Terms

1. Scope

These Terms and Conditions apply to all brokerage services provided by Andrej Avi Real Estate, owner Andrej Avi, Strada Magliano 15, 50028 Barberino Tavarnelle (FI), Italy (hereinafter referred to as the "Agent"), to its clients and prospective clients. By using our services, you accept these Terms and Conditions.

2. Formation of the Brokerage Agreement

A brokerage agreement is formed through an express mandate (in writing, by email, or via the contact form) or through implied conduct, in particular by attending a property viewing or receiving details of a property introduced by the Agent.

Under Italian law, a brokerage agreement does not require any particular form; however, for reasons of transparency, it is confirmed in writing wherever possible.

3. Services

The Agent provides brokerage and property introduction services in the real estate sector, including but not limited to:

Property search and selection according to the client's requirements · Organisation and conduct of viewings · Assistance with price negotiations · Coordination with notaries, lawyers, and public authorities · Guidance through to notarial completion (Rogito) · Advice on market conditions and investment potential.

The Agent does not provide legal, tax, or financial advice. For such services, we recommend engaging the appropriate professionals.

4. Dual Agency

The Agent is entitled to act for both the buyer and the seller (dual agency pursuant to Art. 1754 Codice Civile). Both parties are informed accordingly. Any conflict of interest is disclosed openly; the Agent is obligated to maintain neutrality and impartiality.

5. Commission

The commission becomes payable only upon successful completion of the transaction, i.e. upon execution of the notarial deed of sale (Rogito) or, if agreed, upon signing of the binding preliminary contract (Compromesso/Preliminare).

The commission rate is agreed individually and confirmed in writing before the commencement of services. Standard rates range between 2% and 4% of the notarised purchase price, plus applicable VAT (IVA, currently 22%).

If the transaction does not proceed, no commission is payable, unless the failure is attributable to the client's fault.

6. Client Obligations

The client is obligated to provide all information relevant to the brokerage truthfully and completely, in particular regarding financial circumstances, purchase intent, and any parallel negotiations with third parties.

The engagement of other agents for the same property must be disclosed to the Agent without delay. Property information provided by the Agent may not be shared with third parties without the Agent's consent.

7. Confidentiality

All information exchanged in the course of our collaboration, in particular property data, pricing details, and buyer and seller information, is treated in strict confidence. This obligation continues beyond the termination of the contractual relationship.

Information is only disclosed to third parties with the express consent of the party concerned, unless such disclosure is strictly necessary for the fulfilment of the brokerage mandate.

8. Exclusive or Sole Agency

In the case of an exclusive or sole agency mandate, the client undertakes not to engage any other agent for the sale or acquisition of the same property during the term of the agreement. The scope and duration of the exclusive mandate are recorded in writing.

9. Reimbursement of Expenses

As a general rule, no separate charges for expenses are levied. Should reimbursement of expenses be agreed in individual cases (e.g. for appraisals, translations, or travel costs), this is recorded in writing in advance and requires the client's consent.

10. Liability

The Agent is liable for damages caused by intent or gross negligence. Liability for slight negligence is, to the extent permitted by law, limited to the breach of material contractual obligations.

The Agent assumes no liability for the accuracy of information provided by third parties (owners, authorities, land registry offices). The client is obligated to independently verify the condition and legal status of the property prior to entering into a contract (due diligence).

11. Consumer Rights and Distance Selling

If the contract is concluded at a distance (e.g. by email, telephone, or via the website), the consumer has a statutory right of withdrawal of 14 days pursuant to Art. 52 et seq. Codice del Consumo (D.Lgs. 206/2005). The withdrawal must be sent in writing to info@andrejavi-realestate.com.

The right of withdrawal expires prematurely if the Agent has fully performed the service with the consumer's express consent before the expiry of the withdrawal period.

12. Identification Obligation (Anti-Money Laundering)

The Agent is subject to Italian anti-money laundering regulations (D.Lgs. 231/2007). Before commencing services, identification of all parties is required (valid ID, Codice Fiscale). For legal entities, disclosure of the beneficial owner (Titolare Effettivo) is additionally required. Data collected under this obligation is retained for 10 years as required by law.

13. Governing Law and Jurisdiction

The laws of the Republic of Italy shall apply exclusively, in particular the provisions of the Codice Civile (Art. 1754-1765) and the Legge 3 febbraio 1989, n. 39 (regulations governing real estate agents).

The place of jurisdiction for all disputes is, to the extent permitted by law, Florence, Italy. For consumers, the statutory place of jurisdiction at their place of residence applies.