Perspecta ltd., headquartered in Sarajevo at Trg Heroja 21, ID no. 4201939480005, with the real estate agency Posjed as a part of it, on a date December 2nd, 2019, delivered internal decision, as written below:
The General Terms and Conditions of Real Estate Brokers regulate the business relationship between Perspecta ltd., which includes the real estate agency Posjed (hereinafter: Broker) and natural or legal persons (hereinafter: Principal) who conclude a sales and leasing brokerage contract with the Broker (hereinafter referred to as: brokerage agreement)
The General Terms and Conditions are an integral part of the brokerage contract concluded between the Broker and the Principal.
The Broker is a legal entity registered for the real estate brokerage business with the Municipal Court in Sarajevo.
The offices of the broker are located in Sarajevo at Trg heroja br. 21.
The opening hours of the Broker are from 9am to 4:30 pm from Monday to Friday, subject to change, as agreed with the parties.
The Principal gives the Broker an order for mediation by signing the brokerage contract. The Principal provides information that the Broker may further pass on to third parties. Third parties (buyers, tenants, etc.) are considered to be persons whom the Broker seeks to connect with the Principal in order to negotiate the conclusion of legal transactions for the sale and rent of real estate (hereinafter: contracts with third parties).
The Principal warrants to the Broker that all information is correct and that the Broker has the right to mediate the sale of the concerned real estate.
The Broker will update, from time to time, information on prices and availability of the concerned real estate. The Broker tries to keep accurate all the information in the descriptive part of the offer, but is not responsible for their correctness, if the errors were due to good faith in the information provided by the Principal.
The Broker is obliged to permanently keep as confidential business information exchanged with third parties and clients, except in the case of court orders and obligations in accordance with applicable laws.
The duty of confidentiality will not be breached if the Broker discloses the information to third parties with whom he seeks to put in contact the Principal and which disclosure is necessary for the Broker to fulfil his brokerage capacity given by the Principal.
Property prices and rental rates are generally set by the lessors and are stated in convertible marks (BAM).
The Broker agrees to try to put in contact the Principal with a third party who would enter into a sale or rent with the Principal. The brokerage contract defines the scope of work of the Broker, the right to acquire the brokerage commission, the real estate which is the subject of purchase or rent, the time duration of the order and other rights and obligations of both the Principal and the Broker.
- Right to charge brokerage commission
The Broker acquires the right to collect the brokerage commission under the contract concluded with third parties upon full or partial payment the total agreed purchase price or rent to the Principal.
If a contract with a third party is terminated for reasons caused by a third party, the Broker will claim the right to collect a portion of the brokerage commission only for the relevant part of the agreed price / rent paid to the Lessor by the date of termination, and there is no legal basis to be returned to the third party (e.g. retained down payment, deposit or so.).
If the termination / cancellation of the contract with the third party occurs for reasons caused by the Principal, and in case the Broker brought it in connection with the third party who accepted and signed the Principal's conditions, the Broker will be entitled to the full amount of the agreed commission.
If the Principal enters into a legally valid contract with the third party with whom the Broker has linked him to, during or after the expiration of the brokerage contract, the Broker will authorise to claim the full contracted brokerage commission.
The Broker is deemed to have provided the Principal with a connection to a third party if:
All extraordinary expenses related to the execution of the Principal’s order must be approved in advance by the Client, otherwise the Broker will not be entitled to reimbursement of such costs.
- Exemptions from the right to collect brokerage fees:
If no agreement is reached with a third party, the Broker is not entitled to collect the brokerage commission.
In the case of a standard brokerage contract, the Broker is not entitled to collect brokerage fees if the Principal has concluded a contract with a third party by himself or through another broker and to whom the Broker did not directly or indirectly make a contact to.
The Principal does not have to enter into a contract of sale or lease with a third party presented to him by the Broker, nor to enter into negotiations on the conclusion of the sale, but will be responsible for damages if he did not act in good faith.
1. Endeavour to find and connect with the Client for the purpose of concluding a contract.
2. Inform the Principal about the average market price of the similar real estate.
3. To inspect the documents proving the ownership or other real right of the concerned real estate and to alert the Principal to obvious deficiencies and possible risks related to unregulated land registry of the real estate and the inscribed real rights.
4. Perform the necessary actions for the purpose of presenting the real estate on the market in the way that the Broker chooses, advertise the real estate appropriately, as well as perform all other actions agreed upon by the brokerage contract.
5. To arrange a real estate inspection, in coordination with the Principal.
6. To mediate in negotiations in favour of the Principal and strive for a conclusion of the contract with a third party.
7. Protect personal data of the Principal and data on the real estate and take care of it.
8. Inform the Principal of all circumstances relevant to the intended transaction that are known or need to be known to him.
The standard brokerage fee, which belongs to the Broker for the mediation in the sale of real estate is 3% (three percent) of the finally agreed purchase price of the real estate, plus VAT.
The standard real estate brokerage commission for lease agreements is:
For a contracted lease term of less than six months, the brokerage fee is 15% of each monthly rent charged. All of the above fees do not include VAT.
The Principal may offer the Broker a bonus himself.
Fees are due for payment immediately upon conclusion of the contract with a third party and payment of any part of the price or rent.
For the preparation of assessments, studies, as well as advisory services, the Broker will prepare a written offer to the Client. The price of these services depends on the scope of work and time.
Granting a discount on service fees is at the Broker’s discretion.
The General Terms and Conditions are available both in the business premises of the Broker and on the official website www.posjed.ba.
The Broker is obliged to provide information about the General Terms and Conditions to all interested parties and the Principal before signing the brokerage contract. By signing the brokerage contract, the Principal gives his / her approval that he / she is familiar with the General Terms and Conditions.
The Law on Obligations of the FB&H shall apply to all not mentioned provisions.
In case of a dispute, the court in Sarajevo shall have jurisdiction.
Sarajevo, 02. December 2019.