General terms of business for real estate brokerage

Valid from: 12. 10. 2026

The real estate company MOJFLET d.o.o., Hudourniška pot 2, 1000 Ljubljana, represented by its director Edis Bekonjič, adopts these general terms of business for brokerage in real estate transactions in accordance with the Slovenian Real Estate Brokerage Act (ZNPosr-UPB1, Official Gazette of the Republic of Slovenia No. 72/2006 as amended, hereinafter: ZNPosr). This English text is a courtesy translation; in the event of any discrepancy the Slovenian version prevails.

Introductory provisions

These general terms of business form an integral part of every real estate brokerage contract concluded between the real estate company and the client. The provisions of these general terms apply directly to the relationship between the real estate company and the client. If the brokerage contract contains provisions that conflict with these terms, the provisions of the contract prevail.

Meaning of terms used in the general terms

The real estate company is MOJFLET d.o.o., Hudourniška pot 2, 1000 Ljubljana, registration number 8702675000, which provides real estate brokerage services.

A real estate agent (hereinafter: the agent) is a natural person who performs brokerage for the real estate company on the basis of an employment contract or another legal basis, holds a licence from the competent ministry to perform brokerage in accordance with the law and is entered in the register of real estate agents kept by the competent ministry.

Real estate brokerage means carrying out the registered commercial activity of brokerage in real estate transactions, whereby individual brokerage transactions include all activities in establishing contact between the client and a third party and in negotiating and preparing the conclusion of legal transactions concerning a specific property, such as a purchase, sale, rental, lease or other contract for a specific property.

The client is a natural or legal person who concludes a brokerage contract with the real estate company and for whom the real estate company provides real estate brokerage services.

A third party is a person whom the agent seeks to bring into contact with the client so that they negotiate the conclusion of a specific contract concerning a property.

The client's close family members are the client's spouse or the person with whom the client lives in a cohabitation relationship in accordance with the regulations on marriage and family relations, their children or adopted children, parents and adoptive parents, and persons whom the client is legally obliged to support.

A brokerage contract is a written contract by which the real estate company undertakes to endeavour to find and bring into contact with the client a person who will negotiate with the client the conclusion of a specific contract concerning a property, and the client undertakes to pay the real estate company a commission for the brokerage if the contract is concluded.

Commission is the payment for brokerage specified in the brokerage contract.

Brokerage services

The real estate company provides brokerage services for: the sale or purchase of a property, letting, renting, leasing or other contracts concerning a property. These brokerage services include in particular the following tasks, which the real estate company performs for the client if and to the extent required by the circumstances of the individual transaction:

  • acceptance of an order for brokerage in legal transactions concerning a specific property, such as a purchase, sale, rental, lease or other contract for a specific property;
  • verification of the client's identity by inspection of an identity document and public records;
  • obtaining contact details of the client for the purpose of bringing them into contact with a third party (name/company name, address/registered office, phone, email, etc.);
  • obtaining personal or identification data of the client or third party for the preparation of the contract concerning the property (name/company name, address/registered office, registration and tax number, personal or transaction account number);
  • preparation of the real estate brokerage contract specifying the scope of brokerage services, the proposed amount of the brokerage fee, payment terms and other elements in accordance with the law governing real estate brokerage;
  • market research and explanation to the client and third party of the market conditions relevant to determining the price of the property or rent;
  • informing the client and third party of the content of the regulations relevant to the valid conclusion of the contract being brokered;
  • informing the client and third party of the amount and type of tax obligations, any notary costs, land registry entry costs and any other costs connected with the conclusion of the contract;
  • establishing the actual condition of the property by a careful inspection of the property;
  • establishing the IT, telecommunication and utility connections of the property, inspecting the surroundings and establishing other characteristics of the property;
  • establishing the legal status of the property on the basis of data from official records and public registers (in particular the land register, land cadastre and building cadastre) or documents proving the existence of ownership, other rights in rem and contractual rights and other legal facts;
  • informing the client and third parties in writing of obvious material defects found in the inspection of the actual and legal condition of the property;
  • informing the client and third party of the risks arising from an unsettled legal status of the property, in particular third-party rights to the property, public-law restrictions, etc.;
  • preparation of an appropriate advertising strategy and standard advertising of the property;
  • familiarising the third party with the property and its key characteristics, organising and conducting viewings in the presence of the client, organising meetings between the client and third party, passing on the contact details specified in the brokerage contract by the person concerned to the third party or client when both show serious interest in negotiating the conclusion of a contract concerning the property;
  • ongoing and up-to-date communication by phone, in writing and online with the client and third parties, and ongoing information to the client about the brokerage services performed;
  • participation in negotiations for the conclusion of the contract being brokered;
  • protection of the client's interests in accordance with the Real Estate Brokerage Act;
  • safekeeping of items entrusted by the client and third party, for example original documents and keys, until the intended transaction is concluded (and, where the client and third party so agree, also after the conclusion of the transaction, for example until the obligations under the concluded transaction are fully performed).

After written notice from the real estate company of contact made with a third party, the client must, within three working days of that notice, inform the real estate company in writing that a competing real estate company had previously brought them into contact with the same person. Otherwise it is deemed that the real estate company brought the client into contact with the third party.

The real estate company must perform for the client those of the above tasks that are necessary to carry out the legal transaction that is the subject of the brokerage contract.

The tasks listed in this article are included in the brokerage price. If the client performs any of these tasks themselves or they are unnecessary, the commission is not reduced. At the client's request the real estate company may perform additional tasks that are not included in the brokerage commission and which the client pays separately according to the real estate company's current price list.

The brokerage fee does not include the costs of: notary services; taxes; fees for certificates and permits required for the valid conclusion of the contract; assistance in regularising the land register status if the property is not yet entered in the land register or the seller is not yet registered as owner; assistance in regularising an unsettled cadastral status; court and administrative fees paid to obtain land register extracts; a lawyer; valuers and experts; location information; map copies and other required documents; those tasks of the real estate company not listed in the first paragraph of this article; and special or unusual costs arising in the course of the real estate company's work.

Service prices are set out in the real estate company's current price list. The real estate company is entitled to payment for services performed even if the contract concerning the property was not concluded.

Brokerage fee

The amount of the brokerage fee is agreed between the real estate company and the client in the brokerage contract. In the case of a purchase or sale of the same property, the brokerage fee is at most 4 % of the contract price and at least EUR 400.00 where the contract price of the property is below EUR 10,000.00. The brokerage fee does not include value added tax (VAT), so VAT is added to the brokerage fee on invoicing.

In the case of renting or letting the same property, the brokerage fee is at most 4 % of the contract value, but not more than one month's rent and not less than EUR 150.00. The contract value in the previous sentence is the monthly rent multiplied by the number of months for which the property is let. The brokerage fee does not include VAT, so VAT is added to the brokerage fee on invoicing.

The real estate company acquires the right to the brokerage fee when the contract in whose conclusion it brokered is concluded. The real estate company may not demand even partial payment of the brokerage fee before the conclusion of the contract concerning the property. The real estate company invoices the brokerage fee to the client on the basis of the concluded brokerage contract. The real estate company is entitled to full payment even if the client or third party later withdraws from the already concluded contract concerning the property.

The real estate company is entitled to reimbursement of costs where the client finds the third party with whom they conclude the contract that was the subject of brokerage themselves. The costs referred to in the previous sentence must be based on tasks already performed and may not exceed EUR 150.00 + VAT (22 %). If the third party is a close family member of the client, the client must pay the contractually agreed brokerage fee in full.

The real estate company is also entitled to the brokerage fee where the client or their close family member concludes a contract concerning the property with a third party with whom the real estate company brought the client into contact, and that contract was concluded within six months after termination of the brokerage contract.

Exclusive brokerage

If the client and the real estate company conclude an exclusive brokerage contract for a specific property, the client may not, during the term of the contract and in relation to the same property, conclude a brokerage contract with a competing real estate company or advertise or sell the same property through any third party. By agreement with the client the real estate company may transfer the brokerage services to other real estate companies. In the event of a transfer of brokerage services to another real estate company, the client remains in a contractual relationship only with the real estate company with which they concluded the brokerage contract, and the real estate company must give the client a list of the real estate companies to which it transfers the order.

Obligations of the real estate company and the agent

In providing brokerage services the real estate company and the agent have the following obligations:

  • to conclude a written brokerage contract with the content specified in Article 13(4) ZNPosr;
  • to act with the diligence of a good professional (Article 14(1) ZNPosr);
  • to advertise the sale of the property in public media and in other permitted ways in accordance with Article 16 ZNPosr;
  • to inform the client appropriately of all circumstances relevant to the conclusion of a real estate contract (Article 17 ZNPosr);
  • when providing brokerage services, to protect equally the interests of both the client and the third party with whom it brought the client into contact, and to act impartially, except where, on the basis of an express agreement with the client, it represents only the client's interests – of which it must clearly warn the third party with whom it brought the client into contact (Article 20 ZNPosr);
  • to warn the client clearly and in writing of any conflicts between the client's interests and the interests of the real estate company or other clients (Article 21 ZNPosr);
  • to check the actual and legal condition of the property being brokered and to warn the contracting parties clearly and comprehensibly in writing of any legal or material defects of the property (Article 23 ZNPosr);
  • to keep records of real estate brokerage (Article 27(1) ZNPosr);
  • the real estate company is liable for damage caused through its fault to either party between whom it brokered, and must therefore insure its liability for damage (Article 6 ZNPosr).

Obligations of the client

The client is obliged to inform the real estate company in accordance with ZNPosr of any change in their interests (sale price, date of vacant possession, etc.) and of any change in the actual or legal condition of the property, no later than eight days after the change.

The client must provide the real estate company with all available documentation relating to the property being brokered (in particular proof of ownership, contracts, building permit and other documents).

The client guarantees the truthfulness, accuracy and completeness of the data and documentation provided.

If the client also markets the property themselves or through competing real estate companies, they will market it under the same conditions as agreed in the brokerage contract.

If the client, themselves or through a competing real estate company, finds a third party with whom they conclude a contract or preliminary contract concerning the property, they will immediately, and no later than eight days after the conclusion of such contract or preliminary contract, inform the real estate company in writing and provide it with a copy of the contract.

The client must compensate the real estate company for all damage incurred by the real estate company as a result of the client's breach of contractual obligations. The following conduct of the client in particular is deemed a serious breach of the brokerage contract:

  • the client prevents the real estate company from conducting viewings of the property without justified reasons;
  • the client breaches the exclusivity agreement in the brokerage contract;
  • the client markets the property themselves or through other real estate companies under more favourable conditions than agreed in the brokerage contract;
  • the client fails to inform the real estate company, or fails to do so in time, of the conclusion of a contract or preliminary contract concerning the property with a third party they found themselves, or fails to provide, or fails to provide in time, a copy of the contract concerning the property;
  • the client, contrary to good faith and fair dealing, does not enter into negotiations for the conclusion of the contract or refuses without justified reason to conclude the contract concerning the property with a third party with whom the real estate company brought them into contact;
  • the client passes on to third parties information and data that are confidential and constitute a business secret.

Fiduciary account

The real estate company may accept money from the client or third party for safekeeping in connection with the performance of the contract concerning the property if it has a fiduciary account agreement with a bank and if the client or third party authorises it to do so in writing.

Term and termination of the contract

The brokerage contract is concluded for a fixed term of nine months, which may be extended by mutual agreement. The real estate company is responsible for timely notice of the expiry of the contract. If the contract expires and the real estate company does not invite the client to conclude a new contract, the client has no obligation to the real estate company to conclude a new contract.

During the term of the contract the client and the real estate company may revoke or terminate the brokerage contract by written statement, provided this is not contrary to good faith and fair dealing. The revocation or termination, stating the reasons, must be in writing and sent by registered post, and takes effect when received by the other party. The client and the real estate company may also terminate the contract by mutual agreement. The agreement must be in writing and must also include a provision on the settlement of outstanding obligations.

If the client revokes the brokerage contract during its term contrary to good faith and fair dealing, or does not wish to conclude a contract with a person introduced by the real estate company under the conditions previously communicated to the company, the client must pay the real estate company the full agreed commission, unless the contract was revoked due to force majeure or objective reasons preventing the client from carrying out the legal transaction that is the subject of the brokerage contract and which arose after the conclusion of the brokerage contract. In that case the client must pay the real estate company the actual costs according to the company's current price list and the proven damage caused to it by the revocation of the contract.

If the brokerage contract is terminated by the real estate company and the termination is contrary to good faith and fair dealing, or if the client revokes the contract because of conduct of the agent contrary to good faith and fair dealing, the real estate company must compensate the client for the proven damage caused by the termination of the contract.

In the event of revocation or termination of the brokerage contract, the real estate company must return to the client all documents and other items that the client previously handed over to the real estate company.

Validity of the general terms of business

By signing the real estate brokerage contract the client declares that, before signing it, they were acquainted with the provisions of these general terms, since before concluding each real estate brokerage contract the real estate company gives the client a copy of the general terms of business and enables them to become acquainted with their content.

If the real estate brokerage contract contains provisions that are inconsistent with these general terms of business, the provisions of the brokerage contract prevail.

If the general terms are amended after the conclusion of the brokerage contract, the general terms of business in force at the time of conclusion of the contract apply, unless the contracting parties agree otherwise in writing.

Final provisions

Any disputes arising from or in connection with the brokerage contract will be resolved by the contracting parties amicably. If an amicable resolution is not possible, the court in Ljubljana has jurisdiction in the case of consumer contracts.

If an amicable resolution is not possible, in the case of contracts between business entities the parties agree that any disagreement, dispute or claim arising from or in connection with this contract, or arising from its breach, termination or invalidity, will be finally resolved by a panel of three arbitrators or a sole arbitrator appointed under the Rules of Arbitration of the Permanent Arbitration at the Chamber of Commerce and Industry of Slovenia.

The general terms apply from the date of their issue. They remain in force until the real estate company amends them, replaces them with new ones or repeals them, where this is in accordance with the applicable regulations. If the general terms are amended after the conclusion of the brokerage contract, the general terms in force at the time of conclusion of the contract apply, unless the contracting parties agree otherwise in writing. The general terms currently in force are displayed in a visible place at the real estate company's premises and at www.mojflet.si.