HOOF, Maruša Gostiša s.p., Ulica Pohorskega bataljona 101, 1000 Ljubljana, registration number 7423942000, tax number 41187709, pursuant to the Real Estate Brokerage Act ("ZNPosr", Official Gazette of the Republic of Slovenia, No. 42/03 as amended) adopts the following

General Terms and Conditions

for real estate brokerage services

1. Introductory Provisions

1.1. These General Terms and Conditions for Real Estate Brokerage (hereinafter: General Terms) govern the legal relationship between the real estate company and the client.

1.2. The General Terms form an integral part of every brokerage agreement concluded between the real estate company and the client. The service price list of the real estate company and a copy of the insurance policy also form an integral part of every brokerage agreement.

1.3. Where the brokerage agreement contains provisions that conflict with these General Terms, the provisions of the brokerage agreement shall prevail.

2. Definitions

2.1. The individual terms used in these General Terms have the following meanings:

  • Real estate agent means a natural person who performs brokerage activities for the real estate company under an employment contract or other legal basis, holds a licence from the competent ministry to carry out brokerage activities, and is registered in the register of real estate agents held by the competent ministry.
  • Real estate brokerage means the performance of registered commercial brokerage activities in real estate transactions, whereby individual brokerage transactions include all actions to establish contact between the client and a third party and to participate in negotiations and preparations for the conclusion of contracts whose subject matter is a specific property (purchase, sale, lease, rent, or other contract).
  • Client means a natural or legal person who concludes a brokerage agreement with the real estate company.
  • Third party means a person with whom the real estate company seeks to bring the client into contact for the purpose of negotiating the conclusion of a contract whose subject matter is a property.
  • Close family members of the client means the client's spouse or partner in a common-law union, children or adoptees, parents or adoptive parents, and persons whom the client is legally obliged to support.
  • Brokerage agreement means a written agreement between the real estate company and the client whereby the real estate company undertakes to seek and bring the client into contact with a third party, and the client undertakes to pay the brokerage fee if the contract is concluded.
  • Contract whose subject matter is a property means a contract of sale, purchase, lease, rent, or any other contract relating to a specific property.
  • Property means the property defined in the brokerage agreement.

3. Brokerage Services

3.1. The real estate company provides brokerage services in connection with:

  • – the sale or purchase of properties,
  • – letting, leasing, or renting,
  • – other contracts whose subject matter is a property.

3.2. The brokerage services referred to in clause 3.1 include establishing contacts for the client, verifying the condition of the property, participating in negotiations and preparations for the conclusion of legal transactions necessary for the valid conclusion of a contract relating to a specific property, taking into account the circumstances of each individual transaction, and in particular the following services:

  • – conclusion of a real estate brokerage agreement,
  • – informing the client and third party of market conditions relevant to the determination of the property price, the content of regulations relevant to the valid conclusion of a real estate brokerage agreement, the client's tax obligations, and notarial service fees,
  • – establishing the legal status of the property by obtaining relevant documents (land register extract), contracts (if the property is not yet registered in the land register), and similar,
  • – written notices, notifications, and confirmations,
  • – viewing of the property following conclusion of the brokerage agreement,
  • – advertising the sale of the property in public media or by other means,
  • – introducing the client to the property and bringing the client into contact with a third party,
  • – attendance at the viewing of the property by the client,
  • – establishing the actual condition of the property,
  • – informing the client of the established legal and actual condition of the property and reliably drawing attention to any identified defects,
  • – telephone communication with clients,
  • – participating in negotiations for the conclusion of the transaction.

3.3. The brokerage fee covers the costs of carrying out the activities referred to in clause 3.2 above.

3.4. If the client does not notify the real estate company within 3 business days of being informed that contact with a third party has already been established, it shall be deemed that the contact was established by the real estate company. The same applies if the client finds the third party independently.

4. Additional Services

4.1. The real estate company may, by agreement, provide the client with additional services not included in the basic brokerage, if these are specified in the brokerage agreement or in a separate order as a supplement to the agreement. Additional services include in particular:

  • – representation in proceedings for obtaining consents, permits, and other required documents,
  • – organising property valuation,
  • – resolving the legal status of the property,
  • – preparation and submission of applications for land register entries,
  • – holding funds in escrow,
  • – preparation of lease or other contracts not involving a brokerage commission,
  • – other services required for the completion of the transaction.

The prices of additional services are set out in the real estate company's current price list or in the brokerage agreement. The real estate company is entitled to payment for additional services even if the property contract is not concluded.

5. Brokerage Fee

5.1. The amount of the brokerage fee shall be determined by the brokerage agreement.

5.2. The real estate company may charge the brokerage fee only to the client on the basis of a real estate brokerage agreement.

5.3. The brokerage fee does not include the costs of notarial services, taxes, court and administrative fees, charges for certificates and permits required for the valid conclusion of the contract, or the costs of additional services referred to in clause 4 of these General Terms.

5.4. The real estate company acquires the right to the brokerage fee upon the conclusion of the contract in respect of which it provided brokerage services.

6. Reimbursement of Costs

6.1. If the parties expressly agree so in the brokerage agreement, the real estate company may reserve the right to reimbursement of actually incurred costs up to the amount of €150.00, incurred in connection with the provision of brokerage services, even if the property contract is not concluded, if the client independently establishes contact with a third party with whom a property contract is concluded, if the property contract is concluded through the brokerage of another real estate company, or if the client unilaterally terminates the brokerage agreement before the expiry of the period for which it was concluded.

7. Protection of the Client's and Third Parties' Interests

7.1. When providing brokerage services, the real estate company shall act professionally, diligently, and in accordance with good business practice, protecting the interests of the client while also appropriately protecting the interests of third parties with whom the client is brought into contact for the purpose of concluding a contract whose subject matter is a property, and shall act impartially, unless an exclusive representation of the client's interests has been agreed in an express written agreement, of which the third party must be clearly and expressly informed in writing.

8. Professional Liability Insurance

8.1. The real estate company holds professional liability insurance covering damage that may be caused to the client or a third party as a result of a breach of the real estate brokerage agreement on the territory of the Republic of Slovenia. The name of the insurer, the policy number, and the insured sum are stated in the brokerage agreement, or a copy of the insurance policy or a confirmation of insurance issued by the insurer is attached.

9. Transfer of Brokerage Services

9.1. The real estate company may, with the client's consent, transfer the performance of brokerage services to other real estate companies, whereby the client remains contractually bound to the original real estate company. The real estate company shall notify the client in writing and provide a list of the companies to which the services have been transferred.

10. Client's Obligations

10.1. The client shall provide the real estate company with all available documentation relating to the property that is the subject of the brokerage, including proof of ownership, land register extracts, contracts, building permits, location information, and other relevant documents. The client warrants the truthfulness, accuracy, and completeness of the data and documents provided. Any change in the actual or legal status of the property or other material circumstances shall be communicated to the real estate company in writing no later than eight (8) days from the occurrence of the change. If the client markets the property independently or through other companies, this must be done on the same terms as agreed in the brokerage agreement. If the client independently finds a third party with whom a property contract is concluded, the client must immediately notify the real estate company in writing and provide a copy of the contract.

11. Unfair Conduct by the Client

11.1. The client shall act in accordance with contractual obligations and good business practice. Harmful, unfair, or uncooperative conduct by the client, in particular:

  • – preventing the real estate company from conducting viewings of the property without justification,
  • – breach of the exclusivity agreement in the brokerage agreement,
  • – marketing the property on more favourable terms than those agreed in the brokerage agreement,
  • – failing to notify or delaying notification to the real estate company of the conclusion of a contract or pre-contract with another third party,
  • – refusing to conclude a property contract with a person with whom contact was established through brokerage, without justification,
  • – disclosing confidential information constituting a trade secret to third parties,

shall be deemed a breach of contractual obligations for which the client is liable and for which the client must compensate the real estate company for any damage incurred.

12. Right to Obtain Information

12.1. In the event that the client terminates the brokerage agreement or does not conclude a property contract, the real estate company has the right to obtain information on all concluded contracts whose subject matter is the property in question.

13. Limitation of Liability

13.1. The real estate company shall not be liable for damage arising from incorrect or incomplete information provided by the client or third parties in connection with the property, nor for any consequential damage arising from the provision of brokerage services, except in cases of intentional conduct or gross negligence.

14. Confidentiality

14.1. The client and the real estate company shall treat all data and information obtained on the basis of or in connection with these General Terms and the brokerage agreement as confidential and as a trade secret.

15. Personal Data Protection

15.1. All data and documents obtained by the client from the real estate company are of a confidential nature and constitute a trade secret, except for information and data that are publicly available.

15.2. The real estate company undertakes to protect all personal data in accordance with personal data protection regulations. All personal data will be used solely for the purpose of concluding, performing, amending, and terminating the brokerage agreement and the property contract. For any use of personal data for other purposes, the real estate company will obtain the client's prior written consent.

16. Obligations under Anti-Money Laundering and Counter-Terrorist Financing Legislation

16.1. In accordance with the Prevention of Money Laundering and Terrorist Financing Act, the real estate company is in certain cases obliged to carry out customer due diligence, which includes identifying and verifying the identity of the client, identifying the beneficial owner where the client is a legal entity, obtaining information on the purpose and intended nature of the business relationship or transaction, and regularly monitoring the client's business activities. In this context, the company is entitled to obtain and verify (including by inspection of an identity document) the following personal data of the client or their legal representative: full name, address of permanent or temporary residence, date and place of birth, tax number, and the number, type, and name of the issuing authority of the identity document.

17. Duration and Termination of the Agreement

17.1. The real estate brokerage agreement is concluded for a fixed term of nine (9) months, unless the parties agree otherwise.

17.2. The agreement shall terminate:

  • – upon expiry of the term,
  • – upon termination of the brokerage agreement,
  • – upon performance of the brokerage agreement, and
  • – in other cases provided for by law.

17.3. Either party may terminate the brokerage agreement at any time, provided this is not contrary to good faith and fair dealing. Termination must be given in writing.

18. Governing Law

18.1. Slovenian law and the Code of Good Business Practice in Real Estate Transactions shall apply.

19. Dispute Resolution

19.1. The contracting parties shall endeavour to resolve any disputes and disagreements amicably.

19.2. If an amicable resolution is not possible, the court in Ljubljana shall have jurisdiction.

19.3. If an amicable resolution is not possible, the parties to contracts between commercial entities agree that all disputes arising from or in connection with this agreement shall be finally resolved before the Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia, in accordance with its rules.

20. Validity and Publication of the General Terms

20.1. These General Terms are effective from 21 January 2026.

20.2. The currently applicable General Terms are published at the company's registered office and on the website: https://hoof.si/