I. GENERAL PROVISIONS
These General Terms and Conditions of “HARRITON GROUP” d.o.o. Belgrade, Milutina Milankovića 11G, Company Registration No: 21951951, Tax ID: 113974474, entered in the Register of Brokers of the Ministry of Internal and Foreign Trade of the Republic of Serbia under number 1729, Certificate No. 627 (hereinafter: the Broker), regulate the mutual relations between the Broker and any natural or legal person who concludes a Brokerage Agreement with the Broker for the purpose of concluding a legal transaction concerning the sale or lease of real estate (hereinafter: the Principal).
II. PROPERTY OFFER
The property offer is based on information provided to the Broker in writing or verbally by the Principal, the advertiser, or obtained through direct observation during the property inspection.
The Principal, under full material and criminal liability, guarantees that at the time of signing the Brokerage Agreement, all information regarding the property made available to the Broker (including location, price, features, encumbrance status, and similar) is accurate.
III. BROKERAGE AGREEMENT
The brokerage agreement for the sale, purchase or lease of real estate (hereinafter: the Brokerage Agreement) is concluded in written or electronic form and contains:
- identification data of the Broker and the Principal,
- the type of transaction (sale, purchase, lease, etc.),
- the amount and method of calculating the brokerage fee,
- the duration of the contract and any provisions on extension or termination,
- all additional costs and conditions of additional services.
The contract clearly defines the rights and obligations of both parties.
IV. OBLIGATIONS OF THE BROKER
Finding and connecting clients
The Broker undertakes all actions with the care of a prudent businessman in order to find and connect the Principal with potential buyers, sellers, tenants, or landlords of real estate.
The Broker informs the Principal about market conditions and new opportunities in accordance with the Principal’s requests and criteria.
The Broker facilitates negotiations and strives to conclude the transaction in the best interest of the Principal.
The Broker shall not be liable for the accuracy and completeness of the information provided by the Principal or third parties, nor for any potential legal or factual discrepancies related to the property, except in cases of wilful misconduct or gross negligence.
Organising presentations and viewings
The Broker organises and schedules property viewings at agreed times, in coordination with interested parties.
The Broker enables the Principal to monitor and participate in the presentations of their property.
If needed, the Broker ensures the personal presence of an authorized representative (e.g., a licensed agent) during negotiations and viewings.
Legal and technical analysis of the property
The Broker reviews the documents proving ownership rights and other real rights related to the property and informs the Principal of any potential risks (e.g., encumbrances, pre-emptive rights, restrictions on legal transactions).
The Broker does not assume legal liability regarding the legal status of the property. Upon the Principal’s specific request, the Broker may engage a third party to conduct a legal analysis of the property.
The Broker provides an objective opinion on the market value of the property or the rental amount, based on its characteristics and prevailing market conditions.
Record-keeping and transparency in operations
The Broker keeps a precise record of all activities, negotiations, and contacts with interested parties.
The Broker, if deemed necessary, may inform the Principal verbally or in writing about the steps taken, potential opportunities, and general market interest regarding the respective property. The Broker is not obliged to provide regular reports unless explicitly agreed upon with the Principal.
All obligations arising from the Brokerage Agreement may be performed electronically, unless otherwise agreed between the Principal and the Broker at the time of concluding the Brokerage Agreement.
Confidentiality and data protection
The Broker keeps the Principal’s personal data and information about the property as a trade secret, in accordance with the Law on Personal Data Protection.
The Broker may, if necessary, record and document relevant communications (if stipulated in the agreement) in order to protect the interests of both parties and to enforce the Brokerage Agreement.
All photographs, video recordings, presentations, and textual descriptions of the property created by the Broker for the purpose of promoting the respective property constitute the Broker’s intellectual property and may not be used without prior consent.
Broker’s engagement and contract-related obligations
The Broker is obliged to facilitate the unhindered transfer of all relevant documents between the parties in the transaction.
The Broker participates in the final negotiations and enables the parties to execute the transaction.
The Broker may, at an additional cost and with the assistance of a third-party legal expert, arrange the drafting of preliminary agreements and contracts for the sale or lease of the property, if so requested by the Principal.
V. OBLIGATIONS OF THE PRINCIPAL
Providing accurate information and documentation
The Principal guarantees that all information about the property is accurate and complete (ownership rights, encumbrances, permits, zoning status, etc.).
The Principal shall provide the Broker access to the originals or certified copies of documents proving their ownership rights to the property.
In the event of a sale or lease, the Principal is obliged to provide all legally required documentation so that the contract can be concluded without impediment.
In accordance with the Law on the Prevention of Money Laundering and the Financing of Terrorism, the Principal is obliged to provide the Broker with a duly completed and signed Statement for determining Politically Exposed Person or a close relative status.
This is a legal obligation for both the Broker and all parties involved in the sale and lease of real estate, and the Principal is required to submit the aforementioned statement.
Furthermore, the Principal must provide a valid identification document (identity card or passport) of the signatory/owner of the property.
In cases where the contract for the sale or lease is to be signed by an attorney-in-fact (who is not registered in the Serbian Business Registers Agency), the Principal must also provide a copy of the valid power of attorney issued for the purpose of signing the respective contract.
Facilitating viewings and negotiations
The Principal allows the Broker and potential buyers/tenants access to the property for viewings at agreed times.
The Principal attends scheduled property viewings or, if unable to attend, informs the Broker of this in advance.
Notifying of changes
The Principal is obliged to immediately inform the Broker of any changes regarding the property, its legal status, price or deadlines.
In the event of any change in contact information, the Principal is obliged to notify the Broker without delay.
Compliance with exclusive brokerage (if agreed)
If exclusive brokerage is agreed, the Principal must not engage another Broker for the same property during the term of the contract.
If the Principal breaches this obligation and concludes a transaction with a third party involving the property for which exclusive brokerage was contracted with the Broker, the Principal shall be obliged to compensate the Broker for damages in the amount of the agreed brokerage fee.
Payment of the brokerage fee and other costs
The Principal undertakes to pay the Broker the agreed brokerage fee at the time of concluding the preliminary contract or the sale/lease contract.
If agreed, the Principal reimburses the Broker for other expenses (advertising, photography, legal services, etc.).
In the event of termination of the Brokerage Agreement by the Principal without justified cause, the Broker shall be entitled to compensation for damages suffered, the amount of which shall not exceed the agreed brokerage fee.
Cooperation and professional conduct
The Principal shall not have the right to independently conclude a sale or lease agreement with a client introduced by the Broker, without informing and cooperating with the Broker. Such conduct shall be deemed a material breach of the Brokerage Agreement and shall oblige the Principal to compensate the Broker for any damages incurred.
The Principal is obliged to sign the Introduction Protocol confirming that the Broker enabled contact with interested parties.
Regardless of the Introduction Protocol, as an evidence on introduction with the interested parties, the Broker can also use the notice sent to the Principal via e-mail (“Notice”). In the event the Principal does not dispute the Notice within 24 hours as of its receipt with stipulation of evidence, it shall be considered that the Notice is accepted and valid with the date of receipt and equal to Introduction Protocol.
The Principal is obliged to keep confidential information, as communicated by the Broker. Confidential information are information which are not business secret, but can negatively impact interests of the Broker, as well as interested parties during the conclusion of the agreement.
The Principal is obliged pay to the Broker justified expenses incurred during the negotiations, subject to the fact that it has approved the same in written form.
The Principal is obliged to provide scan of the concluded lease and / or sale agreement within 24 hours as of the conclusion date, in each lease and / or sale agreement conclusion in line with this Agreement.
The Principal is obliged to provide to the Broker certified tenants’ turnover or invoices issued to the tenant related to the charging of the rent, both for a period of a year as of the date of opening of the Property for public, in the event it has agreed payment of only turnover rent with the tenant.
The Principal is obliged to cooperate with the Broker with the aim of completing the transaction as quickly and efficiently as possible.
VI. POSSIBILITY OF RECEIVING A DEPOSIT
When mediating in the leasing of a property, if the Principal explicitly instructs the Broker, the Broker may, in the name and on behalf of the Principal, receive a deposit from an interested lessee by which the property is reserved.
The Principal’s explicit instruction for receiving the deposit is given in a telephone conversation that is recorded in accordance with the Personal Data Protection Law or via electronic mail.
Upon receiving the deposit, the Broker is obliged, on behalf of the Principal, to sign an appropriate memorandum of understanding reached with the tenant on the leasing of the property, including the details of the arrangement which the Principal agreed to via the recorded telephone conversation or by email.
The deposit received by the Broker shall be transferred to the Principal’s account within a maximum of 3 (three) business days from the date of receipt of the deposit, reduced by any contractually agreed costs (if such are provided and previously agreed).
The Broker shall not be liable for any dispute between the Principal and the interested tenant regarding the refund or retention of the deposit, except in the case of wilful misconduct or gross negligence in handling the deposit.
VII. RIGHT TO THE BROKERAGE FEE
The Broker becomes entitled to the fee at the moment of the conclusion of a Preliminary Contract or a contract for the sale/lease of the property, or when a legal transaction that is a direct result of the Broker’s mediation is concluded in accordance with the agreed terms.
The brokerage fee may be agreed upon in one of the following ways: as a percentage of the agreed sale price of the property or rental amount, in accordance with the provisions of these General Terms and Conditions or the individual agreement, or as a fixed amount specifically agreed between the Broker and the Principal. The Broker may, where justified by circumstances, grant a discount on the agreed fee.
In the event that the brokered transaction is not executed due to actions of the Principal contrary to the principles of good faith and fair dealing, the Principal shall be obliged to pay the Broker the full agreed brokerage fee.
The Principal is obliged to pay the fee to the Broker even if the purchase/lease agreement is concluded by the Principal’s Affiliate or if the lease agreement is concluded by the tenant Affiliate.
Affiliated company means: (i) any company Controlling the Principal/tenant; (ii) any company Controlled by the Principal /tenant (iii) any company under the joint Control with the Principal /tenant.
Control means the ability of one company to determine that business activities of the other company are conducted in line with the directives and policies of the first company via holding the (i) shares in the company (ii) voting rights or (ii) in any other manner (in each case directly or indirectly) and Control shall be interpreted accordingly.
The Principal is also obliged to pay the Brokerage fee in line with this Agreement, in the event the sale/purchase/lease agreement is concluded:
- With the person who is a relative with the person Broker introduced him to, or
- With the person that was present on the visit to the Property
The Broker has the right to charge full amount of the fee as determined in the event:
- If the Principal, without the presence or knowledge of the Broker or via another agent, during the term of this Agreement and 24 months after the expiry thereof, the Principal concludes the lease and / or sale/purchase agreement with the third party introduced by the Broker, with its relatives or persons present at the visit or its Affiliates;
- The Principal (or Principals’ Affiliate) and third party introduced by the Broker conclude a lease and/or sale agreement for the lease or sale of this or any other property owned by the Principal (or Principals’ Affiliate) within 24 months as of the signing of the Introduction Protocol or receipt of the Notification about introduction;
- The Principal and the potential tenant/purchaser start the negotiations on lease and / or sale during the 24 months as of the signing of the Introduction Protocol, but do not conclude the lease and / or sale agreement within this period, but the same is concluded after the expiry of the 24 months;
- The Principal and the lessor/lessee conclude new lease agreement or annex prolonging the period of lease of the initially concluded lease agreement.
The Principal undertakes to pay the Broker the agreed brokerage fee no later than within 7 (seven) days from the date of issuance of a valid invoice, unless otherwise specified in a separate agreement.
The Broker shall be entitled to claim the agreed brokerage fee through legal proceedings within 10 (ten) years from the due date of the payment obligation, in accordance with the applicable laws of the Republic of Serbia.
VIII. SUB-BROKERAGE AGREEMENT
The Broker may assign its rights and obligations from the brokerage agreement, in whole or in part, to another Broker with the explicit consent of the Principal.
The sub-brokerage agreement must be concluded in written or electronic form, and must contain:
a) the manner and conditions of transfer of rights and obligations,
b) the method of payment of the brokerage fee,
c) conditions for termination of the sub-brokerage agreement.
The Broker shall provide a copy of the sub-brokerage agreement to the Principal within three days of its conclusion.
IX. COSTS AND ADDITIONAL SERVICES
The brokerage commission for mediation in the sale of real estate amounts to a minimum of 3.0% of the agreed purchase price of the property, plus VAT.
The brokerage commission for mediation in the lease of real estate amounts to a minimum of 200% of the net agreed monthly rent, plus VAT.
The fee for advisory and consulting services aimed at achieving the best possible market placement of the property amounts to RSD 36,000.00 per working hour, plus VAT.
In accordance with the Brokerage Law, the Broker may agree with the Principal on the exact amount of the brokerage fee for a specific brokerage transaction, or agree on a discount on the brokerage fee and draw up a special Brokerage Agreement to that effect between the Principal and the Broker.
In addition to the basic brokerage fee, the Principal also bears the costs of additional services—such as advertising, professional photography, video presentation, or hiring a lawyer for the preparation of a preliminary contract or contract—if those services are agreed in advance.
The amount of additional costs and the method of their calculation shall be clearly stipulated and specified in the Brokerage Agreement or an annex.
X. FINAL PROVISIONS
These General Terms and Conditions come into force on the day of adoption and are considered an integral part of every brokerage agreement.
In the contractual relationship between the Broker and the Principal, these General Terms and Conditions apply from the moment of the conclusion of the Brokerage Agreement and are as binding as the Brokerage Agreement.
For all matters not otherwise regulated by the Brokerage Agreement, the provisions of these General Terms and Conditions shall apply. In case of a discrepancy between the provisions of these General Terms and the Brokerage Agreement, the provisions of the Brokerage Agreement shall prevail.
For any relations between the Broker and the Principal not regulated by these General Terms and Conditions, another general act of the Broker, or the Brokerage Agreement, the provisions of the Law on Real Estate Sale and Lease Brokerage, the Law on Real Estate Transactions, the Law on Obligations, the Law on the Prevention of Money Laundering and Terrorism Financing, as well as other regulations of the Republic of Serbia shall apply.
Belgrade, 2nd of June, 2025
HARRITON GROUP DOO BEOGRAD