Terms and Conditions
Consumer Information
Pursuant to Sections 1811(2) and 1820(1) of Act No. 89/2012 Coll., the Civil Code, as amended and in effect (hereinafter referred to as the "Civil Code")
Issued by the real estate broker MOJU REAL ESTATE s.r.o.
Registered office: Dukelských hrdinů 564/34, 170 00 Prague 7
Company ID (IČO): 22183604
Phone: +420 226 200 910
Email: info@moju.cz
(hereinafter referred to as the "Broker")
Addressed to all potential clients of the Broker who qualify as consumers under Section 419 of the Civil Code and who are interested in entering into a Real Estate Brokerage Agreement and/or a Reservation Agreement with the Broker regarding real estate transactions and the payment of a commission (hereinafter referred to as the "Client" and the "Brokerage Agreement").
In accordance with applicable legal regulations, the Broker hereby informs each prospective Client (in connection with the Brokerage Agreement they intend to enter into with the Broker) that:
The Brokerage Agreement falls under the Civil Code and Act No. 39/2020 Coll., the Real Estate Brokerage Act (hereinafter referred to as the "REBA");
The service offered by the Broker consists of mediating or arranging: the sale, lease, sublease of real estate, or transfer of a cooperative share to a third party;
The subject of the brokerage service will be offered at the price specified in the Brokerage Agreement (i.e., the agreed price).
Contract Formation
Contracts are concluded by sending a contract proposal to the Client upon request. This proposal contains key information relevant to the future contractual relationship. The proposal is not binding on either the Broker or the Client and serves as the basis for further negotiations. The Client
incurs no obligations towards the Broker merely by requesting the contract proposal.
The Brokerage Agreement is concluded for a fixed term (as specified in the Agreement, but for a maximum of 6 months). Its validity may be repeatedly extended, provided that any extension is agreed upon at least 30 days before the expiration of the original term.
Commission and Payment Terms
The service fee (hereinafter referred to as the "Commission") will be determined in the specific contract and will be either a percentage of the final purchase price (as per the Real Estate Contract) or a fixed lump sum.
For lease/sublease arrangements, the Commission will always be a fixed amount.
The Commission is subject to Value Added Tax (VAT) in accordance with applicable regulations. The current VAT rate is 21%, which will be added to the agreed Commission amount.
The Commission is payable upon the conclusion of the Real Estate Brokerage Agreement and the Reservation Agreement between the Client and the third party introduced by the Broker. Bank transfer is the preferred payment method.
All costs incurred by the Broker in connection with the brokerage services are included in the agreed Commission.
Consumer Rights and Defective Performance
The Client's rights regarding any defective performance of services, as well as the conditions for exercising such rights, are governed by Sections 1914 et seq. of the Civil Code (in particular Sections 1915-1916 and 1921-1925).
Right to Withdraw from the Brokerage Agreement
If the Agreement was concluded outside the Broker's usual business premises, the Client has the right to withdraw from the Agreement without providing a reason within 14 days from the day following the conclusion of the contract.
To exercise this right, the Client must inform the Broker through a unilateral legal statement (e.g., by sending a letter via postal services or an email).
The Client may use the withdrawal form provided below, but its use is not mandatory. If the Client exercises their right to withdraw, the Broker will confirm receipt of the withdrawal notification.
To meet the withdrawal deadline, the notification must be sent before the 14-day period expires.
However, the Broker explicitly informs the Client (pursuant to Section 1837 of the Civil Code) that the right to withdraw does not apply if:
The Client requests the services to begin during the withdrawal period, and
The Broker successfully mediates a transaction (e.g., finds a buyer or tenant) before the Client submits their withdrawal notice.
In this case, the withdrawal will not be considered valid, regardless of whether the Client was already informed about the mediated third party. This does not affect the Client's right to have the matter reviewed by a court.
Model Withdrawal Form
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Notice of Contract Withdrawal
To: [Broker's Address]
Phone: [Broker's Phone]
Email: [Broker's Email]
Subject: Contract Withdrawal
I hereby notify you that I am withdrawing from the Agreement* (Real Estate Brokerage Agreement / Reservation Agreement) dated [insert date], concerning the sale/lease* of real estate located in the cadastral area of [insert details].
Name and surname:
Address:
Date:
Signature:
(*delete as applicable)
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Consumer Complaints and Dispute Resolution
If the Client believes that their consumer rights have been violated, they may file a complaint with:
The Czech Trade Inspection Authority (ČOI)
The municipal trade licensing office responsible for the Broker’s business activities.
For alternative dispute resolution, Clients can visit www.coi.cz, where comprehensive information is available.
All consumer dispute claims between the Broker and the Client must be submitted to the Czech Trade Inspection Authority.
MOJU REAL ESTATE s.r.o.