Gerenal Terms and Conditions

Laguna Prime Real Estate Kft. – Általános Szerződési Feltételek

Verziószám: v41/20200915
Feltöltve 2020. szeptember 15.
Érvényes: 2020. szeptember 15-től.


Dear Partner, prospective Customer!

Our company considers it important to work in a transparent, understandable, and pre-agreed manner for our customers and partners, which serves as a guarantee for us and our customers for accurate, high-quality, and problem-free cooperation. Therefore, please carefully read our company's General Terms and Conditions, which will form the basis of our future cooperation!

Below you can read the General Terms and Conditions of Laguna Real Estate Center (Laguna Prime Real Estate Kft.) regarding its rental and sales services:

GENERAL REAL ESTATE SALES / LEASING AGREEMENT, COMMISSION
Client:
An authorized private individual or company that verifiably gives an order for the rental or sale of a given property, or for any type of consulting and administration. Orders may only be given by the owner of the property or, based on written authorization, by the owner's authorized representative!
Agent:
Laguna Ingatlanközpont
/ Laguna Prime Real Estate Kft. - as well as its representatives or direct interests
Cím: 1026 Bp. Pasaréti út 53.
Adószám: 28757722-2-41
Cégjegyzék szám: 01-09-372698
Tel.: 200-9960; e-mail: web@lagunaingatlan.hu

The Principal(s), Owner(s) or their authorized representatives participating in the transaction shall, based on previously known and agreed conditions, give an order to Laguna Real Estate Center (Laguna Prime Real Estate Kft.) undertaking the sale (collectively referred to as the "Parties") to lease or sell the currently offered "Real Estate" and/or to perform any pre-agreed consulting or administrative tasks related to the real estate, in other words, to act as a real estate agent.

Within the framework of cooperation, the parties accept the following conditions as binding upon themselves and which cannot be unilaterally modified.

During the term of the mandate, the Agent shall be entitled to perform brokerage activities in relation to the properties under the following conditions:

  • To include the property(ies) offered in its own records and list of offers (register them), and to freely offer and present them to its own clientele.
  • The agent is entitled to publish the property(ies) on its own websites and advertising platforms without restriction, at its own discretion, taking into account the interests of the property and its owner (the principal).
  • He does not charge any commission or fees in advance and carries out his activities at his own expense.
  • If the property meets the requirements of a Buyer registered by the Agent, the Agent shall broker the property and, based on prior agreement with the Principal, shall present the property.
  • The Agent shall be entitled to participate in all consultations and negotiations between the Principal and the Buyer or Lessee mediated by the Principal and the Agent, or to request information about any information transfer in such negotiations between the Principal and the Buyer or Lessee. The Principal guarantees that it will not "bypass" the Agent and will reject any such requests from third parties and notify the Agent thereof. In the event of failure to do so, the Agent shall be entitled to initiate legal proceedings for damages in relation to the real estate property that is the subject of the Agency Agreement.
  • The Principal assumes responsibility for the accuracy of the information provided to the Agent regarding the property – data, ownership conditions, factors that may prevent the sale – and by signing this agreement, consents to their free use.
  • The agent shall handle the information received in compliance with the Data Protection Act.
  • The copyrights to the photos taken by the Agent and the information obtained about the property belong exclusively to the Agent, who may dispose of them freely.
  • The Assignment shall terminate upon completion of the transaction specified therein, or on the date of receipt of the termination notice issued by the Principal (in the case of notification by electronic mail, on the date of its appearance on the Agent's computer).
  • The Parties declare that they will cooperate during the term of this agreement for the purpose of selling the property specified herein, and in this context, they are obliged to share with each other all information that may facilitate the sale or lease, and to inform each other immediately of any special events related to the sale (price changes, changes in conditions, changes in ownership, the arrival of a prospective buyer or tenant, etc.).


The success of the assignment, the fact of the sale:

The Parties agree that the Principal shall consider the assignment fulfilled by the Agent in the event that the Agent introduces to the Principal a client with whom the Principal can agree on the sale or lease of the real estate specified as the subject of this agreement – price, payment terms, and transfer of possession – and can put this in writing!

The Parties declare that the Agent shall be entitled to a commission upon the successful completion of the Assignment, subject to the signing of a statement by the Seller/Owner and/or Buyer/Tenant as written proof of the sale or lease.


The brokerage commission rate:

  • 4% of the agreed, actual gross purchase price of the property sold + VAT,
  • In the case of leasing, the amount of the monthly rent agreed between the parties + VAT.


Successful completion, mediation - The Parties shall consider the mediation by the Agent to be successful if the following conditions are met individually or collectively:


The Parties agree that a successful sales mediation or the fulfillment of the transaction specified in the order shall be deemed to have taken place if, as a direct result of the Agent's activities (personal presentation, advertisements, electronic recommendations, etc.), the party documented and registered with the Agent, or its interest, as defined in the Civil Code (Act V of 2013). 8:1. § (1) 1.-2. and 8:2.§), or their company, or a new buyer acquired as a result of a purchase offer made by them - a third party - and the Principal's owner(s) conclude an agreement for the transfer of real estate ownership.

The Parties shall also consider the assignment fulfilled if an exchange takes place between the Principal and the mediated client, regardless of whether the exchange involves real estate or other movable property, or if the real estate is owned by a company and the sale and purchase is effected through the transfer of the company. In such cases, the guide price shall be decisive.

The Parties shall also consider the mediation to be successful if the Principal withdraws from an agreement previously accepted by it or unilaterally modifies the terms of the agreement after the fact, leading to the termination of the agreement, thus the agreement is not concluded solely for reasons attributable to the Principal, and as such, the Agent is entitled to the success fee, regardless of whether the purchase agreement is concluded with the mediated party.

The Parties agree on the due date of the brokerage commission even if, after the acceptance of a written Purchase or Lease Offer relating to the property in question, the transaction does not come into effect for reasons attributable to the Principal, with particular regard to the Principal's previous provision of incorrect or incomplete information, unilateral modification of the already accepted terms and conditions of the Purchase or Lease Offer, or subsequent rejection of the previously accepted Purchase or Lease Offer.

The Principal shall respond in writing to any purchase or lease offer received from or forwarded by the Agent within the deadline specified in the purchase or lease offer, or, failing that, within a maximum of 5 days after delivery.

Pricing, price negotiation:

The Parties agree that the Principal shall be entitled to determine and change the asking price of the property in all cases.

In the event of a price change, the Principal shall notify the Agent in writing of the change and the modified asking price within 3 days of the change taking effect. The Agent shall in all cases send an electronic confirmation of the price change to the Principal at the specified e-mail address, from which date the new asking price shall be valid.

The Principal acknowledges that the Agent shall offer the property for sale based on the latest written price determination by the Principal. In the event of a failure to provide written notification of a price change, the offer price in the Agent's system at the time of the offer shall be considered valid.

General provisions:

The Principal shall notify the Agent if, other than the Agent, the Principal or another real estate agent appointed by the Principal advertises the property at a price lower than the asking price specified in this Agreement. In the event of failure to do so, the Agent shall be entitled to offer the property at the lowest price found in advertisements and offers verifiably available on the Internet.

The Agent shall be entitled to involve a cooperating partner or co-seller in the sale of the property, sharing its own brokerage commission.

The Principal shall be obliged to notify the Agent if it has received a purchase or rental offer for the property from another third party.

Any attempt to circumvent the Agent or any action aimed at not paying the agreed brokerage commission or unreasonably reducing it shall constitute a breach of contract with regard to this Agreement!

Any action aimed at limiting or excluding the Agent's contractual commission claim arising from the successful performance of this assignment, In the event of false termination of the Assignment or conclusion of a purchase agreement with another natural or legal person subsequently selected from the Buyer's sphere of interest in order to avoid payment of the commission, the Agent shall be entitled to claim damages and costs related to the transaction, enforceable by legal means against the Principal or the owner of the property.

The Principal shall assume joint and several liability for the Principal's rights, the accuracy of the information provided in the Assignment, and the marketability of the property, also on behalf of the co-owners. The Principal shall inform the Agent of all legal and other known technical circumstances relating to the property that is the subject of the order.

The Principal shall be responsible for the contact details provided in advance (telephone number, e-mail, postal address) and, in the event of the involvement of another person as its representative, for the contact details of that person. The Principal shall notify the Agent of any changes in contact details before the change takes effect and request confirmation. The Principal shall be liable for any damages resulting from changes in contact details that hinder or render impossible the intermediary activity. If the Agent suffers financial damage as a result of the failure to notify the change, the Agent shall be entitled to compensation from the Principal up to the amount of the intermediary commission.

Termination of assignment:

The Assignment shall remain valid until the transaction contained therein has been completed or until it has been revoked in writing.

After assessing the written termination request sent by the Principal, the Agent shall archive the property within a maximum of 5 working days, remove it from its list of offers, and send an electronic notification of the archiving to the Principal's email address.

The order shall be closed by the parties with a transaction confirmation, which the Agent shall deliver to the Principal in person, electronically, or by post.

The Principal undertakes to notify the Agent within a maximum of 5 calendar days of the occurrence of circumstances giving rise to the termination or suspension of this assignment if it wishes to terminate the assignment or suspend its performance.

In the event of loss of interest, the Principal shall not be required to pay any brokerage commission or reimbursement of costs if it notifies the Agent in writing of the reason for the withdrawal of the Agreement within 3 working days of the withdrawal and, in the case of a sale, informs the Agent of the name of the Buyer, as disclosed in the public property register.

The Agent may claim reimbursement of costs if the Principal fails to notify the Agent, or does so late or incompletely, if the sale of the property becomes uninteresting for any reason.

By signing this agreement, the Owner-Principal authorizes the Agent to inspect the property title deeds and request copies thereof. Any matters not regulated in this Agreement shall be governed by the provisions of the Civil Code in force.

The Parties agree that the content of any agreements made between them shall be considered confidential business information and may only be disclosed to third parties with the prior written consent of the other party. The Parties acknowledge that the terms and conditions of the agreement cannot be unilaterally modified after signing.

The prospective Client has read, understood, and acknowledged the General Terms and Conditions and accepts them as the basis for cooperation, considering them binding on themselves, regardless of whether any part thereof applies to the parties in whole or in part.

Dear Partner,

Please note that our company carries out all assignments and collaborations in accordance with the General Terms and Conditions, which may also be established by implied conduct, allowing two business partners to enter into a valid agreement and cooperation without a separately signed paper document.

Please note that implied conduct also includes any form of the Client's will as evidenced by our e-mail correspondence through our Company's electronic mail system.

Therefore, if you wish to become a cooperating partner of our Company but would like a cooperation that differs from the above, please contact our colleagues directly and establish an individual agreement.

Thank you for carefully reading our Company's General Terms and Conditions!

The text and content of these General Terms and Conditions (GTC) are the exclusive intellectual property of Laguna Ingatlan / Laguna Prime Real Estate Kft. Any unauthorized use or copying of this document, in whole or in part, is PROHIBITED!

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