Informative Notice
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Real estate agency services
Real estate agency services involve the performance of the registered gainful activity of agent services in trading with real estate. Individual agency services in real estate trading comprise all activities in the establishment of contacts between the client and a third party, as well as in negotiations and preparations for concluding legal trades, the subject of which is real property, i.e. purchase, sales, rent, lease or any other contract for a predetermined real estate.
Real estate agency services are performed by a real estate company with at least one real estate agency who is registered in the register of real estate agents, and whose liability for damages that could emerge in providing agency services in real estate trading is insured.
Applies for SKD:
- Real estate agencies L68.310
Conditions
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Applicants who wish to pursue this activity must register the business activity, and have the appropriate legal status.
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A real estate agent is a natural person who performs trading for a real estate agency on the basis of an employment contract or any other legal basis, and has a licence issued by the competent ministry, namely for the performance of real estate agency services, which is entered in the register of real estate agents at the competent ministry.
The competent ministry issues a licence to perform real estate trading services and also a real estate agent card to an individual who is entered in the register of real estate agents. Until the licence and card are issued, the individual can present the status of real estate agent with a confirmation issued by the competent ministry.
A real estate agent is obliged to attend additional training every five years or when the regulations that need to be known within the scope of the professional examination for a real estate agent are modified.
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Prior to the initiation of real estate services, a real estate company must be insured, and during the entire period of performing real estate agent services, it must insure liability for damages which could emerge to a client or any third party due a violation of the contract on real estate agent services in the territory of the Republic of Slovenia. The insurance sum may be not less than EUR 150,000 for each individual insurance case, or EUR 350,000 for all insurance cases for each individual year.
Legal basis
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By signing a contract on real estate services, the real estate company is obliged to find and make contact between the client and a third person that will negotiate with the client to conclude a specific contract the subject of which is real property; the client is obliged to pay the real estate company a fee for mediation if a contract is concluded.
The contract on real estate services which has to be concluded between a real estate company and the client must contain the following information:
- name and surname of the real estate agent who will perform real estate services;
- the agent's licence number and reference number of the entry in the real estate agents register;
- the services fee;
- the name of the insurance company, insurance policy number and the insurance sum for insuring the liability of the real estate company;
- the description of costs for services;
- the type and amount of possible additionally ordered services and costs;
- the right to real estate services fee payment;
- the amount of services fee when the client finds a third person without the real estate agent's mediation and concludes a contract with such person;
- framework bidding price for each type of real estate which is the subject of mediation excluding taxes and the payment of services fee;
- the description of real property subject to real estate services;
- validity of contract.
The real estate company, prior to concluding a contract on real estate services, must submit to the client a copy of general business conditions and enable the client to be informed on the conditions.
Evidence
Concluded contract on real estate services - original
Legal basis
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A real estate company, prior to concluding a contract on real estate services, must submit to the client a copy of general business conditions and enable the client to be informed on the conditions.
The real estate company must enable all clients access to general business conditions, i.e. by displaying the conditions in each room where business is conducted with clients.
The real estate company must specify the general conditions for the provision of real estate services, which must contain:
- the description of services which the real estate company is obliged to perform;
- the provision that the payment of the real estate services fee also covers the costs of performing actions in establishing contacts for the client, verifying the condition of real property, and in negotiations as well as preparations for the conclusion of legal trades that are required for concluding a contract for specific real property, including costs for the following actions:
- concluding a contract on real estate service;
- informing the client and third persons on the market situation and relations that are relevant to determining the price of real property, the contents of regulations relevant to the valid conclusion of a real estate services contract,
- the tax obligations of the client and the prices of notary services;
- establishing the legal condition of real property by acquiring documents on real property, contracts and similar;
- written warnings, notifications and confirmations;
- visit to real property after concluding the contract on real estate services;
- advertising the sale of real property in public media or in any other manner;
- presenting real property to the client and establishing contact between the client and a third person;
- presence during a client's visit to real property;
- establishing the condition of real property;
- informing the client on the established legal and current condition of real property and providing reliable warnings regarding established faults;
- telephone communication with clients;
- cooperation in negotiations for the conclusion of a real estate trade.
- The type and amount of costs if other services are performed by the real estate company in relation to the trade that is the subject of real estate services.
Evidence
Document: General business conditions: a copy is attached to each contract on real estate services and presented in the real estate company's premises.
Legal basis
Cross-border/temporary provisions of activity
A real estate agency can start its activities in real estate brokerage if:
1. it employes (on the basis of employment contract or other legal basis) one or more real estate agents;
2. has insured liability in accordance with the provisions of the act regulating real estate agencies
A real estate company with its registered office in the Member States of the European Union, the European Economic Area, the Swiss Confederation or with its registered office in a country with which an agreement on mutual recognition of professional qualifications has been concluded, can perform real estate brokerage activities in the Republic of Slovenia in all statutory forms, provided that it meets the conditions for the lawful performance of the activity in the country of establishment.
A real estate company from a country not established in the Contracting States (third countries) can start with activity of real estate brokerage in the Republic of Slovenia provided that the condition of material reciprocity is met. If the real estate company has its registered office in several third countries, the rule of law of the country which is most stringent shall be taken into account in determining material reciprocity.