Supplements of THE GENERAL CONDITIONS of MIRELA-LTD for implement of intermediary services in real estate transaction

On the grounds of par.70 of the THE GENERAL CONDITIONS of MIRELA-LTD for implement of intermediary services in real estate transaction, the following supplements and amendments are made:

1). In Section II, par. 4.3 after the end of the text, is added the following sentences:  "For the contract concluded must have a received payment of part or the full amount of the sale price or the lease price of the property."

2). In par 4.4 and 4.5 are added definitions for "Property sale price" and "Property lease price", as follows:
4.4 Under Property sale price is comprehended the sum specified in the preliminary purchase-sale contract, and if no such contract, the amount specified in the final purchase-sale contract.
4.5 Under Property lease price is comprehended the amount determining the monthly lease of the property, under the Lease contract.

3). New par. 16 and 17 are added with the following content:
par.16. In case under the conditions of concluded Assignation order are negotiated exclusive agency mediation for purchase of real estate, the Client assumes the primary obligation not to search property to purchase (alone, by a third party or through another intermediary), and not to implement property viewings for purchase without the presence of a representative of the agency. In this sense, the Client may purchase property only through MIRELA, and if within the terms and conditions of the concluded Assignation Order for mediation, purchases a property with a preliminary or final contract, because of the nature of exclusive rights is considered that the property is purchased through MIRELA mediation, with all the rights, duties, responsibilities and resultant of this assumption.
par.17. In case under the conditions of concluded Assignation order are negotiated exclusive agency mediation for lease of real estate, the Client assumes the primary obligation not to search property to lease (alone, by a third party or through another intermediary), and not to implement property viewings for purchase without the presence of a representative of the agency. In this sense, the Client may purchase property only through MIRELA, and if within the terms and conditions of the concluded Assignation Order for mediation, leases a property with a Lease contract , because of the nature of exclusive rights is considered that the property is leased through MIRELA mediation, with all the rights, duties, responsibilities and resultant of this assumption.

4).  Paragraph 40 changes as follows: "By taking cognizance of the accepted relations between the parties, in accordance with Section IV from the present General conditions, in case of agreed exclusive right for implement of transaction with real estate, the Client owes the agreed remuneration if within the period of the concluded mediation contract, implements a transaction subject of this contract, without a necessity to prove whether the transaction is implemented with MIRELA’S  mediation"
The old version of par.38 ( now par. 40) is the following: By taking cognizance of the accepted relations between the parties, in accordance with Section IV from the present General conditions, in case of agreed exclusive right for sale or letting of real estate, the Client owes the agreed remuneration if he concludes transaction with the property during the term of the contract no matter if this has implemented with the mediation of MIRELA. "

5.) A supplement is made to par.47, as after remuneration is added "and/or penalty", as the text is as follows:
"If the CLIENT delays the payment of the remuneration and/or penalty under the Assignation order for mediation, he owes interest above the capital in the size of 0.5 % for each overdue day."

6.) It's differentiated Section XI. FINAL PROVISIONS, that includes new par. 68 with the following content:

"In each event, when in the Assignation orders for mediation services and/or in the annexes to them, and or in the agreements and the notifications to this orders, is stipulated drawing of rights and implementation or redemption of liabilities, after the termination of the legal ties between the parties under the concluded assignation order, in case of non-fulfillment the parties refer to the fact that their legal ties has been terminated, and on that basis to challenge the dueness,  the size and the maturity of the agreed remuneration."

7.) The existing par. 66 and 67, ( now 69 and 70) of the "General condition" enter the new Section XI FINAL PROVISIONS.

8. The supplements and amendments enter into force from 11.02.2013.



The general conditions of MIRELA-LTD for implement of intermediary services in real estate transaction

The General conditions were approved by the Managing Director of MIRELA-LTD on 20.02.2012, displayed in MIRELA’s offices and published in the official internet page of MIRELA on address www.mirela.bg