GENERAL TERMS AND CONDITIONS valid from 6-th April 2025

Real estate agency under the brand "RK REALIŤÁCI":

• Business name: RKR & Partners s. r. o.

• Registered office: Ľubochnianska 4, 831 04 Bratislava – Nové Mesto

• Company ID (IČO): 56 643 101, Tax ID (DIČ): 2122376674

• The company is registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 183407/B

• Acting on behalf of the company: Ing. Lucia Krivičková – Managing Director

• Bank details: VÚB, a.s., IBAN: SK27 0200 0000 0050 7809 1857

• Mobile: +421 901 711 017

• E-mail: krivickova@rkrealitaci.sk

• Website: www.rkrealitaci.sk

(hereinafter referred to as the "real estate agency")

is a legal entity engaged in real estate activities within its business scope, i.e. mediation of purchase, sale, and lease of real estate, operating under the unified brand "RK REALIŤÁCI". For the purpose of continuous improvement of the services provided, the real estate agency has adopted these General Terms and Conditions of RK REALIŤÁCI (hereinafter referred to as the "GTC"), which set out the rules of the agency's activities in mediating the purchase, sale, and lease of real estate, so that, based on the client's instructions, the agency exercises professional care in order to achieve maximum satisfaction of its clients as well as those interested in the purchase, sale, or lease of real estate.

The real estate agency has developed a security (GDPR) project for the protection of clients' personal data in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data. Furthermore, it has prepared a program of its own activities focused on the prevention of money laundering and terrorist financing.

Legal Relationship between the Real Estate Agency and the Client

The real estate agency carries out brokerage activities for the client who is interested in mediating the purchase, sale, or lease of real estate (hereinafter referred to as the "client") on the basis of a Real Estate Services Agreement (hereinafter referred to as the "brokerage agreement").

A client is understood to mean any natural or legal person to whom the real estate agency provides real estate services as a broker under a brokerage agreement.

The brokerage agreement is concluded, and the rights and obligations of the contracting parties under the brokerage agreement, which are not expressly regulated in the brokerage agreement, are governed in accordance with § 774 et seq. of Act No. 40/1964 Coll. of the Civil Code, as amended (if the participant of the brokerage agreement is a consumer), or in accordance with § 262 of Act No. 513/1991 Coll. of the Commercial Code, as amended (if the participant of the brokerage agreement is a business entity).

These GTC regulate the rights and obligations of the real estate agency and its clients in the provision of real estate services, in particular mediation of the sale, purchase, lease, and sublease of real estate.

The real estate agency performs brokerage activities with professional care and in accordance with the provisions of the brokerage agreement, with the relevant legal regulations, as well as with these GTC, the Code of Ethics, and other internal regulations of RK REALIŤÁCI.

Under the brokerage agreement, the real estate agency undertakes to carry out activities for the client so that the client has the opportunity to conclude a purchase contract or a future purchase contract, or a lease agreement with a third party – an interested buyer or tenant – in return for a fee agreed in the brokerage agreement, which the client undertakes to pay to the real estate agency, with the aim of achieving maximum client satisfaction.

A purchase contract is understood to mean a contract on the transfer of ownership of real estate (purchase contract), or another alienation contract on the transfer of ownership of real estate (e.g. donation agreement, exchange agreement, co-ownership settlement agreement, etc.), as well as a contract on the conclusion of a future purchase contract or another future alienation contract for the transfer of real estate (hereinafter also referred to as the "purchase contract").

The scope of services of the real estate agency under the brokerage agreement includes: inspection of the property and recommendation of the purchase price/rental amount; advertising on the website www.rkrealitaci.sk(hereinafter referred to as the "RK REALIŤÁCI website"); providing information regarding property promotion, placement of banners; obtaining an extract from the Land Registry and cadastral map; arranging property viewings with clients; concluding a reservation fee agreement with the buyer and receiving the reservation fee; organizing necessary negotiations of the contracting parties required for concluding an agreement on notarial escrow, bank escrow, future purchase contract, and purchase/lease agreement; preparation of standard contractual documentation (future purchase agreement, purchase/lease agreement, proposal for registration of ownership rights in the Land Registry); organization of contract signing, including ensuring signature verification; submission of the ownership transfer proposal to the Land Registry, including provision of fees; handover of the property including meter readings and preparation of a handover protocol.

In case of the client's request, at the client's expense, the real estate agency also arranges mediation of additional services (e.g. moving services, expert appraisal, surveyor, mortgage advisor, etc.).

A sales partner or real estate agent is an independent business entity and, based on a cooperation agreement and authorization from the real estate agency, provides services to clients on behalf of and for the account of the real estate agency.

The real estate agency is not liable to the client for the fulfilment of obligations of third parties (e.g. interested buyers, purchasers/tenants/subtenants) arising from concluded contractual relationships.

The real estate agency is obliged to make reasonable efforts, which can fairly be required, to verify the accuracy and completeness of information provided by clients or third parties (buyers, interested buyers) and which it provides to third parties. In case of compliance with this obligation, it is not liable for damage caused by the inaccuracy or incompleteness of information obtained from clients or third parties.

The real estate agency, nor its sales partners and real estate agents, are liable for damage arising if the client concealed or provided false or incorrect information regarding the legal and/or factual status of the property.

Property Viewing and Reservation

Property Viewing and Reservation

1. If the client expresses interest in mediating the sale or lease of a property that he/she owns, the real estate agency will conduct a viewing of the property at the signing of the brokerage agreement.

2. During the property viewing – i.e. intake of the property into the agency's offer – the real estate agency will inform the client about the essential rules for securing the sale of the property through the agency.

3. The real estate agency will ensure that an interested buyer who expresses interest in concluding a purchase or lease agreement for a property offered by the agency has access to the property for the purpose of viewing.

4. Access to the property will be arranged by the real estate agency in agreement with the property owner as well as the interested buyer or tenant.

5. Towards its clients who are property owners whose sale or lease the agency mediates, the real estate agency will ensure that no damage is caused to the property during the viewing.

6. The real estate agency will make a record of the viewing, which includes in particular: specification of the property, its location and area, description of individual parts of the property, description of the property's accessories, description of deficiencies or defects found during the viewing, the selling price, rent, the amount of the agency's fee (commission), etc.

7. The real estate agency always conducts the viewing in cooperation with the property owner.

8. During the viewing, the agency will take photographic documentation of the property. All published photos, floor plans, and texts are the property of the real estate agency and may not be copied without the agency's written consent. The price for violation regarding one property is fixed at EUR 3,000 (in words: three thousand euros).

9. If a potential buyer has serious interest, the property can be reserved and not offered further until the signing of the purchase contract, provided that the potential buyer pays a reservation fee to the property owner, or, on behalf of the owner, to the real estate agency's account (if the term "blocking deposit" is used in the agency's documents or in the future purchase contract/purchase contract, it is understood as the "reservation fee").

10. The reservation fee is included in the purchase price of the property as specified in the purchase contract. The real estate agency, without undue delay after the signing of the future purchase contract, informs the client about the payment of the reservation fee by the buyer, and the client hereby authorizes the agency to receive and hold the reservation fee.
    

Professional Care

1. The real estate agency performs brokerage activities for the client aimed at concluding a future purchase contract, purchase contract, or lease agreement with professional care.

2. Within the scope of professional care, the real estate agency verifies the ownership right of the person who is the seller or landlord of the property, in particular from the relevant title deed and by presenting the owner's identity card.

3. The real estate agency verifies the existence of encumbrances, especially such as liens or easements on the property subject to brokerage, which liens and easements are listed in the title deed.

4. If the client of the real estate agency is an interested buyer of the property, the real estate agency informs this client about the existence of encumbrances on the property immediately after learning of this fact; if the agency is aware of this fact already at the time of signing the brokerage agreement with the client, the agency informs the client about the encumbrances already at the signing of the brokerage agreement.

5. The real estate agency verifies the technical condition of the property that is subject to brokerage, in particular whether the property has any legal or factual defects, based on its inspection and the information provided by the seller or from available documents, such as the title deed.

6. If the client of the real estate agency is an interested buyer and if the agency discovers the existence of legal or factual defects in the property, it informs the client of this fact immediately upon learning of it; if the agency is aware of this fact already at the time of signing the brokerage agreement with the client, it informs the client of the defects already at the signing of the brokerage agreement.
   

Publication of the Offer

1. As part of its brokerage activity, the real estate agency publishes offers for the sale, purchase, or lease of properties in electronic and printed media at its own discretion.

2. Within the publication of the offer, the real estate agency publishes in printed or electronic media the specification of the property, in particular its location, area, layout, and a brief description of the individual parts of the property; at its own discretion, the agency may also publish visual representations of the property.

3. The client hereby grants full authorization to the broker to use the data and photo documentation of the property for the purpose of its advertisement in printed media, on the internet, etc., for advertising the property on advertising portals and in other advertising media in electronic, printed, or other form. For this purpose, the client grants the broker consent to take photographs, videos, and possibly other audiovisual recordings of the property and to use them for advertising and offering the property, to place the broker's advertising banner on the property, to accompany interested buyers during property viewings, to negotiate with potential buyers about contractual terms, to use the services of third parties (e.g., lawyer, accountant, surveyor, mortgage specialist, etc.) in connection with the brokerage activity. The broker accepts this authorization and has the right to authorize another person (e.g., sales partner, real estate agent, etc.) to perform the above actions.

4. If there is a change in the data contained in the offer for the sale, purchase, or lease of the property, the real estate agency ensures the update of such data without undue delay after becoming aware of the change.

5. In publishing the data within the offer, in particular visual documentation of properties, the real estate agency ensures that the publication does not infringe upon the privacy of the property owner.

6. The costs associated with advertising offers for the sale, purchase, or lease of properties are borne by the real estate agency.
   

Purchase Price

1. The requested purchase price is the price required by the client – the seller – for the transfer of his/her property (hereinafter also "requested purchase price").

2. The actual purchase price is the price for which the buyer undertakes by future purchase agreement and/or purchase agreement to buy the client's property, which includes both the requested purchase price and the broker's fee under this Agreement (hereinafter together also "purchase price" or "actual purchase price").

3. The client agrees that the payment of part or all of the purchase price may be financed by the buyer from other sources than his/her own funds, in particular: from a mortgage loan, other types of loans (e.g., consumer loan, construction loan, bridging loan, State Housing Development Fund, etc.), loan, American mortgage, etc., and for the purpose of such financing agrees with securing the financing by a lien on the property.

4. The contracting parties agreed that if:

   a) a future purchase contract is to be concluded, and within 3 (three) months from the date of conclusion of this Agreement no future purchase contract is concluded between the parties, or

   b) a direct purchase contract is to be concluded without a future purchase contract, and within 3 (three) months from the date of signing this Agreement no purchase contract is concluded between the parties, the client – seller – may agree to reduce the requested purchase price to the purchase price recommended by the real estate agency. The client acknowledges that by reducing the purchase price to the level recommended by the agency, his/her chances of concluding the mediated contract significantly increase.

Commission

1. The specific amount of the real estate agency's commission is individually agreed upon in the brokerage agreement concluded between the agency and the client, depending on the selling price of the property or the amount of rent.

2. In the case of lease of a property, the brokerage agreement specifies the required rent amount, which includes payment for services related to the lease (e.g., supply of water, electricity, heating, waste disposal, etc.).

3. The broker's commission in the case of a lease agreement is usually agreed in the brokerage agreement at the level of one month's actual rent for which the property is rented to a third party – tenant, but at least in the amount of one month's requested rent agreed in the brokerage agreement. The commission in the case of lease is due on the day of signing the lease agreement.

4. In the case of transfer of property (not lease), the broker's commission may be agreed in the brokerage agreement as:
   a) percentage-based – set as a percentage of the actual purchase price,
   b) flat fee – added to the client's requested purchase price for the transfer,
   c) differential – equal to the difference between the actual purchase price and the requested purchase price.

5. If the real estate agency is a VAT payer, VAT is included in the commission in accordance with applicable law.

6. The commission includes the broker's flat-rate costs related to the brokerage under the brokerage agreement, services listed in these General Terms, regardless of the extent to which the client uses them, advertising costs, and complete legal service, in particular the preparation of the purchase agreement, future purchase agreement, proposal for registration of ownership right in the cadastre and its filing, and payment of the basic administrative fee for such registration.

7. The commission does not include costs that are borne by the seller and buyer themselves according to their agreement, namely: administrative fee for registration of a lien agreement, part of the administrative fee for accelerated registration exceeding the basic administrative fee, costs for bank escrow, notarial custody.

8. If the client is a natural person – consumer: if the buyer paid the reservation fee after conclusion of a future purchase contract but before the purchase contract, the commission is due on the day of conclusion of the purchase contract; if the buyer did not pay a reservation fee but paid the purchase price or part of it after conclusion of the purchase contract, the commission is due on the day of payment of the purchase price or the first installment of it.

9. If the client is a business entity (legal person or entrepreneur): if the agency found a buyer and an opportunity to conclude a contract with him/her, but the client ultimately did not conclude the mediated contract (e.g., decided not to sell or did not provide cooperation), the agency is entitled to the commission agreed in the brokerage agreement. In such case, the commission is due on the day when the client had the opportunity to conclude the mediated contract thanks to the agency's activity.

Delivery of Documents

1. Unless stated otherwise in the brokerage agreement, all written documents (termination, withdrawal, notices, statements, requests, calls, etc.) related to the brokerage agreement must be made in writing and delivered to the other party's address stated in the agreement header. The parties agree to notify each other in writing of any address change without undue delay.

2. A document is considered delivered:
   a) in the case of personal delivery, upon handing it over to the authorized person and signing, or by refusal to accept,
   b) in the case of postal delivery or courier service, upon delivery to the party's address, and if registered mail, upon receipt and signature by the authorized person.

3. Documents are also deemed duly delivered on the day of refusal to accept, if the addressee is unknown and did not notify change of address, or on the day of return to the sender due to non-collection within the pickup period.

4. The parties agreed that documents are also deemed duly delivered by e-mail sent to the e-mail address stated in the header of this Agreement. If the addressee does not respond within 3 days, the sender must resend the e-mail; if after the second sending the addressee does not respond within 3 days, the document is deemed delivered, even if the addressee did not read it.

Complaints

1. The client may submit objections, dissatisfaction, doubts, or comments regarding the real estate agency's activity ("complaints") to the respective agency or electronically.

2. Details of the complaints procedure are governed by the agency's Complaints Policy. The Complaint Form and Complaints Policy are available in electronic form on the RK Realiťáci website.

Client as Consumer – Withdrawal from Brokerage Agreement

1. The client declares that pursuant to Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance or Off-Premises Contract, if the brokerage agreement was concluded outside the agency's premises, the client as a consumer has the right to withdraw from the brokerage agreement within 14 days of its conclusion, using the withdrawal form provided before signing these Terms.

2. The client as consumer declares that pursuant to Act No. 102/2014 Coll., he/she has been duly informed that by granting consent to begin provision of services before the expiry of the withdrawal period (14 days from conclusion), upon full provision of services by the agency under the brokerage agreement, he/she loses the right to withdraw within 14 days.

Alternative Dispute Resolution

1. The client may submit complaints to the respective agency or electronically. The Complaint Form and Complaints Policy are available on the RK Realiťáci website.

2. If the client is not satisfied with the handling of the complaint or believes rights have been violated, he/she may turn to an alternative dispute resolution body. Proposals under Act No. 391/2015 Coll. may be submitted to entities listed by the Ministry of Economy on www.mhsr.sk.

3. The consumer may first request redress directly from the agency (e.g., by e-mail).

4. If the agency replies negatively or does not reply within 30 days, the consumer may submit a proposal to an ADR body under §12 of Act No. 391/2015 Coll.

5. The competent ADR body is the Slovak Trade Inspection, Central Inspectorate, Department for International Relations and ADR, Prievozská 32, P.O. Box 29, 827 99 Bratislava 27, or electronically at ars@soi.sk.

6. Other ADR bodies are listed at: https://www.economy.gov.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov.

7. The client (consumer) and agency may also use the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.

8. The ADR proposal must include:
   a) consumer's name, address, e-mail, phone,
   b) exact designation of the agency,
   c) clear description of facts,
   d) what the consumer requests,
   e) date consumer contacted agency for redress and info that attempt failed,
   f) declaration that no identical proposal was submitted elsewhere, no court or arbitration decision issued, no mediation concluded, no ADR finished.

9. The ADR proposal form is available online at: https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2015/391/20160201_4545799-2.pdf

Final Provisions

1. These General Terms are an integral part of contracts with clients and third parties and apply to all contractual relations unless expressly amended.

2. The purpose of these Terms is to regulate mutual rights and obligations between the agency, clients, and third parties in connection with real estate activities.

3. During the duration of an exclusive brokerage agreement, the client undertakes not to directly or indirectly negotiate with third parties to transfer ownership of the property without the agency's mediation; otherwise, the client undertakes to pay a contractual penalty equal to the agency's agreed commission.

4. The agency confirms that personal data of its clients are processed in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 18/2018 Coll., used only with consent for purposes of contracts, otherwise kept confidential. Details are in the agency's GDPR document.

5. Every proposal leading to a purchase/lease agreement that meets the owner's requirements must be immediately discussed with the owner.

6. The agency and its agents must follow the Code of Ethics, published on the RK Realiťáci website.

7. The client may not transfer his/her rights or obligations under agreements (purchase, lease, etc.) based on the brokerage agreement to third parties without the agency's consent.

8. Where these Terms or the brokerage agreement state that the agency "ensures," it means it arranges the matter at the client's expense.

9. Any update or change to these Terms will be published on the RK Realiťáci website.

10. If any provision becomes invalid, ineffective, or unenforceable, this does not affect the rest. The agency will replace it with a valid and enforceable provision consistent with the original purpose.

11. These Terms apply mutatis mutandis to future purchase/lease agreements concluded between client, buyer/tenant, and the agency.

12. These Terms take effect on the day of signing.

13. These Terms expire upon later Terms taking effect.

14. The agency declares that electronic/digital signatures on agreements and documents are equivalent to handwritten signatures and legally valid. Signing is performed on a tablet with pen or finger, linked directly to the document.

15. These Terms are an integral part of the brokerage agreement. Their provisions prevail over dispositive legal rules unless otherwise agreed.

Contact: info@rkrealitaci.sk
Ing. Lucia Krivičková, Managing Director, RKR & Partners s.r.o., Ľubochnianska 4, 831 04 Bratislava