General terms and conditions of real estate agency “PARAGON” EOOD when carrying out mediation activities
I. SUBJECT
1. PARAGON EOOD, also referred to as “THE AGENCY” carries out mediation activities related to the purchase and sale, rental and leasing of real estate, and under these GENERAL TERMS and CONDITIONS concludes MEDIATION AGREEMENTS as an intermediary with Clients (also referred to as Principals ).
2. The correspondence address of PARAGON OOD is: 5300, Gabrovo, Vazrazhdane Square No. 5, ground floor, e-mail: office@paragon-bg.com, phone: +359 889507112
3. These General Terms and Conditions, in their entirety or parts of them, apply always and in all cases, when contact is made between the “AGENCY” and a natural and/or legal person, referred to as “Client” or “Principal”, regarding the provision of information , related to the search and offer of real estate (either for purchase and sale, or on the occasion of tenancy relations) or conditions are agreed on the conclusion of a Mediation Agreement for carrying out a transaction with real estate, or whenever there is a concluded Mediation Agreement.

II. TERMINOLOGY
4. The meaning of the terms and definitions used and specified below in the General Terms and Conditions, the Mediation Agreements concluded with the “CONTRACTORS” (“CLIENTS”) of the AGENCY and other documents used by the AGENCY on the occasion of mediation in real estate transactions, is the following:
4.1. “Deal” means the conclusion of a preliminary and/or final contract for the purchase and sale of real estate or a contract for the rental of real estate between two parties, one of which or both parties is/are a client/ and “THE AGENCY”. To avoid any doubts and differences in interpretation, the transfer of ownership of immovable property/s to a third party and/or to a CLIENT OF THE AGENCY, to a third party and/or to a CLIENT with the help of the mediation of the “AGENCY” is also a transaction as immovable property or by contributing him/her to the capital of a legal entity owned or controlled by a third party and/or CLIENT; the transfer of direct or indirect control over the Property/s or their owner to a third party and/or CLIENT; the attraction of a third party and/or a CLIENT as an investor in the Property/s or in the company-owner or in persons exercising control over them, incl. and by direct financing, contribution, equity investment, equity loan, covering or securing a bank loan, or any other form of investment or joint venture in relation to the Property/s, etc.
4.2. “Property” is the real estate described in the “Contract for Mediation”, described in the “Inspection Protocol” organized by the “AGENCY” and/or property for which the Client has received information from the “AGENCY”.
4.3 “Customer” of the AGENCY, also called “PURCHASER” is a natural or legal person who receives information from the “AGENCY” related to the search and offer of real estate in connection with the mediation activity carried out by the “AGENCY” in real estate transactions and /or is bound by a Mediation Agreement with “THE AGENCY”. “CUSTOMER OF THE AGENCY” is also any natural or legal person specified in the Inspection Protocol or a person related to it who attended a property inspection organized by the “Agency” and/or received information from the “Agency”, the Client of The Agency may not have concluded an Intermediation Agreement, may not have a written but verbal Intermediation Agreement, as well as be a client of another intermediary with whom the “AGENCY” has commercial relations.
4.4 For “The price requested by the Client of the Agency” the amount specified in the Mediation Agreement, in the Annexes to the Mediation Agreement, in the correspondence by e-mail, fax and/or entered on paper at the address of the “Agency” is accepted, as and in the Inspection Protocol, in order to avoid misunderstandings about the price requested by the Client of the Agency, the price that was last known to the “Agency” in the ways listed above will be considered.
4.5. The “Sale price of the property” shall be the amount indicated in the Preliminary Purchase and Sale Agreement, in the absence of such a contract, the amount indicated in the final purchase and sale agreement of the property.
4.6. “Rental price of a property” shall be the amount determining the average monthly rent of the property, according to the Lease Agreement and its term.
4.7. “Mediation Agreement” and/or “Order” means the Agreement by which the clients entrust the “AGENCY”, and the “AGENCY” accepts to mediate for them in the implementation of a real estate transaction, against payment of an intermediary (also called ” commission”) remuneration.
4.8. “Inspection” is organized by the AGENCY, at the request of a client of the AGENCY, a meeting on the territory of a property for which the client has previously received information from the AGENCY, which meeting is carried out with the aim of getting to know the characteristics and condition of the property on the occasion of intentions of the client for the realization of a transaction with the real estate.

4.9. “Inspection protocol” (in singular or plural) is a private document certifying the circumstances described in it, such as the date and time of the real estate inspection, the price requested by the client of the agency, etc.
4.10. “Mediation Fee” (or Commission Fee) means the remuneration of the “AGENCY” for services provided, agreed under the terms of the Mediation Agreement.
4.11. “Normal Intermediary Fee” of the AGENCY is in the amount of 3% (three percent) of the sales price, but not less than 800 EURO (paid upon conclusion of a preliminary contract) and 50% (fifty percent) of the rental price of the property , in rental transactions.
4.12. 30% (thirty percent) of the value of the agreed remuneration under it or of the Usual Mediation Fee, but not less than 600 EURO, are accepted as “Minimum expenses” for the execution of the Mediation Agreement

III. CONCLUSION OF ARBITRATION AGREEMENTS
5. A CLIENT OF THE AGENCY, who signed a Mediation Agreement for the sale of a property, declares that he is the owner of the property and acts with the consent of the other co-owners, (or if he is not the owner, that he has a valid representative power to conclude the order and his power of attorney does not is void or withdrawn), that all other owners agree to the sale of the property, that the property has the necessary ownership documents for the sale, and that the property has no encumbrances (mortgages, foreclosures, claims, established real rights, etc.), except explicitly stated in the contract and that there are no objective reasons that prevent the sale of the property.
6. In cases where there is more than one contracting party under a mediation contract, their obligations under the contract are joint and several.
7. The AGENCY and CLIENTS may conclude Mediation Agreements between themselves, as well as agreements, annexes and other documents related to the implementation of mediation activity, remotely, using e-mail, courier or postal delivery, or fax.

IV. REFUSAL OR TERMINATION OF MEDIATION AGREEMENT BY THE AGENCY
8. The AGENCY may refuse to enter into a Mediation Agreement or terminate it unilaterally with a written notification to the CONTRACTOR(S) in the following cases:
8.1. if the requirements and/or conditions set by the Contracting Authority contradict the agreements reached, according to these “General Terms and Conditions”;
8.2. if the requirements and/or conditions set by the Contracting Authority are not in line with the market situation and/or contradict good manners;
8.3. if the Employer shows an incorrect or disrespectful attitude towards the AGENCY or towards an employee/s of the AGENCY.

V. EXCLUSIVE RIGHTS
9. In the case of agreed exclusive brokerage rights (exclusivity) for the sale or lease of real estate, the CLIENT of the AGENCY undertakes not to offer the property for sale and/or lease the property himself, through a third party or through another intermediary, as and not to conduct inspections of the property without the presence of a representative of the AGENCY. In the event that the property is entered into a preliminary contract or the property is sold with a final contract during the term of the signed Brokerage Agreement with an exclusivity clause with the AGENCY, due to the nature of the exclusive rights, the property is considered to be sold with the mediation of the AGENCY, with all resulting rights, obligations, responsibilities and consequences. In the event that the property is rented out during the term of the concluded Brokerage Agreement with an exclusivity clause, due to the nature of the exclusive rights, it is considered that the property is rented out with the mediation of the AGENCY, with all the rights, obligations, responsibilities arising therefrom and consequences.
10. Under the terms of a concluded Mediation Agreement with agreed exclusive mediation rights (exclusivity) for the purchase or rental of real estate, the CLIENT of the AGENCY undertakes the main obligation not to look for a property for purchase or rental by himself, through a third party or through another intermediary , and not to conduct inspections for the purchase or rental of a property, without the presence of a representative of the AGENCY and if, within the term and under the conditions of a concluded Mediation Agreement with an exclusivity clause, he concludes a preliminary contract for the purchase of a property and/or purchases real estate with final contract, due to the nature of the exclusive rights, the property is deemed to have been purchased through the agency of the AGENCY, with all rights, obligations, responsibilities and consequences arising from this presumption. In the event that the CLIENT leases real estate, due to the nature of the exclusive rights, the property is deemed to be leased through the agency of the AGENCY, with all the resulting rights, obligations, responsibilities and consequences of this presumption.

VI. CONDUCTING REAL ESTATE VIEWS
11. The AGENCY organizes and conducts inspections of real estate with clients in case of concluded mediation Agreement. Protocol(s) for the inspection(s) are drawn up for the conduct of real estate inspections organized by the AGENCY. The inspection protocol is an integral part of the Mediation Agreement and documents the following factual relationships and circumstances essential for the implementation of the subject of the Mediation Agreement:
11.1. By signing the Inspection Protocol, the client of the Agency under the Real Estate Brokerage Agreement confirms that the property/s subject to inspection has been offered to him, indicating that the AGENCY has informed him about the property.
11.2. By signing the Inspection Protocol, the client of the AGENCY under a Real Estate Brokerage Agreement confirms that the potential buyer(s) or tenant(s) brought to inspect their property is/are provided by the AGENCY, in his/her capacity as a client/s with the mediation of the AGENCY.
12. The protocol for the inspection(s) is kept in one original copy, which remains for the Agency, as well as one copy completely identical to the original, which is for the CLIENT.
13. In the cases where the CLIENT/S of the AGENCY, regardless of whether under a Brokerage Agreement for the sale or rental of real estate, or under a Brokerage Agreement for the purchase or rental of real estate, does not personally attend the inspection, but authorizes/ orally and/or in writing a third party to represent him/her during the inspection, in this case verbally and/or in writing The third party authorized by the CLIENT of the AGENCY is obliged to sign the inspection protocol, and the CLIENT accepts the actions performed by the third person as own.
14. When filling out the Inspection Protocol, it is possible that the designation and/or address of the property subject to inspection may be described differently from the designation and address according to the title document, due to the circumstances that the current administrative address of the property has changed, and in the title document shows the old address, due to the fact that the Property according to the documents has a different status from the actual one, a different description of the property is possible due to the non-presentation and/or lack of valid title documents when concluding the Mediation Agreement or during the inspection, another possibility is due to the fact that the AGENCY Employee was misled about the essential characteristics of the property, necessary for its exact individualization.

VII. CONCLUSION OF REAL ESTATE DEALS
15. In its capacity as an intermediary in real estate transactions, the AGENCY participates in the conclusion of the preliminary contract for the purchase and sale of the property or a contract for the rental of the property.
16. The preliminary contract or the rental contract is drawn up in the corresponding number of identical copies, one of which is for the AGENCY.
17. The AGENCY assumes the obligation to assist the parties in finding mutually beneficial solutions in case of disputes and in smoothing out contradictions, the AGENCY does not guarantee the fulfillment of the obligations assumed by the parties under the concluded contracts and is not responsible for their non-fulfillment.

VIII. INTERMEDIARY FEES
18. The CLIENT of the AGENCY owes remuneration under the conditions specified in the concluded Mediation Agreement. The CLIENT’s refusal of the service guaranteed by the contract, provided by the AGENCY, is not a reason for a reduction or non-payment of the remuneration specified in the contract, the same is due due to the very fact of connecting the parties to the transaction.
19. The amount, term and methods of payment of the Remuneration for performing the mediation service are determined according to the concluded mediation contract.
20. The CLIENT-seller or lessor of a property owes the remuneration specified in the mediation contract also in cases where:
20.1. after the termination of the brokerage contract concluded a transaction with a client provided to him by the AGENCY.
20.2. the property is co-owned, regardless of the fact that the other co-owners are not party to the mediation agreement. In this sense, the Assignor under the mediation contract owes the agreed remuneration in full, regardless of his quota of ownership of the property.
20.3. entered into a transaction for the property with a person related to a client of the Agency, in the sense of §1, paragraph 1 of the Commercial Law or a person with whom the client has a close, friendly or collegial relationship, or a person to whom the client is a creditor or debtor, or a person who accompanied the client during the inspection of the property, or a person who requested from the AGENCY and received on behalf of the client, information about the property on the occasion of the mediation transaction.
20.4. concluded with a client of the agency or with a person related to him in the sense of these General Terms and Conditions, another type of transaction having a rem effect on the property (exchange, donation, establishment or sale of the right to build, or establishment of the right of use, sale to a sole trader or Commercial Company, in which the Insured property is an asset, etc.), or concluded a deal with a client for another property of his (or property owned by a related person), located in the same building as the property subject to the contract.
21. The CLIENT, buyer or lessee, owes the remuneration specified in the mediation agreement also in cases where:
21.1. after the termination of the mediation contract, entered into a transaction with a property that was the subject of an Inspection Protocol.
21.2. concluded a transaction with a property under Art. 21.1 through a related party, in the sense of §1, paragraph 1 of the Commercial Law or through a related person in the sense of these General Terms and Conditions, a person, namely: a third party acting in favor of the Client, or a person , in whose favor the Client acts, or a person with whom the client has a close, friendly or collegial relationship, or a person to whom the client is a creditor or debtor, or a person who accompanied the client during the inspection of the property, or a person requested from the AGENCY and received on behalf of the client, information about the property on the occasion of the mediation transaction.
21.3. conclude personally or through a related person within the meaning of these General Terms and Conditions, another type of transaction having a material legal effect on property under Art. 21.1 such as exchange, donation, establishment or sale of the right to build, or establishment of a right of use, sale of a Sole trader or Trading Company in which the Insured property is an asset, etc.
22. In view of the relations accepted by the parties, according to these General Terms and Conditions, in case of agreed exclusive mediation rights for carrying out a transaction with real estate, the Principal owes the agreed remuneration if, within the term of the mediation agreement, he concludes a transaction on the subject of this agreement, without being it is necessary to prove whether the transaction was carried out with the mediation of the AGENCY.
23. The CONTRACTOR under a mediation contract owes an additional fee according to the agreement, if he assigns to the CONTRACTOR actions related to repair and maintenance of the property, removal of encumbrances on the property, provision of documents and copies of documents, preparation of notarial acts, representation and other actions from similar character.
24. Whenever the amount of the due remuneration cannot be established or proven by a written mediation agreement, it is assumed that the mediation Agreement is oral, and the usual remuneration of the AGENCY for similar type of mediation transactions is taken as the due remuneration.
25. Whenever the due date of the mediation fee cannot be established or proven by a written mediation agreement, it is assumed that the due date of the fee is as follows:
25.1. in transactions for the purchase or sale of real estate – on the date of conclusion of a preliminary contract for purchase and sale, and if no such contract has been concluded, on the date of signing of the final contract for purchase and sale of the property, before the registration of the same.
25.2. for real estate lease transactions – on the date of conclusion of the Lease Agreement.
26. The AGENCY can negotiate with clients other than the usual commission fees, as well as negotiate different fees depending on the type of property, the market situation, factual and legal complexity

IX. RESPONSIBILITIES
27. If the Employer does not fulfill a promise of a transaction or withdraws from the Mediation Agreement, the AGENCY has the right to seek the usual expenses incurred in the execution of the order.
28. If the CONTRIBUTOR under a concluded mediation contract fails to fulfill its obligations under the clause for granted exclusive mediation rights or terminates the Agreement before the deadline, it owes the AGENCY a PENALTIES in the amount of 50% of the agreed mediation fee, regardless of the foreseen remaining consequences of this non-performance.
29. If the CONTRIBUTOR delays the payment of remuneration and/or penalty under the mediation contract, he owes interest on the principal in the amount of 0.5% for each day overdue, but not more than 15% of the amount of the remuneration.
30. If the CONTRIBUTOR enters into a transaction with a client or property subject to a Mediation Agreement, according to a concluded Mediation Agreement, without the knowledge of the AGENCY or delays the payment of remuneration under the mediation agreement for more than 30 days from the due date, or refuses to pay the agreed remuneration , or paid only a part of it, the AGENCY has the right to demand payment of the negotiated brokerage fee, together with a penalty in the amount of 50% of the principal.

X. PROTECTION OF PERSONAL DATA
31. The AGENCY collects, processes and provides information in its capacity as a registered administrator of personal data in the Electronic Register of the Commission for the Protection of Personal Data. Attention! According to Article 3, Paragraph (1), Item 7 of the Law on Copyright and Related Rights, photographs and works created in a manner analogous to photography are protected objects! Using them without the consent of the copyright holder is a crime within the meaning of Article 172a of the Criminal Code of the Republic of Bulgaria and is punishable by imprisonment for up to five years and a fine of up to five thousand BGN!

XI. SETTLEMENT OF DISPUTES. APPLICABLE LAW
32. Any disputes regarding the implementation of Mediation Agreements and/or the General Terms and Conditions, including disputes regarding their interpretation, invalidity, non-fulfillment or termination, as well as disputes related to filling gaps in the Mediation Agreements, or documents related to the activity of PARAGON and/or or these General Terms and Conditions or their adaptation to new circumstances will be settled by mutual agreement between the parties, or if this proves impossible, will be referred to the competent court for decision.

XII. FINAL PROVISIONS
33. These General Terms and Conditions have been approved by the Manager of PARAGON EOOD and are published on the website of the AGENCY at https://paragon-bg.com/general-terms
34. All amendments and/or additions to the General Terms and Conditions are announced in accordance with the previous point.
28/02/2024