Terms
1. Scope
These Terms and Conditions apply to the brokerage services of Andrej Avi Real Estate, proprietor Andrej Avi, Strada di Magliano 15 - Barberino Tavarnelle 50028 (FI) (hereinafter “the Broker”).
Any deviating arrangements must be made in writing and take precedence over these Terms.
2. Formation of the brokerage contract
The brokerage contract is formed by written mandate. Under Italian law, it may also arise through conclusive conduct, in particular by attending a viewing or by accepting a property introduced by the Broker.
A non-binding enquiry submitted through the contact form or by email does not create a brokerage contract.
The Broker confirms the content of the contract in writing before commencing work.
3. Services
The Broker provides brokerage services for properties and introduces opportunities to conclude transactions. This includes reviewing the documents provided by the owner, assessing the price against market conditions and, where known, recorded comparable transactions, organising viewings, supporting negotiations and coordinating the process through to the notarial deed.
The assessment of a property's compliance with planning requirements and its technical condition is a matter for qualified professionals, in particular surveyors (geometri), civil engineers and architects. The Broker coordinates them and, where required, facilitates contact with them; the client engages the relevant professional directly. The same applies to legal and tax matters.
The Broker does not provide legal, tax or financial advice and does not carry out technical surveys.
4. Acting for both parties
The Broker may act for both parties (Art. 1754 Italian Civil Code). He informs both parties accordingly and is bound to impartiality. He discloses circumstances capable of giving rise to a conflict of interest.
5. Commission
Commission falls due upon execution of the notarial deed of sale (Rogito) or, where agreed, upon signature of the preliminary contract (Compromesso).
Under Art. 1755 Italian Civil Code, the Broker is entitled to commission from each party. The amount is agreed individually and confirmed in writing before work commences; it is generally 4 % of the recorded purchase price per party.
The Broker is currently subject to a flat-rate tax regime under Italian law (Regime forfettario). No value added tax (IVA) is therefore charged on the commission. Should the Broker become subject to the ordinary VAT regime at a later date, the commission will be charged plus statutory IVA. The tax treatment applicable at the time of invoicing prevails and is confirmed in writing before work commences. Where applicable, the statutory stamp duty (marca da bollo) of EUR 2.00 per invoice is added.
If no transaction is concluded, no commission is payable, unless the failure is attributable to culpable conduct on the part of the client.
Advisory and support services without brokerage are agreed separately.
6. Client's obligations
The client informs the Broker fully and accurately of all circumstances material to the brokerage, in particular parallel negotiations with third parties and the engagement of other brokers for the same property.
The client does not pass on property information received from the Broker to third parties without his consent.
7. Confidentiality
The Broker treats property data, price information and details concerning buyers and sellers as confidential. This obligation survives the end of the contractual relationship.
Disclosure to third parties takes place only with the consent of the party concerned or where necessary to perform the mandate.
8. Sole mandate
Under a sole mandate, the client engages no other broker for the same property during the term of the contract. Scope and duration are recorded in writing.
9. Reimbursement of expenses
Expenses are not charged separately. Where the parties agree reimbursement in an individual case, for instance for expert reports, translations or travel expenses, this requires prior written agreement.
10. Liability
The Broker is liable for intent and gross negligence. For slight negligence, he is liable, to the extent permitted by law, only for breach of material contractual obligations and limited to foreseeable loss.
The Broker accepts no liability for the accuracy of information provided by third parties, in particular by owners, public authorities and land registry offices. The client independently verifies the structural and legal condition of the property before entering into a contract.
11. Consumers and distance contracts
Where a consumer concludes the brokerage contract at a distance, he has a right of withdrawal of fourteen days under Art. 52 et seq. of the Italian Consumer Code (Legislative Decree 206/2005). Withdrawal must be addressed to info@andrejavi-realestate.com; no reasons need be given.
The right of withdrawal lapses where the Broker has fully performed the service with the consumer's express consent before the period expires.
12. Identification under anti-money-laundering law
The Broker is subject to Legislative Decree 231/2007. Upon entering into the business relationship, he identifies all contracting parties by means of a valid identity document and the tax number and, for legal entities, additionally the beneficial owner. The records are retained for ten years.
Details of the processing of this data are set out in the Privacy Policy.
13. Governing law and jurisdiction
Italian law applies, in particular Art. 1754 to 1765 of the Italian Civil Code and Law No. 39 of 3 February 1989. Mandatory consumer protection provisions of the state in which the consumer has his habitual residence remain unaffected.
The place of jurisdiction is BOLZANO. For consumers, the statutory place of jurisdiction applies.
14. Final provisions
If a provision of these Terms is invalid, the remaining provisions remain effective.
The Broker may amend these Terms. For ongoing contracts, the version agreed at the time of conclusion applies.
Version: 17.05.2026