Brokerage obligations shall be based onTransactionBrokerage Agreement, that isreal estate lease (hereinafter referred to as: Brokerage Agreement) concluded between the Principal and the Broker.
The Principal may be vendor, purchaser, lessor or lessee or attorney of any of these persons.
The Brokerage Agreement is concluded in writingorin electronic form,according tothe law regulating electronic trade.
The Brokerage Agreement,along with the rights and obligations of the Broker and Principal, in particular, shall contain the information on the Brokerand the number under which it was entered in the broker register, information on the Principal, type and important elements of legal actionsfor whichthe Brokerperforms his services in order to enablethe Agreement conclusion, information on the amount, method and date of the commission settlement, Agreement expiry date and type and amount of the expenditures for the additional services, if the same are agreed.
BROKER OBLIGATIONS
The Broker, depending on the type of intermediary legal transaction, undertakes to perform the following:
1) endeavor to find and connect the Principal and the person with an aim to conclude the business that is the subject matter of the Brokerage Agreement;
2) to give the Principal objective opinion about the price of real estate or real estate lease in accordance with its characteristics, market conditions and other relevant circumstances;
3) inspect the documents proving the right of ownership or other real rights to real estate whose turnover or lease is the subject matter of this Brokerage Agreementand, in particular, inform the Principal on the following:
1. possible risks related to the registration of the subject real estate in the Real Estate Register;
2. registered rights and liabilities on the real estate;
3. the existence of pre-emption rights and restrictions in legal transactions in accordance with the specific regulations;
4. performing the necessary actions in order to present the real estate on the market, publish an advertisement related to the transactions, i.e real estate lease, in a proper way, and perform other actions stipulated in the Brokerage Agreement which exceed the usual presentation and for which they have right on specific, previously stated expenditures;
5. provide an inspection of the real estate;
6. to be an intermediary in the negotiations with the aimof achieving the conclusion of the Agreement;
7. to keep the information about the Principal’s personality and, upon Principal’s written instruction, keep as confidential the information about the relevant real estate, i.e. lease related to the intermediary activity or to the real estate or business for which he performs the intermediary activity;
8. to inform the Principal on all the significant circumstances for the subject matter which are familiar or which must be familiar to him.
The right to intermediary commission
The Broker shall acquire the right to the commission at the moment of the Agreement conclusion for which the Broker performed intermediary activity, except in the case when the Broker and Principal have not agreed on the right to the commission to be acquired at the moment of the preliminary Agreement conclusion for which the Broker performed intermediary activity.
The Broker shall not require partial payment of the commission in advance, i.e. prior to the conclusion of the preliminary Agreement or the Agreement for which the Broker performed intermediary activity in accordance with paragraph 1 of this Article.
The Broker may charge the expenditures of additional services related to the business which is the subject of intermediary activity, if explicitly stated in the Brokerage Agreement.
Upon the termination of Brokerage Agreement, the Broker shall have the right to commission in accordance with the provisions of the Article of the Real Estate Brokerage Act, if not otherwise agreed.
Broker, i.e. Sub-broker shall have no right to compensation if he concludeswith the Principalthe Agreement that is the subject of intermediary activity,on his behalfand as a contracting party, i.e. if suchan Agreement is concluded with the person who completed the qualifying exam and who performs the intermediary actions on behalf of the Sub-broker.
PRINCIPAL OBLIGATIONS
Principal shall be obliged, depending on the type of intermediary legal activity, to perform the following:
1) to inform the Broker about all the important circumstances for the performance of the intermediary activity;
2) to submit the original documents for review to the Broker, which prove his right to the subject real estate, i.e. to warn the Broker against all the registered and unregistered liabilities on the real estate;
3) to enable the Broker and the Party interested in the conclusion of legal business to visit the real estate in an agreed manner and at the agreed time;
4) to provide the Broker with all the relevant information onthe real estate that particularly includes precise information on price, location, real estate structure, etc.;
5) to submit certified copiesof all the documents proving the ownership right to the real estate that is the subject of intermediary activity to the Broker and when concluding the intermediary legal business- preliminary or main Agreement in relation to transactions or real estate lease;
6) to pay the agreed commission to the Broker and, if particularly agreed, to compensate to the Broker other expenditures made during the intermediary activity;
7) to inform the Broker about all the changes concerning the intermediary activity and especially about the changes concerning the rights to real estate, terms and price, and within three days from the date of the change occurrence.
If the Principal issues an order for intermediary activity or conclude the Brokerage Agreement contrary to the principle of conscientiousness and honesty, the Principal shall be obliged to reimburse the expenditures incurred during the intermediary activity that may not exceed the concluded commission.
EXCLUSIVE INTERMEDIARY ACTIVITY
The Principal may be obliged by the means of explicit negotiation of the Clause on exclusive intermediary activity not to engage, within a set period, other Broker to perform intermediary activity concerning the certain real estate.
If within the period of validity of the Clause on exclusive intermediary activity, the Principal concludes the legal business related to real estate from paragraph 1 of this Article, for which other Broker performed the intermediary activity, the Principal is obliged to pay the amount of stated commission to the Broker with whom he concluded the exclusive intermediary activity.
The Broker is obligated particularly to warn the Principal against the significance and legal consequences of the Clause on exclusive intermediary activity.