Version 4., 07/01/2009

1. Scope of general contract terms and conditions

The scope of the general contract terms and conditions applies to all contracts, that will be entered between Casa Mia Hungary Bt. and any natural persons, business associations with legal personality or unincorporated business associations, for the purpose of intermediating the sale, exchange, leasehold, rental, usufruct, use, donation, leaasing of houses, plots of land, or its parts (further together: real-estate) in line with the principals’s instructions, or searching the suitable real-estates and preparing transacting the necessary contracts.

2. Casa Mia Hungary Bt’s data

Business name: Casa Mia Hungary Ingatlanhasznosító és Beruházó Betéti Társaság
Abbreviated business name: Casa Mia Hungary Bt.
Address: H-9918 Felsőmarác, Fő út 66.
Number of company register: 18-06-105541
Court of registratio: Vas Megyei Bíróság mint Cégbíróság/ County Court of Vas as court of registration
Tax number: 22128795-2-18
Statistical identify number: 22128795-7012-212-18
Phone: 0036-94-542054

Each declarations mentioned in this general contract terms and conditions are only disclosed to Casa Mia Hungary Bt., if these were in written format, in offered letter sent and arrived at the firm’s seat.

3. Entering into contract

The offers, informations (prospects, catalogues, price lists, webshops etc.) communicated by Casa Mia Hungary Bt. are not to be considered as contract proposal, these are just invitations for tender to you.The language of contracting is Hungarian. If there is a posibility to get to know th informations in another language too, in case if contract discuss is the Hungarian version governing. Casa Mia Hungary Bt. is entitled to change the invitation for tender anytime. The arriving offer(s) from you will be acknowledged and computerized by Casa Mia Hungary Bt with all other offers together. Unfortunetly we can not guarantee, that we can actually fulfill commission as arrived, because it is imaginable that the real-estate in your offer is at time your offer’s arriving not more or not accordingly the invitation for tender available. If we experience this fact on computerizing your offer, we try to do our best to inform you about alternative possibilities, especially if this was required in your offer. Any kind of notifications from our side, which depart from your offer is qualified as a new invitation for tender.

The execution of contract results by confirming the acceptance of your offer per post, fax, e-mail, or other written format, or the got commission was entirely fullfilled according to your offer. Casa Mia Hungary Bt. has to confirm electronicly the arrival of your offer immediately, but at the latest in 48 hours. In default of it your validity period is ended.

The contracts are agreements in written format, they will be registered by casa Mia Hungary Bt.

The data disclosure errors are to be revised immediately, but at the latest within 24 hours from the execution of the contract. In default of it the contract valid with the given data.

4. Legal matter of the contract (performance)

The legal matter of the contract will be exactely determined in the invitation to tender (prospects, catalogues, price lists, webshops etc.). If you require, Casa Mia Hungary Bt. gives you more informations on the address given in clause 2 about the features of the assigned real-estate. All rights are reserved for Casa Mia Hungary Bt. to change anytime the contents of the invitation to tender before conclusion of contract, that is why you are kindly asked always for repeated look at the already previous chosen real-estate.

We inform you, that Casa Mia Hungary Bt. has got in many cases connection to other pivate persons and firms, so we are entitled to demand these persons as accessory on behalf of you to perform the contract. Casa Mia Hungary Bt. is liable for the actions of these persons like for the own actions.

5. Service fee (Agency commission)

Casa Mia Hungary Bt. has a legal right to agency commission in following cases:

• if the wished contract (e.g. sale, lease, usufruct, exchange) will be reached as result of Casa Mia Hungary Bt’s agent activity – particulary including the designation of the searched real-estate, or buyer. The reached precontract makes Casa Mia Hungary Bt. Entitled to enforce a commision claim.
• if parties choose another type of contract in connection with the real-estate, than agreed with Casa Mia Hungary Bt. as result of Casa Mia Hungary Bt’s agent activity (e.g. rental instead of sale)
• if there will be contracted with a person offered by Casa Mia Hungary Bt. not regarding the real-estate in the agency agreement, but the property that belongs to to parties on any other kinds of legal titles.
• if the contract will not be reached with the person offered by Casa Mia Hungary Bt. because of the fact that the statutory preemption (option to purchase, preemptive right for rent, or preemptive lease right) will be exercised by the obligees.
• if the appropriate contract to the agent commission given to Casa Mia Hungary Bt. will be signed by the principals’s relative, or a business association with their participation (including the successor business association or the transformed business association), or the business association’s executive officers, members.
• if the principal enters into a contract after having vacated the agent contract with a person – including the attached scope of persons in previous remark –, who was already designted from Casa Mia Hungary Bt. during the agent contract’s existence.
• if the person intending to buy presents the showed real-estate to a third party and latter enters any kind of contracts in connection with the real-estate, supposed, that third party denies the payment of the agency commission.
• if contracing parties were get in touch as result of Casa Mia Hungary Bt’s agent activity, even if they might have got acquaintance independent of this through other advertisements.

6. Rate of agency commission

The agency commission’s base goes always by the actually sale price, rent, or lease price on the obtained real-estate. The agreements of the contracting parties never influence the agency commission due to Casa Mia Hungary Bt., especially not its rate and person of the payment obligor. The rate of the agency commission is 3% of its base, but at least 1,000 EUR­­O + 25% VAT. Casa Mia Hungary Bt. may demand the agency commission from both parties, or both groups of the contracting parties. The ageny commission becomes due at conclusion of contract.

The rate of agency commission in case of acting other valuable rights and interests:
The agency commission in case of rental, sublease, or other use and utiliztion rights to any kinds of flats, houses and stores depends on the contract’s period:

1. rental with maximum 24 months period: 2 months rent (use charge) + 25% VAT
2. rental with more than 24 months period: 3 months rent (use charge) + 25% VAT

If you do not appear to view to real-estate in the agreed and fixed time on site personally or with authorized representative, Casa Mia Hungary Bt. is entitled to invoice 10,000 HUF + 25% VAT hourly rate.

7. Resignation of the contract

During the contract term principal is not allowed to act the real-estate neither himself, nor through another agent. This prohibition includes the principal’s relatives and the business associations with his participation, too. Casa Mia Hungary Bt. is exclusivly commissioned to sell the real-estate in compliance with the principal’s instructions. If principal act with the real-estate during the contract term despite of the exclusive commission and contracts with a third party, Casa Mia Bt. may claim a lump sum compensation for damages caused with breach of contract. The rate of the lump sum compensation is equal to the agency commission in clause 6.

If the agent contract will be cancelled by the principal before expiration of the specified-term without showing cause from Casa Mia Hungary Bt. latter may claim a lump sum compensation for damages caused with breach of contract. The rate of the lump sum compensation is equal to the agency commission in clause 6.

The period of the (exclusive) agent contract depends on the contract with principal. Principal is obliged to inform Casa Mia Hungary Bt. in written format, if he intends to cancel the agent contract or had sold the real-estate. However this does not absolve him from the consequences mentioned above.

General real-estate agent contract are for unspecified-term and can be cancelled any time with immediate effect.

The agency commission may be demanded with no view of the contract’s cancelling cause, if the principal enters into contract with the obtained person by Casa Mia Hungary Bt.

Principal is obliged to pay agency commission, if the contract had been failed, because he hurts the basic principles of the civil law by slow in any necessary actions or making declarations lately.

8. Cancellation of the contract

Consumer is entitled to cancel the contract in 8 working day without argument. Consumer may exercise his right from the day of the contract’s conclusion. Casa Mia Hungary Bt. is obliged to pay back the already paid amounts to the consumer immediately, but at the latest in 30 days. Consumer bears the costs appearing with the retransfer of the paid amounts. Besides consumer does not bears any costs.
Consumer is not allowed to exercise his right of cancellation

1. if Casa Mia Hungary Bt. has already begun to perform the contract with the consumer’s agreement before the maturity of 8-working day
2. if Casa Mia Bt. provides a service, which has a value depending on the changes of the money market uninfluenced from Casa Mia Hungary Bt.

9. Guarantee

Casa Mia Hungary Bt. is responsible for transfer of right on the legal title given in the agent contract and if it is possible for the its registration in the real-estate register. Casa Mia hungary Bt. is not liable for the data of the real-estates ( for example area ) and the latent defects. The data are given by the right holders of the real-estate, so the claims must be only enforced against them.

10. Data protection

Casa Mia Hungary Bt. may manage only the absolutely necessary and sufficient identification data of yours in order to create the contract, determine its content, modify the contract, control the performance, issue invoices and enforce the claims. Casa Mia Hungary Bt. may manage also the personal data in connection with the taking up of his services (especially term, period and place of services), which are indispensable regarding invoicing and determining the charges. Beyond that Casa Mia Hungary Bt. may mange on the purpose of service those personal data, which are indispensable to provide the service. Casa Mia Hungary Bt. has chosen assets to manage personal data only if it is necessary in order to provide services, or on purposes legally prescribed. The personal data managing lasts only for necessary time. The managed date must be removed if the conclusion of contract not happens, it will be cancelled or after having issued the invoice.

Casa Mia Hungary Bt. may manage date on a previous determined deviating purpose ( for example increasing of efficiency, targeted advertisement, or other content to you ) in connection with his provided services without your consent only if these can not be brought in contact with you. This kind of data managing can be prohibited from you both before taking up the service and during the period of service providing. These data must be removed if the data managing purpose had been removed or you dispose so. Casa Mia Hungary Bt. ensures that you may get to know all managed data before and during taking up the services including the data that can not be brought in contact with you directly.

11. Cooperation

Contracting parties are obliged to mutual cooperation according to the requirements of good faith and honor. Parties have to cooperate also in contracting and pay attention to the legal interests of each other. They need give mutually information about every significant circumstances of the wished contract. Parties also have to cooperate in the discharge of the contract. Obligor has to show reasonable conduct under circumstances in order to perform the contract, obligee has to help the same way the performance.

12. Jurisdiction

Legal disputes from this contract belong exclusively to the County Court Vas, or the City Court Szombathely depending on the competence.

13. Suitable law

The governing law is the Hungarian. Other verbal agreements are not valid, any modification of the general contract terms and conditions needs written format.

14. Hiring attorney

Casa Mia Hungary Bt. is entitled to retain the attorney for completing and countersigning the contract for the real-estate.