General conditions

1.1. These General Terms (“GT”) govern the relations between the Broker and its clients — sellers (owners) and buyers of real estate (“the Client”) — in brokerage activities under Art. 49–51 of the Commerce Act and the Obligations and Contracts Act.

1.2. The GT are an integral part of every brokerage agreement concluded with the Broker (“the Agreement”). In case of conflict between the Agreement and the GT, the Agreement prevails.

1.3. The GT are provided to the Client before the Agreement is signed — on paper or electronically — and are published at www.votchina.eu. By signing the Agreement, the Client confirms that they have received, read, understood and accept them.

1.4. For the purposes of the GT:

a) “Property” — the real estate that is the subject of the Agreement, or any property introduced by the Broker to a buyer;

b) “Transaction” — any preliminary or final contract by which ownership or another right in rem over a Property is transferred or created, including sale, exchange, donation, contribution in kind, partition, as well as the transfer of shares in a company that owns the Property;

c) “Introduction” — the provision by the Broker of information allowing the Property or the counterparty to be identified: a viewing (in person or by video link), a viewing protocol, a message by e-mail or messenger, sending an offer or an address. An Introduction may be proven by any of these means;

d) “Related persons” — the Client’s spouse or cohabiting partner, relatives in the direct line and in the collateral line up to the second degree, persons who attended the viewing together with the Client, as well as companies in which the Client or such persons are partners, managers or beneficial owners;

e) “Stop deposit” — a guarantee amount paid by the buyer together with their written offer, by which the Property is taken off the market for the agreed period.

2.1. The Broker searches for and introduces properties or buyers, organises viewings, conducts negotiations, checks documents and assists in concluding the Transaction to the extent provided in the Agreement and the marketing plan attached to it.

2.2. The Broker may act for both parties to the Transaction at the same time and receive a commission from each of them under separate agreements. The Client expressly agrees to this. The terms of the agreement with the counterparty are the Broker’s trade secret and are not disclosed.

2.3. In dual agency, the Broker acts in good faith towards both parties, faithfully passes on the offers and information received and, without consent, does not disclose to one party confidential information of the other — including the seller’s minimum price or the buyer’s maximum budget.

2.4. The price and terms of the Transaction are freely negotiated between its parties. The Broker does not guarantee that a certain price will be achieved or that a Transaction will be concluded within a certain period.

2.5. The Broker may assign individual tasks to its employees and associate brokers and is liable for them as for its own actions. The Broker may also work with partner agencies (co-brokerage). When a partner agency takes part in the Transaction, the Client owes no commission to the partner agency unless the Client expressly wishes to engage it for services. Relations between the Broker and the partner agency are governed by a separate agreement between them.

2.6. The Broker does not provide legal representation within the meaning of the Bar Act. Documents are checked for the purposes of the Transaction. The Client may at any time use their own lawyer, valuer or engineer; their fees are borne by the Client unless agreed otherwise.

2.7. The Broker checks the information about the Property with due care but is not liable for false data or documents provided by the counterparty or by public authorities, nor for the counterparty’s failure to perform its obligations under the Transaction.

3.1. The amount of the commission is set in the Agreement. The amounts stated are final — VAT included where VAT is due.

3.2. The commission is due when a Transaction is concluded with a Property or a person introduced by the Broker, regardless of the form of the Transaction, the final price, and whether the Transaction is concluded by the Client personally, through a proxy or through a Related person.

3.3. The commission is paid within 3 (three) business days after signing the final contract (the notarial deed). Where the price under the preliminary contract is paid in instalments, the commission is paid upon payment of the first instalment under it. The Agreement may provide for a different time of payment.

3.4. The commission is also due when the Transaction is concluded within 12 (twelve) months after the termination of the Agreement — with a Property or a person introduced by the Broker while the Agreement was in force.

3.5. Payment is made to the Broker’s bank account stated in the Agreement, or in cash at the office against a receipt, in compliance with the Act on Limiting Cash Payments (payments equal to or exceeding €5,112.92 are made by bank transfer only).

4.1. Verbal offers do not take a Property off the market. The buyer submits a written offer together with a stop deposit under a Guarantee Agreement concluded with the Broker. The amount of the stop deposit is set by the Broker according to the price of the Property, but is not less than €1,000.

4.2. A stop deposit of €5,000 or more is paid by bank transfer only.

4.3. After the written offer is accepted, the parties have up to 5 (five) days to agree on the terms and up to 10 (ten) days to sign the preliminary contract, unless otherwise agreed in the Guarantee Agreement.

4.4. What happens to the stop deposit is governed by the Guarantee Agreement. As a rule, it is not passed on to the seller but is deducted from the Broker’s commission or returned to the buyer after payment of the first instalment under the preliminary contract. If the buyer unjustifiably refuses to sign a preliminary contract on agreed terms, the stop deposit is retained — 50% for the seller and 50% for the Broker. If the Transaction is not concluded for a reason for which the buyer is not responsible, the stop deposit is refunded in full.

4.5. The Broker does not hold the purchase price. Payments under the Transaction are made directly between the parties — by bank transfer, through a notary deposit account or a bank escrow account. If funds under the Transaction are nevertheless received by the Broker, the Broker may set off the commission due to it and transfers the balance to the recipient within 3 (three) business days.

4.6. The parties to the Transaction may agree to withhold part of the price (a “utility deposit”) until final bills for water, electricity and maintenance fees are presented, where meters are read infrequently (resort complexes, villages).

4.7. The actual price of the Transaction is stated in the notarial deed.

5.1. To provide true and complete data and documents and to notify the Broker of any change in them.

5.2. Not to negotiate or conclude a Transaction with persons introduced by the Broker or for properties introduced by the Broker without the Broker’s knowledge and participation — personally or through Related persons, proxies or other brokers — and to notify the Broker of any direct contact from such a person.

5.3. To keep the information received confidential (addresses, details of owners and buyers, prices, documents) and not to disclose it to third parties or other brokers.

5.4. To sign viewing protocols. A refusal to sign does not cancel the Introduction where it is proven otherwise (e-mail, message, photo, video recording, witness).

6.1. In case of late payment of the commission, the Client owes a penalty of 0.1% of the amount due for each day of delay, but not more than 10% of it.

6.2. In case of breach of the obligation under cl. 5.2, the Client owes the Broker a penalty equal to the commission that would have been due had the Transaction been concluded with the Broker’s participation.

6.3. The penalties do not exclude the right to compensation for greater damages under the general rules.

7.1. Where the Client is a consumer and the Agreement was concluded off the Broker’s premises (including during a viewing) or at a distance (by e-mail, by scanned copies or electronic signature), the Client may withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion. Withdrawal is declared by an unequivocal written statement or by the standard form attached to the Agreement, sent to the Broker’s address or e-mail address.

7.2. By signing the Agreement, the Client expressly requests the Broker to begin performance (advertising, viewings, introducing properties or buyers) before the withdrawal period expires and confirms being informed that the right of withdrawal is lost once the service has been fully performed — i.e. after a Transaction is concluded with an introduced Property or person.

7.3. Exercising the right of withdrawal does not release the Client from the obligation to pay the commission if, within the period under cl. 3.4, the Client concludes a Transaction with a Property or person introduced by the Broker before the withdrawal.

8.1. The Broker is an obliged entity under the Measures Against Money Laundering Act (MAMLA). It identifies the Client and their proxies, requires declarations (including on politically exposed persons, the beneficial owner and the origin of funds, where required by law) and keeps the documents collected for the statutory period.

8.2. If the Client refuses to provide the required information, the Broker may refuse or terminate the brokerage without owing compensation.

9.1. The controller of personal data is the company that is a party to the Agreement (see “Parties” at the beginning of the GT), e-mail: office@votchina.eu.

9.2. Data are processed: to conclude and perform the Agreement (Art. 6(1)(b) of Regulation (EU) 2016/679 — GDPR); to comply with legal obligations under MAMLA, tax and accounting legislation (Art. 6(1)(c)); to protect the Broker’s rights, including proving an Introduction (Art. 6(1)(f)); for marketing and publishing photos and videos — only with consent (Art. 6(1)(a)).

9.3. Recipients of data may be: the counterparty to the Transaction and its proxies, notaries, banks, credit consultants, valuers, lawyers, partner agencies, public authorities, as well as data processors (hosting, CRM, accounting).

9.4. Data are kept for the term of the Agreement and 5 (five) years after its termination, or for the periods under MAMLA and the Accountancy Act respectively.

9.5. The Client has the right of access, rectification, erasure, restriction, portability and objection, and may withdraw consent at any time. Complaints may be filed with the Commission for Personal Data Protection (www.cpdp.bg).

10.1. Notices between the parties are sent to the addresses, e-mail addresses and telephone numbers (including Viber, WhatsApp, Telegram) stated in the Agreement. An electronic notice is deemed received when it enters the recipient’s information system.

10.2. The parties recognise the legal force of documents signed with a qualified electronic signature under Regulation (EU) No 910/2014 (eIDAS), as well as of hand-signed documents exchanged as scanned PDF copies by e-mail.

11.1. The term of the Agreement and the notice period for its termination are set in the Agreement.

11.2. The provisions on commission (cl. 3.4), confidentiality and penalties remain in force after the termination of the Agreement.

12.1. The Agreement and the GT may be drawn up bilingually — in Bulgarian and in English, Russian or German. In case of discrepancy between the texts, the Bulgarian text prevails. The Client declares that they understand the language in which they sign, or have used an interpreter of their choice.

12.2. Bulgarian law applies. Where the Client is a consumer habitually resident in another country, this does not deprive them of the protection of the mandatory rules of that country (Art. 6 of Regulation (EC) No 593/2008 “Rome I”).

12.3. Disputes are settled amicably through negotiation. A consumer Client may also refer to the conciliation committees at the Consumer Protection Commission. Failing agreement, the dispute is settled by the competent court under the general rules.

13.1. The Broker may amend the GT by publishing the new version at www.votchina.eu. Amendments do not affect Agreements already concluded unless the Client accepts them in writing.