Obligations of the Principal

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Obligations of the Principal

The client, as the owner or authorized person, has a series of obligations under the brokerage agreement. Below is a clear overview of key obligations, exclusive brokerage rules, commission rights, and practical guidelines that facilitate safe and efficient sale or lease.

What the client must provide

  • Accurate information: promptly informs the agent of all circumstances significant for the brokerage.
  • Documentation: provides original documents proving property rights and discloses any encumbrances.
  • Viewing access: allows property viewings at agreed times and in an agreed manner.
  • Property data: provides accurate information (price, structure, area, condition, etc.).
  • Commission and costs: pays the agreed brokerage fee and, if stipulated, necessary additional costs.
  • Changes: within 3 days, informs the agent of any changes affecting the transaction (rights, deadlines, price).
  • Independent conclusion: notifies the agent if a party that viewed the property concludes a contract without the agent's involvement.
  • Related parties: pays the brokerage fee even when the other contracting party or a related party is also the client of the same agent.

Exclusive brokerage

The client may contract exclusivity through a special clause, obliging them not to alienate the property or engage another agent within the agreed period.

If during the exclusivity period the client concludes a legal transaction without the agent, they are obliged to pay the agreed brokerage fee as compensation for damages. The agent is obliged to specifically inform the client about the significance and legal consequences of this clause.

Right to brokerage fee

  • Maturity: right to the fee accrues on the date of pre-contract/contract certification, and no later than 15 days from contract certification.
  • No advance: the agent cannot request partial commission payment in advance.
  • Price list: the amount of commission and additional services is defined in the Price List – an integral part of the General Terms.
  • Additional costs: necessary costs for executing the order may be agreed upon, including their advance payment, if explicitly provided for in the contract.
  • Related parties: right to the fee exists even if the spouse/partner, descendant, parent, or other related party of the client concludes a transaction that the agent influenced.
  • After termination: conclusion of a transaction within 1 month of termination, as a result of the agent's work, entails full (or proportional) commission, according to agreement.
  • Exemption: the agent has no right to a fee if they conclude the contract in their own name or if it is concluded by a party performing brokerage services for them.
  • Documentation: costs of obtaining ownership evidence are borne by the client, unless otherwise agreed.
  • Discount: the agent may grant a discount on the commission.

Liability for damages

  • Diligence of a prudent businessman: the agent acts conscientiously in brokerage and related activities.
  • Contractual liability: liable for damages due to non-fulfillment of obligations under the Brokerage Agreement and General Terms.
  • Limitation of liability: not liable for the fulfillment of contractual parties' obligations nor for hidden defects, unless they knew and concealed a hidden defect.

Factors affecting value

  • Location and surroundings
  • Property condition (age, construction quality; land class for agricultural)
  • Floor level and layout
  • Installations (heating, water supply, sewage, electricity)
  • Carpentry and finishing
  • Building materials
  • Roof and facade condition
  • Garage / parking

Property-related taxes

  • Transfer tax: 2.5% of market value, paid by the buyer upon transfer of ownership.
  • Property tax: annual tax on ownership right; paid quarterly.

Before purchase: what to check

  • Ownership status: legal owner, encumbrances, mortgages.
  • Construction documentation: compliance with regulations and permits.
  • Property condition: technical inspection and assessment of potential investments.
  • Legal status: disputes and restrictions on disposal.
  • Land registry: orderly registration, unobstructed transfer of ownership.
  • Infrastructure: traffic, schools, shops, public transport.
  • Maintenance costs: taxes, utilities, and regular expenses.