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"Our wisdom does not lie in the ignorance of others"

Cooperation with a real estate broker.
A real estate broker is a natural person with a professional license granted in accordance with the procedure provisions of the act on real estate management. The license is granted by the Minister of Infrastructure. Professional title The "real estate broker" is protected by law. To obtain a broker license real estate, you must have a university degree and complete postgraduate studies in brokerage real estate transactions or have a university degree in real estate management and to complete properly documented practice. In addition, the person applying for the license must be unpunished and possess full legal capacity.

The awareness of many clients about the work that a real estate broker performs is shaped by media reports and is usually limited to information about what the broker did not do. Meanwhile the scope of the intermediary's responsibilities is huge and often the intermediaries themselves do not inform their clients about everything activities they perform. The Real Estate Management Act defines the "brokerage code" to whose obligation includes, among others carrying out brokerage activities with special care, application provisions of law, application of professional standards, following the principles of professional ethics, following the principle of protection of the interests of persons for whom activities are performed, having insurance against civil liability, constant improvement of professional qualifications. The activities of a real estate broker include, among others
  1. Checking the legal status of the property;
  2. Checking the client's documents;
  3. Checking entries in state and municipal registers;
  4. Defining the documents required for the transaction;
  5. Preparation of the object description based on the seller's declarations;
  6. Verification of the description through individual visual inspection;
  7. Preparation of photographic documentation;
  8. Identification of advantages and disadvantages;
  9. Checking the status of real estate debts and encumbrances:
  10. Definition of the most recent real estate price possible:
  11. Compare the offer with the last real estate sold on the local market;
  12. To get acquainted with transaction prices of similar properties;
  13. Defining the current state of the market - supply and demand;
  14. Preparation of advertising description of the offer;
  15. Development of advertising methods and places;
  16. Production of advertising materials;
  17. Purchase of advertising in selected media;
  18. Responding to ad inquiries;
  19. Introducing the offer to the company's IT system and making it available to other intermediaries to sales
  20. Field trips to present offers to clients
  21. Organizing customer meetings and helping to reach an agreement;
  22. Planning the way of organizing the transaction, the dates of individual activities;
  23. Assistance in determining the terms of the contract, securing the interests of the parties to the transaction;
  24. Collecting the necessary documents, discussing the transaction with the notary.
  25. Participation in the handover of real estate, preparation of the handover protocol.
All these activities are performed by the broker at his own expense from the moment of signing the brokerage agreement. The remuneration (commission) is received only at the agreed stage of the contract execution if the transaction it actually came to fruition thanks to his activity

Brokerage agreement
The brokerage agreement is an agreement for the provision of services, which, pursuant to the Act of August 21, 1997 on real estate management, requires a written form, otherwise null and void. In the brokerage agreement, the intermediary undertakes to perform activities for the ordering party aimed at concluding contracts (including sale, purchase, lease, rental and rental contracts for real estate) specified in Art. 180 sec. 1 of the Real Estate Management Act, and the contracting authority undertakes to pay the intermediary's remuneration.

In connection with the concluded brokerage agreement, the intermediary professionally responsible for its performance has the right to inspect and download relevant copies, extracts and certificates contained in:
  • land and mortgage registers;
  • real estate cadastre;
  • records of utilities networks;
  • records of utilities networks;
  • records of utilities networks;
  • taxation tables and taxation maps;
  • local plans,
  • studies on the conditions and directions of spatial development in communes;
  • decisions on building conditions and land development;
  • population records.
There are two types of real estate brokerage agreements:
  • open contract
  • exclusivity agreement
Agreement open –the owner is willing to sell or rent his property to several offices, thus concluding several open-ended contracts. Clients assume that in this way they will sell the property faster, because more people sell it. However, the effect of such a procedure is usually the opposite. The broker, instead of advertising the offer, hides it from others, fearing that as a result of this advertisement, other intermediaries will also sign a contract with the client. Meanwhile, only one of the brokers will get a commission - the one who sells, or none - if the client sells the property himself. Thus, his chances of receiving a commission decrease the more he advertises the offer. In addition, as a result of signing several open contracts, different descriptions and different prices for the same property appear on the market. For many potential clients, real estate in several or a dozen offices is no longer interesting. Agreement with an exclusivity clause – is a contract which gives the broker the exclusive right to offer the property in question as the subject of the transaction. He is then guaranteed to get a commission if he leads the sale well and sells. He is not afraid that his offer will be taken away from him by other intermediaries, he advertises it and makes it available to all customers and other intermediaries who will receive their commission from the buyer. The broker replaces the client in all activities related to the sale. The role of the client is limited to accepting the intermediary's actions and providing the relevant documents. The broker quickly and accurately informs as many people as possible about the offer, both potential customers and intermediaries. The broker bears the costs of advertising the property throughout the sale period. Broad advertising - it is an opportunity to: sell quickly, choose the best buyer, get the best price. The offer is well described, with photos. While viewing a well-described offer on the Internet, customers make the initial decision to accept the offer at the computer. So the seller does not have unnecessary visual inspection of people who are looking for something else. One broker is responsible for the sale to the client - the one he has chosen and whom he trusts. Therefore, there are no different prices for the same property on the market. The customer saves time by contacting only one broker, so they have better control over the sales process. He does not waste time on contacts with many brokers - they are contacted by the selling broker.

List of documents needed for the sale of real estate
The sale of real estate is very precisely regulated by law, is subject to numerous threats and is associated with various taxes and fees, and thus involves the need to collect many documents. We have prepared a list of documents necessary for the sale of individual real estate, but due to the specific nature of each transaction, this list is each time verified and individually agreed with the client

Sale of undeveloped land (parcels):
  • basis of the acquisition,
  • if the basis for the acquisition is an inheritance or a gift - a certificate from the Tax Office on inheritance and donation tax settlement
  • a current excerpt from the land and mortgage register,
  • current extract from the land register,
  • extract from the cadastral map,
  • copy of the base map,
  • decision on the amount of property tax,
  • a certificate from the commune or city office on the purpose of the plot in the local spatial development plan or study of conditions, or a decision on development conditions

Sale of developed land (house on a parcel):
  • basis of the acquisition,
  • a current excerpt from the land and mortgage register,
  • an up-to-date excerpt from the land and buildings register,
  • extract from the cadastral map,
  • a photocopy of the base map,
  • up-to-date information on the purpose of the plot in the local spatial development plan,
  • technical documentation of the building,
  • construction completion notification or occupancy permit,
  • decision on the amount of property tax,
  • certificate that there are no registered persons,
  • when selling a house during construction or extension, you will additionally need a building permit and a construction log.

Sale of a cooperative apartment (cooperative ownership right to the premises)
  • basis of the acquisition,
  • if the basis for the acquisition is an inheritance or a gift - a certificate from the Tax Office on inheritance and donation tax settlement,
  • a current copy of the land and mortgage register (if any),
  • a valid certificate confirming no rent arrears,
  • certificate that there are no people registered in the apartment,
  • current utility bills

Sale of premises (apartments):
  • basis of the acquisition,
  • if the basis for the acquisition is an inheritance or a gift - a certificate from the Tax Office on inheritance and donation tax settlement,
  • a current excerpt from the land and mortgage register,
  • a current certificate issued by the building manager confirming that the property has no arrears due to service charges,
  • certificate that there are no people registered in the apartment,
  • current utility bills,

Useful prints for download
Application for an excerpt from the land and mortgage register
Application for a land and mortgage register
Application for entry in the land and mortgage register
Attachment request for an entry in the land register
Attachment attorney statutory representative
Attachment applicant applicant participant

Legal acts Act of August 21, 1997. on real estate management
Act of 6 July 1982. on land and mortgage registers and mortgage
Act of June 24, 1994. about ownership of premises
The Act of December 15, 2000. about housing cooperatives
Act of March 24, 1920. on the acquisition of real estate by foreigners
Act of July 29, 2005. on the transformation of the right of perpetual usufruct into the right of ownership
Act of July 26, 1991. on personal income tax
Act of March 11, 1997. on tax on goods and services
Act of July 28, 1998. on inheritance and donation tax as of May 11, 2011
The Act of July 7, 1997. construction law

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