of the Metropolitan Estates (hereinafter referred to as “GBTC”)
Article I.
Terminology
Real estate agency is any legal entity pursuing business in the territory of the Slovak Republic in the field of dealing with real estate.
‘Estate borker’ means a person trained by the Metropolitan Estates who is an independent enterpreneur in the territory of the Slovak Republic in the field of mediating sale and real estate services.
‘Client’ is any physical or legal entity that shall use some of estate services of the Metropolitan Estate Agency, who contact real estate agency with interest in any real estates for sale or for rent from it´s portfolio.
‘Contract’ means a contract on provision of real estate services concluded between a particular real estate agency and a client.
The METROPOLITAN website serves as a contact point for all those who offer vacant real estate and who are looking for vacant real estate, and Metropolitan estates is only an intermediary, not a landlord or property owner. Each lease or sale must be defined in the contract concluded between the landlord and the lessee / buyer and seller, and only the lessor and the lessee / buyer and seller are responsible for negotiating the content and concluding the lease or purchase agreement. Metropolitan estates participates in the negotiation of a lease / purchase agreement only as an intermediary in the lease / purchase of real estate, does not represent either party and is not responsible for the content of the agreement, its conclusion or performance of the contract by the parties (tenant, landlord / buyer, seller).
Metropolitan estates offers real estate rental / sale brokerage services. The terms and conditions of leases entered into on the basis of our websites and brokerage services are a joint matter of the landlord and the tenant. Of all the contracts, only the contracting parties that are their parties are responsible. Metropolitan estates shall not be liable for any disputes that may arise under these agreements. Due to the nature of the rental market, some of these offers may no longer be available or their terms may change. The Lessee is aware of and agrees that Metropolitan estates publishes available information which, to the best of its knowledge, it believes is available at the time of its publication and corresponds to the published description. All information about the property listed on the website comes from sources that the company deems reliable, and the photos, descriptions and information about this property correspond to the state at which the photo was taken. The Lessee is expressly aware of the facts and agrees that Metropolitan estates relies solely on information provided by property owners about the properties listed on the Website.
Article II.
Code of Ethics
In provision of their services the estate agency and its estate brokers always proceed in a way to be consistent with interests of a client. In their acting they comply with the legal order of the Slovak Republic and the Code of Ethics of the Metropolitan Estates.
Article III.
Contract on Mediation of real estate services
Real estate agency and its brokers represent a client on the basis of a unique authorisation in an agreed scope. Namely it shall be executed on the basis of the written or oral authorisation. All possible types of contracts and contractual relationships allowed by the corresponding laws of the Slovak Republic are possible.
Article IV.
Commission for real estate services
Real Estate Agency is entitled to ask commission for its real estate services.
Client always pays commission.
Real Estate Agency and its estate brokers are obliged to issue and hand over a proper tax invoice on payment of commission without request by the client. The Metropolitan Estates company is not subject to VAT.
Commission includes also remuneration for mediation of sale / rental of real estate, and it also includes the minimum range of services regardless of the extent they had been used by a client in a particular case.
Long term rentals
Commission is in the amount of 1 month rent and real estate agency is entitled to charge this commission both sides ( Tenant and the Owner of real estates )
Mediation of the lease opportunity
Mediation of the lease opportunity means signing the lease agreement, handing over the keys to the leased premises to the lessee, moving into the leased premises by the lessee, introduction of the person interested in the lease to the lessor by Metropolitan estates or informing the landlord about the tenant of Metropolitan estates , whichever occurs first. The right to commission (remuneration) arises for the intermediary as soon as any of the facts mentioned in the previous sentence occurs.
Cancellation
In case of cancellation or change of the conditions of the already confirmed reservation, the reservation fees and the deposit will be forfeited. The reservation fee can be refunded only if the landlord does not enter into a lease agreement or other circumstances of performance according to the business conditions of Metropolitan estates s.r.o. part Mediation of the lease opportunity. We will cancel your reservation and return all amounts paid to you in full (in the case of payment by credit card or bank transfer – immediately after the reservation fee is credited to our account). However, once Metropolitan Estates becomes entitled to a commission (remuneration) for arranging a rental or stay opportunity, the reservation fee becomes non-refundable because it has already become a commission (remuneration) for Metropolitan estates for arranging a rental or accommodation opportunity. The Client acknowledges that the commission (remuneration) is a payment for one specific case of arranging a rental or accommodation opportunity by Metropolitan Estates and is not entitled to claim a refund of the reservation fee as soon as Metropolitan Estates is entitled to a commission in accordance with these terms and conditions, in particular not in cases where one of the parties fails to fulfill the obligations arising from the lease agreement, withdraws or terminates the lease or accommodation, the lease or accommodation will be terminated or will not be carried out at all by the client, or Lessee and Lessor enter into a dispute. For these reasons, the client is also not entitled to claim any compensation, damages or mediation of another rental or accommodation opportunity free of charge.
Article VIII.
Condition of property
Real Estate Agency and its estate agents are obliged to announce objective information on condition of property to an interested person, provided it is a subject of mediating suitable the immovable property for sale or rental, at the same time, however, the real estate agency nor its estate agents are responsible for damages that may occur in case a client withholds, or states false information on condition of property.
Interested persons and clients are aware of the fact that in case of rela estate transaction, a detailed viewing of the condition of property is recommended.
Article IX.
Minimum range of services for clients
Real Estate Agency provides the following standard services to its client:
property viewing by a real estate broker,
consultation (recommended) of purchase price value / level of the rent,
conclusion of a contract on mediation of sale / rental of immovable property,
provision of extract from the Cadastral register and copy / of an original cadastral plan,
development of professional presentation and incorporation of the offer into a portfolio of Real estate agency (advertising on a webpage of the Real estate agency and contractually agreed external advertising portals, advertising abroad, development of marketing strategy, advertising in press, etc.),
regular offers to clients / updates of real estate offer,
viewings of real estate with interested persons that contacted real estate agency,
conclusion of a reservation contract on property with an interested person and taking over the reservation deposit.
LIMITATION OF LIABILITY The Lessee / Buyer is expressly aware and agrees that Metropolitan estates s.r.o. shall not be liable in the event of any accident, injury, damage or inconvenience caused in connection with the lease or the conclusion of a lease with the lessor on the basis of brokerage services provided by Metropolitan estates s.r.o. The Lessee / Buyer is further aware and agrees that Metropolitan estates s.r.o. does not act as a legal representative of any landlord / seller whose Metropolitan estates s.r.o. to the lessee / buyer and at the same time does not provide any guarantee regarding the conditions of concluded lease / purchase contracts or the condition or security of the leased premises or the subject of the purchase. Metropolitan estates s.r.o. nor acts as a legal representative of the lessee. Metropolitan estates s.r.o. shall not be liable for any direct, indirect or consequential damages that may occur in connection with the accommodation or for other reasons beyond its control. In these circumstances, we are not obliged to pay any damages and we are not liable for any damages or costs that the tenant / buyer may suffer as a result of circumstances beyond our control. Metropolitan estates s.r.o. is not responsible for the performance of the contract by the tenant / purchase tenant, landlord / buyer, seller. All other warranties, conditions, whether express or implied, statutory or otherwise, are excluded to the extent permitted by law.
Real estate broker´s Code of Ethics
1) Real estate broker in his acting always acts with professional care, honestly according to the principles of fair trading and in accordance with applicable laws of the Slovak Republic.
Real estate broker shall not harm legitimate interests and rights of a client. There are no differences among clients for racial, religious, national, political or similar reasons.
3) Real estate broker shall choose procedures so as not to misuse his position contrary to the interest of his client.
4) Real estate broker must not disclose confidential information (usually not available) provided to clients, not even after termination of cooperation.
5) Real estate broker shall be obliged to exercise the greatest discretion with regard to the third persons on business cases and after their termination.
6) Real estate broker shall cooperate with other brokers, when this is in the interest of client. If broker does not intentionally damage cooperation, the principles good cooperation and collegiality are applied.
7) Real estate broker shall always act in favour of company he shall represent, he shall communicate via a company e-mail on behalf of Metropolitan Estates.
8) Real estate broker has got responsibility in the process of dealing with real estate property, and therefore he constantly improves his expertise in all areas of real estate activities.
We shall process your real estate offer with professional expertise and care in the following steps:
Personal visit by the Metropolitan Estates´ representative in the property with an aim to become familiar with the property and its surroundings and in order to determine the technical condition of the property.
Consultation on the price of the real estate – recommendation of broker shall be based on his experience, condition of property and location, statistical data and current trends of development in the market (comparison with competitive offers in the market – detailed analysis).
Preparation of the property for sale / rental – “removal” of your personal items (family photos, etc.) that could interfere with ideas of the potential interested persons when considering their own living in your property is recommended, and of course cleanness and functional technical condition of the property.
Conclusion of Contract of service – brokerage. Our contracts are transparent, brief and comprehensive. They serve to confirm an oral agreement and to preserve of business terms clear. Client and their satisfaction belong among the primary interests of our Real Estate Agency, and contracts as well as commission are by-products.
Development of professional presentation – taking of professional photos of property and final treatment, review of the real estate documents, drawing up of property plan, development of brief and eloquent description of your property that shall serve for webpage and marketing promotion of your property.
Incorporation of your property into a database of offers, the so called “export” of offer to all available advertising portals including advertising abroad, on webpage of your Real estate agency and our social networks (Facebook, Instagram, etc.).
Work with your property offer – regular update of the offer (of the text and photos), including prioritising of your offer with regards to the other competitive ones, the so called topping, matching of your property offer with the client database of your agency – active regular offer. You shall be regularly informed about all steps by our broker!!!
Viewings – dates of all property viewings shall be tentatively agreed with both interested client and property owner and firmly confirmed immediately prior to the deadline, with the option to borrowing your property key on the basis of Hand-Over Protocol. Your participation on viewings is naturally not necessary, broker of your Real Estate Agency shall both make the deal easier and save your time. Viewings take place exclusively with interested clients who meet your requirements and financial terms of the deal.
Reservation of real estate by a suitable interested client: in case of appropriate and approved interested person our Real estate agency shall proceed with signing of the so called Reservation Agreement, whereby your property becomes obligatorily reserved and our Real estate agency gains time for preparation of all necessary contractual documents, so you can be confident that a suitable person interested in purchase / rental of property has been found.
Preparation of contractual documentation and its signing: from its commission our Real estate agency shall cover all costs for the contractual documentation preparation ( for RENTAL: Rental agreement / Sublease Agreement, Handover Protocol, forms for transfer of power supplies associated with transfer of property or right of use, Custodial agreements with Notary, development of application for entry of property to the respective Land Registry Office, the take-over certificate, forms for transfer of power supplies, etc.). All contractual documents shall be arranged by our Real estate agency via a reputable law firm that is ready to consult individual steps of immovable property transfer with you, or reply to your questions related to the contractual documentation. Prior to signing of any type of contract the draft shall be sent to the law firm for examination and respective amendments. To secure your comfort all signings of agreements on rental shall take place in our office.
Metropolitan estates reserves the right to change these general conditions without prior notice at any time by posting changes on the company’s website. These general terms and conditions are governed by and construed in accordance with the laws of the Slovak Republic.