed on mediation for an indefinite period in the Mediation Agreement, each of the Parties is entitled to terminate the Mediation Agreement in writing at any time with a three-month notice period, which begins on the first day of the month following the month in which the notice was delivered to the other party.

• • The interested party has the right to withdraw from this Mediation Agreement without giving a reason within 14 days. The deadline for withdrawing from the Intermediation Agreement expires 14 days after the conclusion of the Intermediation Agreement. When exercising the right to withdraw from the Intermediation Agreement, the Interested Party shall send the Intermediary a notice of withdrawal from this Intermediation Agreement (for example, by mail, fax or e-mail) to the address of the Intermediary specified in the Intermediation Agreement. For this purpose, the Interested Party may use the model form for withdrawing from the Intermediary Agreement, which is sent to the Interested Party together with these Terms and Conditions. The deadline for withdrawing from the Mediation Agreement is preserved if the Interested Party sends a notice of exercising the right to withdraw from the Mediation Agreement before the deadline for withdrawing from the Mediation Agreement.

• • After withdrawing from the Intermediary Agreement, the Intermediary shall return to the Interested Party all payments that the Interested Party paid to the Intermediary in connection with the conclusion of the Intermediary Agreement. Payments will be returned to the Interested Party without undue delay, at the latest within 14 days from the day on which the notice of withdrawal from this Intermediary Agreement was delivered to the Intermediary. Refunds will be made in the same way that the Interested Party used for payment, if the Interested Party did not expressly agree to another method of refunding payments, without charging any additional fees.

• • If the Interested Party requested the start of the provision of services in accordance with the Intermediation Agreement during the period for withdrawal from the Intermediation Agreement, he is obliged to pay the Intermediary the price for the services actually provided until the day when the notice of withdrawal from this Intermediation Agreement was delivered to the Intermediary.

• • The interested party cannot withdraw from the Intermediation Agreement if the provision of services in accordance with the Intermediation Agreement began with the express consent of the Interested Party and the Interested Party declared that he was properly informed that by expressing this consent he loses the right to withdraw from the Intermediation Agreement after the full provision of services in accordance with the Intermediation Agreement contract, and if services have already been fully provided in terms of the Intermediary Contract.

Article VIII.
FINAL PROVISIONS
 

• • By concluding the Agreement, the interested party gives his consent to the use of general data about the Property and photo documentation of the Property for the purpose of advertising in print media, the Internet, etc. 

• • The interested party can send a complaint or initiative to the Intermediary through e-mail communication or by mail to the address specified in these Terms and Conditions. The mentioned suggestions and complaints will be dealt with by the Intermediary without unnecessary delay.

• • The conditions are governed in their entirety by the legal order of the Slovak Republic.

• • The mediator declares that he is committed to complying with the Real Estate Code of the Real Estate Union of the Slovak Republic, which is available at: https://www.realitnaunia.sk/predpisy-unie/realitny-kodex .

NOTICE ON THE PROTECTION OF PERSONAL DATA
 

For what purpose will personal data be processed?
The intermediary processes your personal data in accordance with Regulation of the European Parliament and Council (EU) No. 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) and Act No. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws. Your personal data will be processed by the Intermediary to the extent necessary to fulfill the Intermediary's obligations arising from the intermediary contract. Without providing personal data, it is not possible to fulfill the obligations of the Intermediary arising from the contract. The legal basis for the processing of your data will be an intermediary contract. In connection with the main purpose of processing, personal data may be processed for other purposes to the extent that legal regulations require it from the Intermediary (e.g., obligations in the area of protection against legalization of income from criminal activity or obligations arising from the Accounting Act). In these cases, the legal basis for the processing of personal data is the fulfillment of the legal obligations of the Intermediary.

According to Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism and on the amendment of certain laws is the intermediary obliged to process personal data for the purpose of preventing and detecting the legalization of income from criminal activity and the financing of terrorism, which, depending on the circumstances, includes in particular: a) identification of the client, b) identification of the end user of the benefits, c) finding out the ownership structure and management structure of the client, who is a legal entity, d) obtaining information about the purpose and planned nature of the business or business relationship, e) finding out whether the client or the end user of the client's benefits is a politically exposed person or a sanctioned person, f) ascertaining the origin of funds or property in a trade or business relationship, g) finding out whether the client is acting in his own name, performing continuous monitoring of the business relationship.

To whom can personal data be transferred?

In connection with the fulfillment of the goals of the brokerage contract, your personal data may be provided to third parties to the extent necessary, for example:

 

• • the Intermediary's real estate broker,

• • to a lawyer for the purpose of preparation or assessment of contractual documentation (for example, for the preparation of a purchase contract), or for the execution of contract authorization,

• • to a notary for the purpose of preparing a notary's minutes or to a bank for the purpose of preparing a bond,

• • to an expert for the purpose of drawing up an expert opinion or an energy certificate for the property,

• • to a financial intermediary for the purpose of mediating a loan for the acquisition of real estate,

• • a cooperating real estate agency that represents the other contracting party in a joint business case,

• • to the relevant district office (cadastral department) when submitting a proposal for registration in the real estate cadastre.

How long will personal data be kept?

The data will be kept for the period required by law or necessary for the exercise of liability claims (e.g. Act No. 297/2008 Coll. requires the preservation of documentation for a period of five years from the termination of the contractual relationship).

What are your rights?

You have the right to: 

• • to access information on the extent to which your personal data is processed,

• • request the correction of personal data if you find that they are incorrect, or request the completion of incomplete data,

• • obtain your personal data that you have provided to the Intermediary in a commonly used electronic format and transfer them to another entity (but only if they are processed by the Intermediary by automated means),

• • demand restriction of processing by the Intermediary, if at the same time you challenge the correctness of personal data or if the processing is illegal, or the Intermediary no longer needs them, but you need them to assert your claims,

• • request the deletion of your personal data if they are no longer necessary for the purposes for which they were obtained or processed, if the personal data were processed illegally or if they must be deleted to comply with a legal obligation,

• • file a complaint with a supervisory authority if you believe that your rights regarding personal data have been violated. The supervisory authority is the Personal Data Protection Office of the Slovak Republic, Hraničná 12,820 07 Bratislava 27.

INSTRUCTIONS ABOUT THE POSSIBILITY OF COMPLAINTS 

Pursuant to Act no. 250/2007 Coll. you can file a consumer protection complaint at any of the Intermediary's locations. A complaint is the application of responsibility for service defects. When making a complaint, you can decide which of the rights according to § 622 and § 623 of the Civil Code you exercise. Based on your decision, the intermediary will determine the method of handling the complaint immediately, in complex cases no later than 3 working days from the application of the complaint, in justified cases, especially if a complex technical evaluation of the state of the service is required, no later than 30 days from the application of the complaint.

After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later. However, the processing of the claim must not take longer than 30 days from the application of the claim. You have the right to withdraw from the contract after the expiry of the deadline for handling the complaint.

Filing a claim does not affect your right to compensation. Completion of the complaint is understood as the termination of the complaint procedure by correcting the insufficiently or not at all provided service or its part, namely by paying an appropriate discount from the intermediary fee (commission).

If your claim is unjustified, the Intermediary will reject the claim. The intermediary bears the costs associated with processing the claim. This does not affect the Intermediary's claim to reimbursement of demonstrably incurred costs related to the processing of an unauthorized claim.

The intermediary will issue you a confirmation when applying for a claim. If the complaint is submitted via remote communication (e-mail), the Intermediary will immediately deliver a confirmation of receipt of the submitted complaint. If it is not possible to deliver the confirmation of the application of the claim immediately, it will be delivered without undue delay, but at the latest together with the document on the processing of the claim. The Intermediary does not have to deliver you a confirmation of the application of the claim, if you have the opportunity to prove the application of the claim in another way. The intermediary handling the claim will issue a written document no later than 30 days from the date of the claim.

LESSONS ON ALTERNATIVE DISPUTE RESOLUTION 

Máte právo obrátiť sa na Sprostredkovateľa so žiadosťou o nápravu, ak nie ste spokojný so spôsobom, ktorým Sprostredkovateľ vybavil Vašu reklamáciu alebo ak sa domnievate, že Sprostredkovateľ porušil Vaše práva. Ak Sprostredkovateľ na Vašu žiadosť o nápravu odpovedal zamietavo alebo na ňu neodpovedal do 30 dní odo dňa jej odoslania, máte právo podať návrh na začatie alternatívneho riešenia sporu podlá zákona č. 391/2015 Z. z. o alternatívnom riešení spotrebiteľských sporov Slovenskej obchodnej inšpekcii na adresu: Slovenská obchodná inšpekcia, ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Prievozská 32, p. p. 29,827 99 Bratislava 27 alebo elektronicky na adrese: ars@soi.sk, adr@soi.sk. The proposal can be submitted in paper form, electronic form or orally in the minutes. This does not affect the possibility of going to court.

The proposal must contain your name and surname, address for delivery, electronic address and telephone contact (if you have them), the exact designation of the Intermediary, a complete and understandable description of the decisive facts, an indication of what you are seeking, the date when you contacted the Intermediary with a request for correction and information that the attempt to resolve the dispute directly with the Intermediary was fruitless, a statement that the same proposal was not sent to another subject of alternative dispute resolution, the court or arbitration court did not decide on the matter, no mediation agreement was concluded on the matter it wasn't even in the case of the completed alternative resolution of the dispute in accordance with § 20 par. 1 letter a) to e) of the Act on Alternative Resolution of Consumer Disputes. You are obliged to attach to the proposal documents related to the subject of the dispute, which prove the facts stated in the proposal. The proposal for starting an alternative solution to a consumer dispute is also available online here on adress.