GENERAL TERMS OF "IRIS PARTNERS RE" OOD FOR CARRYING OUT INTERMEDIARY ACTIVITIES
I. GENERAL PROVISIONS
1.1. This document governs the conditions under which "IRIS PARTNERS RE" OOD with registered office and management address: Sofia 1000, "Oborishte" district, "Moskovska" street No. 29A, represented by the manager Hristo Dimitrov Angelkov, EIK 206514310, implements intermediary activity related to buying and selling, renting and leasing of real estate.
1.2. These General Terms and Conditions, in their entirety or parts of them, apply always and in all cases when contact is made between "IRIS PARTNERS RE" OOD and a natural and/or legal person (referred to as "Client" or "Principal") on the occasion of the provision of information related to the search and offer of real estate (for the purpose of purchase and sale and/or rental relations), or conditions are agreed on the conclusion of a Mediation Agreement for the implementation of a real estate transaction, and/or whenever there is a Mediation Agreement or other agreement between the Client/Employer and "IRIS PARTNERS RE" OOD and/or a letter of assignment signed by the Client/Employer.
1.3. These General Terms and Conditions govern all legal relations arising between "IRIS PARTNERS RE" OOD and a natural and/or legal entity (called the "Client" or "Principal"), including, but not limited to, cases where the Client/Principal has signed a letter of assignment. When signing a letter of assignment, mediation contract and/or other agreement between "IRIS PARTNERS RE" OOD and the Client/Employer, it is considered that the Client/Employer is familiar with these General Terms and Conditions and accepts them, expressly agreeing that they will are applied in all relations with "IRIS PARTNERS RE" OOD, arising in connection with and/or on the occasion of the mediation activity carried out by "IRIS PARTNERS RE" OOD, related to the purchase and sale, leasing and renting of real estate.
1.4. These General Terms and Conditions govern all relations that are not expressly regulated in mediation contracts concluded between "IRIS PARTNERS RE" OOD and a natural and/or legal entity (called "Client" or "Principal") and/or signed by "Client ”, or “Principal” letter of assignment, inspection report, documents for the provision of a deposit/deposit, and/or other agreements, in connection with the implementation of intermediary activities related to the purchase and sale, rental and leasing of real estate.
II. TERMINOLOGY Throughout these Terms and Conditions, the words and expressions defined in this section shall have the following meaning, with which meaning the same shall be used in the Brokerage Agreements, letters of engagement, agreements, documents certifying the provision of a deposit/deposit and any other agreements and documents signed by Clients/Principals of "IRIS PARTNERS RE" OOD, in connection with the implementation of the mediation activity, namely:
2.1 "Deal" is the conclusion with the mediation of "IRIS PARTNERS RE" OOD of a preliminary and/or final contract for the purchase and sale of real estate or a contract for the lease of real estate between two parties, one of which, or both parties is/ are the Client/s/Employer/s of "IRIS PARTNERS RE" OOD. A transaction is also any transfer of the right of ownership of immovable property to a third party and/or to a Client/Contractor of "IRIS PARTNERS RE" OOD, to a third party and/or to a Client/Contractor with the help of the mediation of " IRIS PARTNERS RE" OOD, including by making a non-monetary contribution to the capital of a legal entity owned or controlled by a third party and/or Client/Employer; the transfer of direct or indirect control over the Property/s or their owner to a third party and/or Client/Contractor; the attraction of a third party and/or the Client/Contractor as an investor in the Property/s or in the company-owner of the Property/s, or in persons exercising control over them, including through direct financing, contribution, repayment or securing of a bank loan , or any other form of investment or joint activity in connection with the Property/s. A transaction within the meaning of these General Terms and Conditions is also any transaction with a real legal effect on the property (exchange, donation, establishment or sale of the right to build, or establishment of the right to use, sale of an enterprise in which the property is an asset).
2.2. "Property" is the real estate described in the assignment letter, the Brokerage Agreement, the inspection report, the agreements, the documents certifying the provision of a deposit/down payment, and/or any other agreements and documents signed with/arranged through the mediation of "IRIS PARTNERS" RE" Ltd. and/or Property for which the Client/Employer has received information from "IRIS PARTNERS RE" OOD and/or for which property the Client/Employer has made contact with "IRIS PARTNERS RE" OOD.
2.3 "Client" or "Principal" of "IRIS PARTNERS RE" OOD is a natural or legal person who receives information from "IRIS PARTNERS RE" OOD, related to the search and offer of real estate in connection with the activities carried out by "IRIS PARTNERS RE" OOD intermediary activity in transactions with
real estate and/or is bound by a letter of assignment and/or mediation contract with "IRIS PARTNERS RE" OOD. Client/Principal of "IRIS PARTNERS RE" OOD is also any natural or legal person specified in the inspection report or related to him, a person who attended a property inspection organized by "IRIS PARTNERS RE" OOD and/or received information from "IRIS PARTNERS RE" OOD. The client/contractor of "IRIS PARTNERS RE" OOD may not have a contract for mediation, or it may be concluded between them in oral form, as well as be a client/contractor of another intermediary with whom "IRIS PARTNERS RE" OOD has commercial relations.
2.4. "The price requested by the Client/Employer" is the amount specified by the Client/Employer as the sales or rental price in the assignment letter and/or in the mediation agreement, in the correspondence by e-mail, fax and/or the amount specified in another document on paper medium, addressed to "IRIS PARTNERS RE" OOD, in connection with the implementation of the intermediary activity.
2.5. "Property sale price" is the amount specified in the preliminary sales contract or other agreements between the parties to the transaction, or if such are not signed, the price specified in additional agreements to the mediation contract, in the absence of such, the amount , specified in the final contract for the purchase and sale of the property. In the event of a discrepancy between the sale price specified in the notarial deed of purchase and sale and the price actually agreed between the parties to the transaction, the agreed sale price within the meaning of this clause is the price actually agreed upon in the preliminary contract or other agreements between the parties to the transaction, or if such are not signed, the price specified in additional agreements to the brokerage contract.
2.6. "Rental price of a property" is the monthly rental price, according to the signed Lease Agreement, and if in the same contract the amount is determined on a different basis, the rental price is the amount corresponding to the average monthly rent of the property, according to the term defined by the lease agreement.
2.7. "Mediation Agreement" is the contract concluded between "IRIS PARTNERS RE" OOD and the Client/Contractor, by virtue of which the latter assigns "IRIS PARTNERS RE" OOD to mediate in the implementation of a transaction / purchase-sale or lease agreement / with real estate property, against the payment of a fee.
2.8. "Inspection" is organized by "IRIS PARTNERS RE" OOD, at the request of the Client/Employer of "IRIS PARTNERS RE" OOD, a meeting on the territory of a property for which the Client/Employer has previously received information from "IRIS PARTNERS RE" OOD , which meeting takes place for the purpose of getting to know the characteristics and condition of the property on the occasion of the intentions of the Client/Contractor for the realization of a transaction with the real estate.
2.9. "Inspection protocol" is a private document drawn up by "IRIS PARTNERS RE" OOD and signed by the Client/Contractor, certifying the date and time of the real estate inspection, as well as certifying that "IRIS PARTNERS RE" OOD organized the inspection of the specified property by the specified Client/Contractor, respectively, that the client/Contractor who signed the protocol visited the property identified in the document through the mediation of "IRIS PARTNERS RE" OOD. In the absence of other documents signed for the property, the inspection protocol is proof that between "IRIS PARTNERS RE" OOD and the Client/Contractor, a legal relationship has arisen regarding the provision of intermediary services by "IRIS PARTNERS RE" OOD, to which these General Terms and Conditions are applicable. The inspection protocol has the meaning specified in section V of these General Terms and Conditions .
2.10. "Remuneration" or "Commission/Intermediary Remuneration" is the remuneration of "IRIS PARTNERS RE" OOD for services provided, agreed under the terms of the Mediation Agreement or other written agreement between the Client/Principal and "IRIS PARTNERS RE" OOD.
2.11. "Usual brokerage fee" of "IRIS PARTNERS RE" OOD is the remuneration for brokerage services. If no other amount is expressly agreed between "IRIS PARTNERS RE" OOD and the Client/Employer, the usual brokerage fee payable by the Client/Employer is of: 3% (three percent) excluding VAT of the sale price of the property in case of purchase and sale, but not less than 1000 (one thousand) euros excluding VAT; 100% (one hundred percent) without VAT of the monthly rental price of the property without incl. VAT, for residential property rental transactions, not less than 300 (three hundred) euros without VAT; one average monthly rent not incl. VAT in transactions with rents of commercial and office space, but not less than 800 (eight hundred) euros excluding VAT. In the event that "IRIS PARTNERS RE" OOD represents both parties to the transaction, the mediation fee is due in the above amounts from each of the parties to the transaction.
2.12. "Minimum expenses" for "IRIS PARTNERS RE" OOD are expenses in the amount of 30% (thirty percent) excluding VAT of the value of the agreed remuneration under the Mediation Agreement or other agreement with the Client/Contractor, or plus the Usual Brokerage Fee.
III. EXCLUSIVENESS
3. If between "IRIS PARTNERS RE" OOD and the Client/Principal, exclusive intermediary rights for a real estate transaction have been agreed upon, the Client/Principal undertakes, within the agreed period of validity of the exclusivity clause, not to offer in any way without the participation of "" IRIS PARTNERS RE” OOD the same property for sale and/or rent, both independently and through a person related to it, in the sense of § 1 of the Additional Provisions of the Commercial Law; through third parties - proxies, including through other brokerage agencies and intermediaries, including not to enter into contractual relations with the listed persons in connection with/on the occasion of the offer of the same property, as well as that for the same period he undertakes, without the participation of "IRIS PARTNERS RE" OOD, not to conduct negotiations, not to conduct inspections of the property without the presence of a representative of "IRIS PARTNERS RE" OOD not to organize inspections and not to sign agreements, preliminary and/or final contracts with the subject of the transfer or lease of the same property. In case the Client/Employer violates the above conditions, incl. if a preliminary contract or a final purchase-sale contract or lease contract is concluded for the property, during the validity period of the exclusivity clause, the transaction is considered to have been concluded with the mediation of "IRIS PARTNERS RE" OOD, with all resulting rights, obligations, responsibilities and consequences, as "IRIS PARTNERS RE" OOD has the right to the corresponding remuneration for mediation, as well as the rights specified below in section VIII of these General Terms and Conditions.
4. Under the terms of a concluded Mediation Agreement with a clause for exclusive mediation rights (exclusivity), the Client/Employer undertakes, within the agreed period of validity of the exclusivity clause, without the participation of "IRIS PARTNERS RE" OOD, not to look for a property for purchase - sale or lease, not to conduct inspections for the purchase or lease of a property without the presence of a representative of "IRIS PARTNERS RE" OOD independently, through a person related to him, in the sense of § 1 of the Additional Provisions of the Commercial Law, through a third party, proxy or through another intermediary or brokerage agency, as well as not to conclude preliminary and final purchase-sale or rental contracts in the same period. If, during the term and under the conditions of an concluded Brokerage Agreement with an exclusivity clause, the Client/Principal enters into a preliminary contract for the purchase of property and/or purchases real estate with a final contract or enters into a property rental agreement, due to the nature of the exclusive rights it is considered , that the property was purchased/leased through the mediation of "IRIS PARTNERS RE" OOD with all rights, obligations, responsibilities and consequences arising therefrom, as "IRIS PARTNERS RE" OOD is entitled to the relevant remuneration for mediation as well as the rights, specified below in Section VIII of these General Terms and Conditions.
IV. CONCLUSION OF ARBITRATION AGREEMENT
5. The Client/Employer, who has signed with "IRIS PARTNERS RE" OOD a Mediation Agreement for the sale of a property, declares that: he is the sole exclusive owner of the property; if the property is in co-ownership, that he acts with the consent of the other co-owners; if is not the owner, that he has a valid representative power to conclude the order and his power of attorney is not void or revoked); all other owners agree to the sale of the property; he has the necessary ownership documents, as well as the documents necessary for the transaction; on the property , or parts of it, there are no established securities and encumbrances in favor of third parties, including but not limited to mortgages, foreclosures, right of use or other rights of third parties; there are no objective reasons that prevent the sale of the property; with regard to the property, or parts of it, there is no right of a state or municipal body to expropriate based on an effective detailed development plan or other expropriation procedure or confiscation; there are no imposed foreclosures or restrictions arising in any other way (including contractual) for exercising the rights on the property, or parts of it; the owner's possession of the property, or parts of it, has not been violated or taken away; the owner of the property is not a party to contracts, including contracts related to the use of the property, or parts thereof, which must be terminated or renegotiated, or from which financial obligations may arise, in connection with the change of ownership of the property; there are no legal, collateral or executive proceedings regarding the rights to the property and the Client/Contractor is not aware of any facts or circumstances that could lead to the initiation of such proceedings against him; there are no claims of third parties (regardless of their form and content) regarding the property in court or extrajudicial order; no precautionary measure has been imposed on the property under the Law on confiscation in favor of the state of property acquired through criminal activity; no
the possession of the Client/Contractor over the property is violated or taken away and third parties do not have possession or possession over the property; the property is legally built and all documents establishing its legality are available for it, including a building permit and approved investment projects; all alterations, reconstructions and major repairs (to the extent that such are carried out) have been carried out on the basis of permits and approved projects duly issued and entered into force, and the same have been put into operation/the same have been permitted to be used in the proper manner and for this there are valid documents entered into force; at the present time, there is no prescription or other act issued by a competent authority regarding the state of the property, which have not been fulfilled; if the Client/Employer is a legal entity: his legal representative or his duly authorized representative declares that the owner of the property is a company duly established and existing under the laws of the Republic of Bulgaria, for which no bankruptcy proceedings have been initiated or actions taken for termination and liquidation, is not in a state of insolvency or over-indebtedness; and that the property and its commercial enterprise are not subject to a special lien.
6. The Client/Employer, having signed with "IRIS PARTNERS RE" OOD a Mediation Agreement for the rental of a property, declares that: he is the legitimate owner/co-owner of the property, and/or he is duly authorized to carry out actions for the rental of the property; if the property is in co-ownership mode, that he acts with the consent of the other co-owners; if he is not the owner, that he has valid representative authority to conclude the order and his power of attorney is not void or revoked); all other owners agree to the letting under rent of the property; that there are no obstacles to providing the property for rent; access to the property has not been revoked; third parties have no rights and no claims have been made regarding the property that would prevent or limit free access to it, the use of the property and exercise the rights under the lease.
7. In cases where there are more than one Clients/Principals under a Mediation Agreement, it is considered that they are jointly and severally liable for the obligations assumed in the agreement.
8. The mediation agreement, its annexes, as well as all other written agreements between the Clients/Principals and "IRIS PARTNERS RE" OOD, can also be concluded remotely, by e-mail, by courier or postal delivery, or by fax. conclusion of a contract for mediation, it is considered that the Client/Principal is familiar with these General Terms and Conditions and accepts them, expressly agreeing that they will be applied in all relations with "IRIS PARTNERS RE" OOD, arising in connection with and/or on the occasion of the intermediary activity carried out by "IRIS PARTNERS RE" OOD, related to the purchase and sale, renting and leasing of real estate.
9. "IRIS PARTNERS RE" OOD has the right to refuse the conclusion of a Mediation Agreement or to terminate it with a unilateral written notification to the Client/Employer, in the following cases:
9.1. if the requirements and/or conditions set by the Client/Contractor contradict these General Terms and Conditions;
9.2. if the requirements and/or conditions set by the Client/Contractor, including the sales/rental price requested by the Client/Contractor, are not in line with market conditions and/or contradict good manners;
9.3. if the Client/Principal violates its obligations under the mediation agreement and/or these General Terms and Conditions;
9.4. in the case of disrespectful and/or dishonest/incorrect treatment of employees and/or other Clients/Principals of "IRIS PARTNERS RE" OOD by the Client/Principal.
V. CONDUCT OF REAL ESTATE INSPECTIONS
10. "IRIS PARTNERS RE" OOD organizes and conducts inspections of real estate with Clients/Contractors in the presence of a valid legal relationship between them for intermediary services within the meaning of these General Terms and Conditions. For conducting inspections of real estates organized by "IRIS PARTNERS RE" OOD real estate is drawn up Protocol for inspection. The inspection protocol is an integral part of the Mediation Agreement and certifies the following factual relationships and circumstances of essential importance for the implementation of the subject of the Mediation Agreement:
10.1. By signing the Inspection Protocol, the Client/Employer confirms that the property/s subject to inspection have been offered, shown, and that "IRIS PARTNERS RE" OOD has provided him with information and intermediary services regarding the same properties.
10.2. By signing the Inspection Protocol, the Client/Employer confirms that the potential buyer/s or tenant/s brought to inspect his/her property is/are provided by "IRIS PARTNERS RE" OOD, in its capacity/ to the client/s with the mediation of "IRIS PARTNERS RE" OOD.
11. The protocol for the inspection/s is drawn up in one original copy, which remains in "IRIS PARTNERS RE" OOD, as well as in two copies completely identical to the original
la copies, one of which for the Client/Employer.
12. In cases where the Client/Employer does not attend the inspection in person, but authorizes a third party verbally and/or in writing to represent him during the inspection, it is considered that the Client/Employer's proxy is obliged to sign the Inspection Protocol , and the Client/Employer accepts the actions performed by his proxy as his own, as the signed Protocol for Viewing binds the represented Client/Employer in the ways specified in these General Terms and Conditions, including has a binding effect with the meaning of item 10 of this section.
13. The effect and meaning of the Inspection Protocol specified in these General Terms and Conditions do not change if the designation, description and/or address of the property subject to inspection differ from those specified in the title document due to a change in the administrative address , and/or non-presentation and/or lack of valid ownership documents by the Client/Employer and/or due to intentional misleading of the Employee of "IRIS PARTNERS RE" OOD by the Client/Employer regarding the essential characteristics of the property, necessary for the accurate his individualization.
VI. CONCLUSION OF REAL ESTATE DEALS
14. In its capacity as an intermediary in real estate transactions, "IRIS PARTNERS RE" Ltd. necessarily participates in the conclusion of a preliminary contract for the purchase and sale of the property, a contract for renting the property, agreements for the provision of a down payment/deposit and any other agreements between the Clients/Principals regarding the transaction with the property.
15. The preliminary contract or the rental contract is drawn up in the corresponding number of uniform copies with a copy for "IRIS PARTNERS RE" OOD.
16. "IRIS PARTNERS RE" OOD assumes the obligation to assist the parties to the transaction to find mutually beneficial solutions in case of disputes and to smooth out contradictions. "IRIS PARTNERS RE" OOD does not guarantee the fulfillment of the obligations assumed by the parties under the concluded contracts and bears no responsibility responsibility for their failure.
VII. INTERMEDIARY FEE
17. The Client/Employer owes remuneration under the conditions specified in the Mediation Agreement concluded or any other agreement between the Client/Employer and "IRIS PARTNERS RE" OOD.
18. The refusal of the Client/Principal from the intermediary services guaranteed by the contract, provided by "IRIS PARTNERS RE" OOD, is not a reason for reduction, non-obligation or non-payment of the remuneration specified in the contract.
19. The amount, term and methods of payment of the remuneration for performing the mediation service are determined according to the Mediation Agreement or other agreement between the Client/Principal and "IRIS PARTNERS RE" OOD, and if such are not expressly established between the parties, the same determined by these General Terms and Conditions.
20. The client/contractor/seller, lessor, buyer, lessee/ owes remuneration to "IRIS PARTNERS RE" OOD in cases where:
20.1. The Client/Employer or a person related to him, in the sense of § 1 of the Additional Provisions of the Commercial Law, independently or through third parties - proxies and intermediaries, concluded a transaction with the property with a person represented by "IRIS PARTNERS RE" OOD;
20.2. The client/contractor changed the agreed sale/rental price of the property, as a result of which the transaction with the property was thwarted;
20.3. The Client/Employer refuses to deal with the property with a potential buyer/tenant represented by "IRIS PARTNERS RE" OOD, or the transaction does not take place for reasons for which the Client/Employer is solely responsible, including in case of violation of the declarations under item 5 and item 6 of these General Terms and Conditions;
20.4. After the termination of the mediation contract, the Client/Principal entered into a transaction with a client provided to him by "IRIS PARTNERS RE" OOD;
20.5. In the event of a violation of the exclusivity clauses specified above in Section V of these General Terms and Conditions, without the need to prove whether the transaction was carried out through the mediation of "IRIS PARTNERS RE" OOD;
20.6. The Client/Employer entered into a transaction with the property with a person related to a client of "IRIS PARTNERS RE" OOD, within the meaning of §1, paragraph 1 of the Commercial Law or a person with whom the Client/Employer has a close relationship, or a person with whom The Client/Employer is a creditor or debtor, or a person who was present as his companion during the inspection of the property, or a person who requested from "IRIS PARTNERS RE" OOD and received on behalf of the Client/Employer information about the property on the occasion of the execution of a mediation transaction .
20.7. After the termination of the Mediation Agreement, the Client/Principal entered into a transaction with a property that was the subject of an Inspection Protocol signed by him.
21. The Client/Employer owes "IRIS PARTNERS RE" OOD additional remuneration if it assigns actions that are beyond the originally agreed ones.
22. Whenever the amount of remuneration due cannot be established or proven by a written mediation contract or by another written agreement or document signed by the Client/Node
the resident, it is assumed that the Mediation Agreement is oral, and the usual remuneration of "IRIS PARTNERS RE" OOD, indicated in point 2.11 of these General Terms and Conditions, is accepted as the remuneration due.
23. Whenever the due date of the mediation fee cannot be established or proven by a written mediation contract or by another written agreement or document signed by the Client/Principal, it is assumed that the due date of the fee is as follows: on transactions for purchase and sale of real estate - on the date of conclusion of a preliminary contract for purchase and sale, and if no such contract has been concluded, on the date of signing the final contract for purchase and sale of the property, before its registration in the Registration Office at the Agency on entries; under property lease agreements - on the date of conclusion of the Lease Agreement.
24. "IRIS PARTNERS RE" OOD has the right to negotiate different from the usual brokerage fees, as well as to negotiate different fees, depending on the type of property, the market situation, the factual and legal complexity of the transaction, when this is expressly agreed with The client/contractor.
VIII. NON-PERFORMANCE
25. If the Client/Principal does not fulfill an obligation or commitment for a transaction, or refuses a transaction, including a preliminary contract and/or the Mediation Agreement, depending on the degree of fulfillment of its obligations, "IRIS PARTNERS RE" OOD has the right to request at its discretion: either the minimum expenses specified above in t2.12 or the usual remuneration for the work done.
26. If the Client/Principal under a mediation agreement with an exclusivity clause does not fulfill and/or violates its obligations under this clause, and/or terminates the Agreement before the term agreed therein, it owes "IRIS PARTNERS RE" OOD a penalty in the amount of 50% of the agreed brokerage fee or, respectively, of the Usual brokerage fee, calculated on the basis of the price requested by the Client/Contractor.
27. If the Client/Employer delays the payment of brokerage fee and/or other payments under the brokerage contract, he owes "IRIS PARTNERS RE" OOD moratorium interest in the amount of 1% (one percent) on the value of the delayed payment for each day overdue , but not more than 20% (twenty percent of the remuneration amount.
28. If the Client/Employer enters into a transaction with a client or property subject to a Mediation Agreement, according to a concluded Mediation Agreement or other agreement, without the knowledge of "IRIS PARTNERS RE" OOD or delays the payment of remuneration under the mediation agreement for more than 30 days from the due date, or refuses to pay the agreed fee, or pays only a part of it, in each individual case "IRIS PARTNERS RE" OOD has the right to demand payment of the full amount of the agreed brokerage fee, together with a penalty in the amount of 50% on this amount.
IX. FINAL PROVISIONS
29. Any disputes regarding the implementation of Mediation Agreements, other agreements and/or these General Terms and Conditions, including disputes about their interpretation, application, implementation, non-fulfilment, termination, invalidity, disputes related to filling gaps in the same, and/or related to the activity of "IRIS PARTNERS RE" OOD documents and/or these General Terms and Conditions or their adjustment to new circumstances will be settled by mutual agreement between the parties or, if this proves impossible, will be referred to the competent Bulgarian court for decision.
30. These General Terms and Conditions have been accepted by "IRIS PARTNERS RE" OOD and are published on the website at: https://www.sothebys-realty.bg.
31. "IRIS PARTNERS RE" OOD reserves the right to change and supplement these General Terms and Conditions, with the changes/additions entering into force upon their publication at: https://www.sothebys-realty.bg.