GENERAL TERMS AND CONDITIONS
Applicable to real estate sale contract concluded with customers of “Century Homes” LTD
for services and activities at providing mediation of real estate deals with the purpose of leasing,
renting or managing of property
With these General terms and Conditions of the real estate contract with the users of the agency services, provided by CENTURY HOMES LTD with Unified Identification Code 104687201 and residential address: Veliko Tarnovo, 4 Rafael Mihaylov Street, also providing its services under the trademarks CENTURY HOMES and CITY RENT called in brief MEDIATOR, in these General Terms and Conditions (GTC) are defined the rights, the obligations and the liabilities of the parties to the contract, as well as the fulfillment of the agency real estate services with the purpose of leasing, renting or managing of property.
Art.1. User of the agency services, provided by the MEDIATOR could be any Bulgarian and foreign natural person, sole proprietor, local and foreign juridical person.
Art.2. Users of the agency services, provided by the MEDIATOR could get acquainted with the present General Terms and Conditions by employees of the MEDIATOR, in the offices of the MEDIATOR and published on its website/s.
Par.1. According to Art. 1 parties to the contract could also negotiate on other conditions for providing agency services, as they conclude an individual contract, integral part of which are the current GTC.
Par.2. Parties could also agree on clauses, different from the current General Terms and Conditions if they do not contravene the law. In case of rights and obligations settlement special clauses of the contract are applied, even if the respective clauses are not explicitly revoked.
Art.4. By signing the documents needed for the taking of the order, users agree that they are familiar with the content of the documents and agree with it, as well as they accept the current General Terms and Conditions and agree with their content. Signatures might be:
Par.1. Manually affixed signature on a paper copy of the documents.
Par.2. Electronic signature, affixed to an electronic version of the documents, without having to print them on a hard copy or in an electronic version, which is scanned and printed.
Art.5. For events and concepts not specified in the current GTC, the Law on Obligations and Contracts (LOC) and the Legislation of the Republic of Bulgaria is applied.
II. GENERAL INFORMATION
Art.6. The meaning of the terms below, used in the General Terms and Conditions, in the Agency agreements, concluded with the MEDIATOR’s customers and the other documents, used by the MEDIATOR concerning the fulfillment of the agency services in real estate deals is as follows:
Par.1. „CUSTOMER OF CENTURY HOMES LTD” is any Bulgarian or foreign natural person, sole proprietor, local and foreign juridical person, specified in the Record of preliminary inspection of the property or the related to it persons in the sense of the current General Terms and Conditions and persons, who are connected in the sense of items 1 to 5 from paragraph 1 from the Additional Regulations of The Trade Law, the persons who have attended the inspection of the property, organized by CENTURY HOMES LTD and have concluded individual agency agreements with Century Homes LTD or have received information from CENTURY HOMES LTD employees, when there is no agency agreement concluded with the latter.
Par.2. Under „AGENCY AGREEMENT” to be understood the Contract, through which the customers assign to CENTURY HOMES Ltd. and CENTURY HOMES Ltd. accepts to mediate in the fulfillment of a real estate deal, against a payment of commission.
Par.3. “FULFILLED MEDIATION” is available when with the assistance of CENTURY HOMES LTD has been made a deal upon an agency agreement with the respective customer.
Par.4. Under „COMMISSION” to be understood the negotiated payment under the terms of the
AGENCY AGREEMENT, for agency services provided and specified in the Commission contract between CENTURY HOMES LTD and the respective customer.
Par.5. „RECORD OF THE PRELIMINARY INSPECTION OF A REAL ESTATE” is an official document, an annex to the Agency agreement and certifying the date and time of the property inspection, which document contains basic individual characteristics of the property, personal data of the customers and the persons present at the inspection.
Par.6. „ACCOMPANYING PERSONS” – are all the persons, present at the inspection organized by CENTURY HOMES LTD, together and by request of the Mediator’s CUSTOMER.
Par.7. „INSPECTION OF A REAL ESTATE PROPERTY” has been organized by CENTURY HOMES Ltd., by request of the CUSTOMER, as the meeting is carried out on the territory of the real estate, for which the customer has received preliminary information by the MEDIATOR, as the purpose of the meeting is to make the customer familiar with the property characteristics and condition, closely related to the customer intentions for fulfillment of the respective agency service.
Par.8. „RELEASED CONTACT” has the meaning of a written notification sent from/to the post office, currier, notary or internet network to the MEDIATOR certifying the date and time of receiving/sending of the documents and/or the providing of information to the customer.
Par.9. ”Inventory of property and/or Inventory list of the belongings” are documents used by the MEDIATOR employees and containing basic information about the movable property and the furniture of the immovable property, subject of the Agency agreement and integral part of them.
Par.10. ”Inquiry card” is a document, in which employees of CENTURY HOMES Ltd. write data of the specific property, customer requirements and other information.
III. BASIC SITUATIONS
Art.7. In relation to the implementation of its agency service, as a mediator in real estate deals, CENTURY HOMES Ltd. concludes agency agreements with its customers in real estate deals with the purpose of the property leasing/renting or managing.
Par.1. CENTURY HOMES Ltd. has been indicated as a MEDIATOR and the customer as a CONTRACTING AUTHORITY in the agency agreements. These contracts have been prepared in Bulgarian and/or in another language, familiar to the customer.
Par.2. If the agency agreement has been prepared in Bulgarian and in another language, familiar to the customer, and some differences in the text have been established or some disagreements concerning the implementation of the content arise, the Bulgarian text and the copy of CENTURY HOMES is applied and considered for authentic. This rule is in force for all annexes, agreements, protocols and other documents, connected with the Agency agreement.
Par.3. These General terms and conditions settle the rights and obligations of CENTURY HOMES Ltd. with its customers in its quality of Mediator concerning the conclusion of real estate deals with the purpose of leasing, renting and managing of property and the fulfillment of services and activities, connected with them.
Par.4. The current General terms and conditions are part of an agency agreement, which explicitly base on them and the customer confirms that he/she is familiar with them and accepts them.
Par.5. THE CONTRACTING AUTHORITY (the customer) and the MEDIATOR could also come to an agreement about clauses, different from the Terms and Conditions if they do not contravene the law. In such cases the special clauses of the contract are applied even if the respective clauses in the General Terms and Conditions are not explicitly revoked.
IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING AUTHORITY
Par.1. When concluding agency agreement for real estate, THE CONTRACTING AUTHORITY is entitled to provide the MEDIATOR with the whole necessary information and documentation in the form and condition allowing the legal implementation of the respective agreement.
Par.2. THE CONTRACTING AUTHORITY is obliged to assist the MEDIATOR in the implementation of its contract obligations.
Par.3. After termination or expiry of the term of the agency agreement, the CONTRACTING AUTHORITY may not enter into any kind of contract with “A CUSTOMER OF CENTURY HOMES” Ltd. who has performed an inspection of the property with the agency service of CENTURY HOMES Ltd. for 6(six) months, and if such has been concluded with A CUSTOMER OF CENTURY HOMES Ltd., then the CONTRACTING AUTHORITY owes a commission in double amount for fulfilled agency service.
Par.1. With the conclusion of the individual agency agreement, THE CONTRACTING AUTHORITY, or his attorney is obliged to provide correct and authentic information for the property/properties, subject of the agency service.
Par.2. THE CONTRACTING AUTHORITY who has signed the Agency agreement declares that he/she is owner of the property and acts with the consent of the other owners, (or if he/she is not the owner, he/she has a valid power of attorney for the conclusion of this agreement and it is not invalid or revoked), that all of the other owners agree with the property leasing, that the property has the necessary documents of title, as well as the property is free of encumbrances (mortgages, foreclosures, statements of claim, established property rights, etc.), except for explicitly mentioned such in the agency agreement and that there are no objective reasons that might hinder the fulfillment of the agency service.
Par.3. If the CONTRACTING AUTHORITY under the agency agreement or some of the Contracting Authorities acts through attorney, the parties to the concluded contract and the attorney accept that the obligation for the payment under the contract as well as the obligations for the payment of compensation, interest and/or penalty, provided in the General Terms and Conditions appear solidary to the Attorney as well as to the CONTRACTING AUTHORITY.
Par.4. THE CONTRACTING AUTHORITY is responsible for the authenticity of the provided b y him and deposited by the MEDIATOR documents. If the MEDIATOR establishes irregularities in the form and content of the provided documents, the MEDIATOR immediately informs the CONTRACTING AUTHORITY and instructs him to remove them in a reasonable time. If the CONTRACTING AUTHORITY does not remove the irregularities in term and this leads to impossibility for fulfillment of the deal, the customer bears the whole liability and the consequences arising from it. THE CONTRACTING AUTHORITY is obliged to provide paper copies of all documents of title and/or power of attorney, which allow him/her to conclude agency agreement in the sense of these GCT.
Art.10. THE CONTRACTING AUTHORITY is entitled to withdraw the fulfillment of the deal, no later than the previous day of the deal conclusion by the MEDIATOR, if he/she has not assumed an obligation to a third party in the fulfillment of the respective agreement and the withdrawal does not cause any damages. In this case the customer shall pay the MEDIATOR the agreed commission for the performed by him actions. The performed actions till the moment of the agreement withdrawal oblige the customer.
Art.11. THE CONTRACTING AUTHORITY is entitled to receive timely, accurate and full information about the agency service.
Par.1. THE CONTRACTING AUTHORITY is entitled to perform his/her obligations conscientiously-he/she bears the whole liability for the authenticity of the provided by him/her information, his/her actions, filled declarations and the accuracy of the data provided by him/her.
Par.2. THE CONTRACTING AUTHORITY is entitled immediately to inform the MEDIATOR in written text for any changes in his/her legal status if he/she is a juridical person and if he/she is a natural person respectively – address, telephone and e-mail, as well as for changes of the persons which he/she represents or is authorized to act on his/her behalf and at his/her expense.
Par.1. THE CONTRACTING AUTHORITY is entitled to pay the MEDIATOR a commission for each fulfilled brokerage deal and/or service by the terms and conditions, negotiated in the individual contract between the parties.
Par.2. In case of “fulfilled agency service” between the MEDIATOR customers and without his knowledge, evading the MEDIATOR, no matter how, the CUSTOMER owes the MEDIATOR a penalty, amounting to the double value of the commission indicated in the contract.
Par.3. The payment in due course shall be paid on the day or within 3 (three) days after the fulfillment of the order unless there is another arrangement in the agency agreement. If THE CONTRACTING AUTHORITY delays the payment of the commission under the agency agreement, he/she owes an interest in the amount of 0.5% for each day overdue.
Par.4. In the cases when THE CONTRACTING AUTHORITIES upon the concluded contract are more than one, their obligations upon the contract (including the payment of the commission, penalty and interest) are solidary.
V. RIGHTS AND OBLIGATIONS OF THE MEDIATOR
Art.14. CENTURY HOMES Ltd. is entitled to compensation for every FULFILLED AGENCY SERVICE, as well as for each additionally performed actions and administrative services.
Par.1. Terms and conditions between THE CONTRACTING AUTHORITY and THE MEDIATOR are defined in the specific agency agreement taking into consideration the different type of agency services in real estate deals.
Par.2. CENTURY HOMES Ltd. may conclude agency agreements with its customers as well as the related with them annexes and other documents, related to the fulfillment of the agency service from a distance, using e-mail, courier, parcel post or fax. In that case for the date of the contract (document) conclusion is considered the date of the document sending. The document comes into force from the date of receiving a scanned copy, signed by the other party, sent by THE CONTRACTING AUTHORITY in any of the above mentioned ways.
Art.16. THE MEDIATOR is entitled to keep the commercial secrets of his customers, as well as to keep confidentiality in each deal.
Art.17. THE MEDIATOR must treat his customers equally and fairly.
Par.1. THE MEDIATOR requires from his customers and respectively from their attorneys to declare whether:
p.1. The respective property is not free of liens and encumbrances
p.2. The property is under process or there are third-party rights as well as other charges towards the respective power transmission companies or Water and Sewerage company and whether the property is co-ownership.
Par.2. The real estate/s shall suit/s certain requirements. These requirements should be noted in the Annex, integral part of the individual Agency agreement with the customer, as he/she agrees with them and is obliged to follow.
Par.3. THE MEDIATOR bears no liability for the illegal actions of third parties which may and/or harm the customer’s interest. In his quality of a MEDIATOR of real estate deals CENTURY HOMES Ltd. takes part as a party-guarantor in concluding rental contract for real estate.
Par.4. As a MEDIATOR under the concluded contracts CENTURY HOMES Ltd. guarantees that the will of the parties about the conclusion of a Real Estate Rental contract at the moment of its conclusion is not violated and the will in the content of the signed documents totally corresponds to the factual relationships between the parties.
Par.5. CENTURY HOMES Ltd. with a view of its competence of a MEDIATOR undertakes the obligation to co-operate the parties in finding mutually beneficial solutions to disputes and controversies arisen but cannot guarantee the fulfillment of the undertaken by the parties obligations under the concluded contracts and to be responsible for their non-compliance.
Art.19. CENTURY HOMES Ltd. might refuse to conclude an agency agreement or to terminate it in the following occasions:
p.1. If the requirements set by the CONTRACTING AUTHORITY contravene the negotiated arrangements under the Agency agreement and these General Terms and Conditions;
p.2. If the requirements set by the CONTRACTING AUTHORITY are not consistent with the market conditions;
p.3. If the CONTRACTING AUTHORITY shows incorrect or disrespectful attitude towards CENTURY HOMES Ltd. employee/s.
Art.20. THE MEDIATOR organizes and arranges inspections of properties with customers after concluding an agency agreement. Before carrying out the inspections THE MEDIATOR informs its customers for the arranged inspections, the date and time of the inspection.
Art.21. For carrying out the arranged by the MEDIATOR property inspections a Record/s of the preliminary inspection/s of real estate has been prepared. The Record of the preliminary inspection is an integral part of the Agency agreement and documents the following factual relations and circumstances, essential for releasing the subject of the Agency agreement:
p.1. By signing the Inspection Record, THE CONTRACTING AUTHORITY confirms that the property/s, subject of the inspection has/have been shown by the MEDIATOR.
p.2. By signing the Inspection Record, THE CONTRACTING AUTHORITY confirms that the potential tenant/s is/are brought to an inspection of the respective property by the MEDIATOR.
p.3. In cases when THE CONTRACTING AUTHORITY upon the concluded Agency agreement, does not personally present to the inspection or has not send an attorney, the inspection record shall be signed by the MEDIATOR representative (the agent) which is considered substantial for the documenting and proving of the inspection.
p.4. The discrepancy in the description of the property according to the document of title, the Agency agreement and the description written in the Inspection Record cannot be a ground for contravening the documented through the Record facts and circumstances proving the showing of the property and/or the providing of a customer by the MEDIATOR.
V². ADDITIONAL REGULATIONS
Par.1. For establishing and proving the commercial relationships and/or the status or the relations regarding the Providing of information between the CONTRACTING AUTHORITY and the MEDIATOR, could be used the Agency agreements, the Rental contracts between customers of CENTURY HOMES Ltd., the Preliminary contracts, the Agreements and the Reservations for purchases, as well as all other documents used in the fulfillment of the agency service.
Par.2. For establishing and proving the commercial relationships, the parties accept the written correspondence, the electronic correspondence (e-mail) between CENTURY HOMES Ltd. and the CONTRACTING AUTHORITY, customers identification by IP address, receipts and other documentation expressing the will and consent of the parties for the conclusion of the contract, concerning the provided by CENTURY HOMES Ltd. services.
Art.23. All disagreements, arising between the parties about the Agency agreements and/or the General Terms and Conditions including disagreements, caused by or concerning its interpretation, invalidity, implementation or termination, as well as disagreements about the filling up of any addenda in the Agency agreements or other contracts concerning the services of CENTURY HOMES, documents and/or these General Terms and Conditions will be settled by The Arbitration Court at The Bulgarian Chamber of Trade and Industry in compliance with its Case Regulation, based on arbitration agreements.
Art.24. The current General Terms and Conditions are exposed in CENTURY HOMES Ltd. offices and published on the official internet websites of CENTURY HOMES Ltd. – www.ch-eu.coma>, www.cityrent.bga>
Art.25. The current General Terms and Conditions have been approved and come to force from 15.02.2013, any changes or additions will be published according to the regulations of the particle above.