RE/MAX business conditions
Unless otherwise stated in these Terms and Conditions, the terms used herein shall have the following meanings:
- Real estate activities
means the purchase of real estate for the purpose of their further sale, sale of real estate, mediation of purchase, sale and lease of real estate, apartments and non-residential premises, as well as mediation of the transfer of the cooperative share in the housing cooperative.
- RE/MAX Real Estate Agency
shall mean a natural or legal person doing business in the Czech Republic in the field of real estate activities who has entered into a franchise agreement as a franchisee with Kreuziger&Sobotik, s.r.o, with its registered office at Praha 9, K Rukavičkárně 94, ID No.: 271 77 149, as a franchisor. The franchise agreement authorizes and obliges RE/MAX to operate its business in accordance with the concept of the RE/MAX system, to use its logo, know-how and to act in accordance with these terms and conditions and RE/MAX methodological procedures. The RE/MAX real estate agency is a legally and financially independent person who conducts business in his/her own name, on his/her own account and responsibility, and the franchisor does not bear any legal responsibility for the actions and results of the RE/MAX real estate agency’s business.
- Real estate agent
means a natural person trained within the RE/MAX system, independently doing business in the Czech Republic in the field of real estate activities, who is in a contractual relationship to one of the RE/MAX real estate agencies, on the basis of which he is entitled and obliged to use the RE/MAX system.
means a written contract, the subject of which is the provision of real estate services, concluded between the RE/MAX real estate agency and the client (natural or legal person).
means any natural or legal person to whom RE/MAX real estate agency provides real estate services for a fee on the basis of a real estate services contract. The client is not the other party to the mediated contract, i.e. the person who has been found by RE/MAX in the course of providing real estate services. This person does not become a client by concluding a blocking deposit agreement or any other agreement with the Client.
2. Code of ethics:
RE/MAX real estate agents and RE/MAX agents always act in accordance with the interests and instructions of the client when providing their services and are governed by the legal regulations of the Czech Republic and the Code of Ethics of RE/MAX Czech Republic, the full version of which is published on the website www.re-max.cz.
3. Contract for the provision of real estate services:
RE/MAX real estate agencies and RE/MAX agents provide real estate services only on the basis of a written contract. All rights and obligations, guarantees and benefits provided to the client within the RE/MAX system are subject to the conclusion of a written contract.
RE/MAX real estate agencies are entitled to a commission for providing real estate services as specified in the contract. The RE/MAX real estate agency is obliged to issue and hand over to the client, even without request, a proper tax invoice for the commission, which, in addition to all legal requirements, will also contain the relevant VAT amount, if the RE/MAX real estate agency is a VAT payer. The commission includes the commission for real estate activities and covers the minimum scope of real estate services defined below (unless otherwise stated in the Contract), regardless of the extent to which they have been used by the client in a particular case.
5. Sale / lease procedure:
A description of the standard procedure for the sale or lease of real estate, flats, non-residential premises or the transfer of a cooperative share in a housing cooperative is published on the website www.re-max.cz.
6. Custody of funds and deposit accounts:
In order to ensure a high level of client protection, RE/MAX has adopted binding rules for the custody and settlement of the purchase price. On the basis of these rules, individual RE/MAX real estate agencies are authorised to accept blocking deposits on their own account only up to the amount of the real estate agency commission agreed for a given business case. These funds must be deposited in a bank account different from the RE/MAX real estate agent’s operating account. All other client funds must be held and settled through custody by a bank or law firm that has agreed to the franchisor to comply with the security conditions for custody of funds. Custody of funds with other entities is not permitted, unless the client, after having been previously instructed, insists on custody with another entity and confirms in writing to RE/MAX (email is sufficient) that he/she has decided not to use RE/MAX’s secure form of custody at his/her own risk.
7. Minimum scope of real estate services:
RE/MAX real estate agency provides the following standard real estate services to the client, unless otherwise stated in the Contract:
- inspection of the property and recommendation of the usual purchase price / rent according to the state of the real estate market;
- advertising on the website www.re-max.cz, drafting a marketing strategy to promote the property, including placement of advertising banners, advertising in the press and other media, etc.;
- obtaining an extract from the Land Registry and a copy or original of the cadastral map (only for the sale of the property);
- negotiating with interested parties, organising and arranging property inspections with interested parties;
- drawing up and concluding an agreement with the buyer on the deposit of a blocking deposit and taking over the blocking deposit up to the maximum amount of the commission for mediation, organizational support in the negotiations of the contracting parties necessary for the conclusion of the escrow agreement or the agreement on the future purchase contract and the purchase contract and the agreement on the transfer of the cooperative share in the housing cooperative (only for the sale of real estate);
- in the case of rental of real estate, preparation of a standard lease or sublease agreement; in the case of sale of real estate, preparation of standard contractual documentation necessary for the implementation of the transaction (i.e. a contract on a future purchase agreement, a purchase agreement, a proposal for the entry of the ownership right into the land register, an agreement on the transfer of a cooperative share in a housing cooperative), including the safekeeping of funds with a certified law firm in accordance with Article 6 of these Terms and Conditions;
- organising the conclusion of contractual documentation (in the case of a property sale, including verification of signatures);
- arranging for the filing of an application for the registration of the ownership right to the property, including the payment of the administrative fee (only for the sale of the property);
- organising the handover of the properties, including the reading of the meters and drawing up the handover report.
8. Condition of the property:
If the object of real estate services for a client is to locate suitable properties for purchase or lease, RE/MAX real estate agents and RE/MAX agents are obliged to provide clients with objective information about the condition of the properties they locate for clients. RE/MAX real estate agencies and RE/MAX agents are not liable for damages that arise in the event of,
if a third party has withheld or misrepresented the condition of a property. The Client acknowledges that a detailed review of the condition of the property by an independent professional is recommended in every real estate transaction.
9. Information obligation:
RE/MAX real estate agents and RE/MAX agents regularly and objectively inform the client about the status of the matter and the services ordered throughout the term of the contract.
The client may at any time make a complaint about the quality of services provided by RE/MAX real estate agency or RE/MAX agent and exercise his/her rights under the Complaints Code of RE/MAX Czech Republic, the full version of which is published on the website www.re-max.cz. The client has the right to complain about the quality of services provided at any time through the complaint form located on the website www.re-max.cz or with the relevant RE/MAX real estate agent. The real estate agents and the franchisor’s complaints department staff are always obliged to follow the RE/MAX Czech Republic Complaints Code and to deal with any comments or complaints from the client without delay.
RE/MAX real estate agencies and RE/MAX agents guarantee clients an independent review and assessment of complaints through the RE/MAX Ombudsman. All information regarding the RE/MAX Ombudsman can be found on the website www.re-max.cz.
12. Compulsory liability insurance:
RE/MAX real estate agents are obliged to have professional liability insurance for the entire period of providing real estate services in accordance with the internal regulations of the RE/MAX system.
13. Obligation to identify:
According to Act No. 253/2008 Coll., on Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended, RE/MAX real estate agencies are an obliged person and as such they are obliged, among other things, to carry out identification and, if necessary, control of the client and to keep the identification data for the statutory period of time.
14. Out-of-court settlement with the help of the ČOI:
If a dispute arises between RE/MAX and the client, the client has the right to resolve the dispute out of court. The client shall submit a request for out-of-court dispute resolution to the Czech Trade Inspectorate pursuant to Act No. 634/1992 Coll., on Consumer Protection. All the details of the out-of-court settlement are available on the website of the Czech Trade Inspection Authority www.coi.cz.