Exclusive brokerage agreement

EXCLUSIVE BROKERAGE AGREEMENT

Template agreement for exclusive brokerage in the sale of real estate. Personal data, property details, price and deadlines are filled in when the cooperation is agreed.

Drawn up in accordance with the Law on Brokerage in Real Estate Sales and Leasing (“Official Gazette of Montenegro”, Nos. 89/2025 and 114/2026; hereinafter: the Law).

Concluded on __________ in Budva, between:

1. THE BROKER – the real estate agency “SIRIUS NEKRETNINE” D.O.O. Budva, Ulica XIII No. 5, registered in the Central Register of Business Entities under registration number 5-0891551/004, tax ID (PIB) 03263860, represented by its Executive Director Nikola Mladenović.

Email address for delivery of notices: info@siriusnekretnine.com

Telephone number for SMS notices: +38268735233

2. THE PRINCIPAL – ____________________, date and place of birth: ____________________, personal ID number (JMBG): ____________________, residential address: ____________________, identity document number: ____________________, issuing authority: ____________________, date of issue: ____________________, date of expiry: ____________________.

Email address for receiving notices: __________

Telephone number for receiving SMS notices: __________

Article 1. Subject of the Agreement

The subject of this Agreement is the regulation of the mutual relations between the Broker and the Principal in connection with the sale of the following real estate: type and number of the real estate __________, area __________ m², floor __________, address and settlement __________, town __________, real estate title sheet (list nepokretnosti) __________, cadastral parcel __________, cadastral municipality (K. O.) __________, building number __________, which is owned by the Principal, under the conditions and in the manner defined by this Agreement.

Article 2. Authorisation for brokerage

The Principal authorises the Broker, within the framework of exclusive brokerage, to take actions for the sale of the real estate referred to in Article 1 of this Agreement, and in particular to:

advertise and present the real estate under the conditions set out in this Agreement;

communicate with interested persons and organise viewings of the real estate;

put potential buyers in touch with the Principal;

take part in negotiations and take other actions necessary to prepare the conclusion of the legal transaction.

This authorisation does not include the Broker’s right to conclude, in the Principal’s name, a preliminary agreement or a sale and purchase agreement, or to receive a deposit or any part or the whole of the purchase price, except on the basis of a separate power of attorney certified in accordance with the law.

Article 3. Sale and advertised price

The Principal sets the initial sale and advertised price of the real estate referred to in Article 1 of this Agreement at __________ EUR. The sale and advertised price referred to in the preceding paragraph includes the brokerage fee referred to in Article 6 of this Agreement.

The Broker is authorised to advertise and offer the real estate at the stated price. The advertised price may be changed only with the Principal’s prior written or electronic consent.

The final purchase price is the price stated in the concluded sale and purchase agreement.

Article 4. Obligations and warranties of the Principal

The Principal warrants to the Broker that the real estate is exclusively the Principal’s property and that there are no rights of other persons in it that reduce, restrict or exclude the buyer’s rights. If any encumbrances or third-party rights arise, the Principal undertakes to remove them at the Principal’s own expense before the sale and purchase agreement is concluded, unless otherwise agreed with the buyer.

The Principal undertakes to:

make available to the Broker for inspection the original documents proving ownership of the real estate, and provide complete and truthful information on all registered and unregistered encumbrances and other circumstances relevant to the sale;

give the Broker accurate information on the price, location, area, structure and other essential characteristics of the real estate;

allow the Broker and interested persons to view the real estate at previously agreed times;

notify the Broker if a buyer registered by the Broker in accordance with Article 7 of this Agreement contacts the Principal directly;

notify the Broker of any change in the price, the terms of sale, the ownership situation, the rights in the real estate or the intention to sell, within three working days of the change occurring;

pay the Broker the agreed brokerage fee in the manner and within the time limit set out in Article 6 of this Agreement.

The Principal is not obliged to enter into negotiations with a person found by the Broker, or to conclude a sale and purchase agreement with that person. If the Principal does enter into negotiations, the Principal must conduct them in good faith.

Article 5. Obligations of the Broker

The Broker undertakes to perform the brokerage work with the care of a prudent businessperson, and in particular to:

endeavour to find a buyer and put the buyer in touch with the Principal for the purpose of negotiating and concluding the legal transaction;

check the documents proving ownership or another right in rem in the real estate, check the condition of the real estate to the extent necessary for brokerage, and warn the Principal of possible risks relating to registered rights and encumbrances, the right of pre-emption and other restrictions on legal transactions;

advertise and present the real estate in accordance with the conditions of this Agreement and its business policy;

organise viewings of the real estate, applying procedures that reduce the possibility of abuse by interested persons;

mediate in negotiations and take the necessary preparatory actions for concluding the sale and purchase agreement;

inform the Principal of all circumstances relevant to the sale that are known to the Broker or should have been known;

keep records of the brokerage, presentations and viewings of the real estate, in accordance with the law;

at the request of the parties, arrange the conclusion and certification of the preliminary agreement and agreement before the competent notary.

The Principal confirms that, before signing this Agreement, the Principal was given the Broker’s General Terms of Business dated 18 September 2026, together with their Annex 1 – Price List of Additional Services, that the Principal had the opportunity to read them and that the Principal accepts them. The General Terms of Business, together with Annex 1, form an integral part of this Agreement. The Principal expressly agrees to the additional services and costs set out in Annex 1 under the conditions of Article 10 of this Agreement.

In the event of any inconsistency between the provisions of this Agreement and the General Terms of Business, the provisions of this Agreement apply, subject to mandatory regulations.

Article 6. Brokerage fee

The Broker acquires the right to the brokerage fee upon the conclusion of a sale and purchase agreement with a buyer whom the Broker, through its brokerage, has put in touch with the Principal. The conditions of Articles 7 and 9 of this Agreement apply to a purchase through a related person and to a sale concluded after the termination of this Agreement.

The brokerage fee is 5% of the finally agreed purchase price of the real estate and is the final total amount that the Principal pays to the Broker as the brokerage fee, regardless of the Broker’s tax status and any changes to it during the term and performance of this Agreement.

VAT is not added to the agreed brokerage fee, and the amount payable by the Principal is not increased because an obligation to calculate VAT arises. If a statutory obligation to calculate VAT arises for this service, the Broker will calculate and show the VAT within the agreed fee of 5%, without any additional charge to the Principal.

The brokerage fee falls due only after the entire purchase price has been received. Receipt of the purchase price means payments to the Principal’s account, as well as amounts that the buyer, in accordance with the sale and purchase agreement or the Principal’s written consent, has paid to a bank or another creditor of the Principal in order to settle the Principal’s obligation, if such payments are credited towards the buyer’s obligation to pay the purchase price.

The Principal must pay the entire brokerage fee within seven days of receiving the entire purchase price or, where payment in instalments or financing by bank loan has been agreed, of receiving the first payment of the purchase price. The period begins to run only once all of the following conditions are met: the Principal has received the relevant payment, the Broker has acquired the right to the fee, and the invoice has been delivered to the Principal.

The fee is paid to the business bank account of the Broker, the company “Sirius nekretnine” d.o.o. Budva, No. 565-0000000005457-12 at Lovćen banka AD Podgorica or, for payments from abroad, to the account IBAN ME25 5650 0501 0002 4907 48, SWIFT/BIC LOVBMEPGXXX, through the correspondent bank Raiffeisen Bank International AG, Vienna, SWIFT/BIC RZBAATWW; the same payment instructions are also stated on the invoice issued.

Article 7. Registration of buyers

The Broker registers a buyer by sending a notice from its email address to the Principal’s email address stated in this Agreement. The notice contains the buyer’s first and last name or other data sufficient to identify the buyer, as well as information on when the real estate was offered or shown to the buyer.

A buyer is deemed registered when the notice has been delivered to the Principal’s agreed email address so that it is available to the Principal. No separate consent of the Principal is required for registration, nor is it a condition that the Principal actually reads the message.

The Broker keeps the notice, data on the time and address of delivery, proof of delivery and evidence of the actions taken in relation to the buyer. Delivery may be proven by a delivery receipt, a reply from the Principal or other appropriate records. The mere absence of a failed-delivery notification is not considered sufficient proof of delivery.

The Broker may additionally send the Principal a notice by SMS. Subsequent deletion of a duly delivered message does not affect the buyer’s completed registration.

The parties must notify each other without delay of any change of email address or telephone number. Until notice of the change is received, the last communicated address is used, applying the delivery rules of this Article.

The provisions on a registered buyer also apply to a person who, by agreement with the registered buyer or for the registered buyer’s account or in the registered buyer’s interest, concludes a sale and purchase agreement for the real estate, if the conclusion of that agreement is the result of the Broker’s prior actions towards the registered buyer. This may be a spouse or cohabiting partner, a relative, a related legal entity or another related person. A family, business or other connection alone is not sufficient unless the stated conditions are met.

Registration of a buyer serves to record brokerage actions. Registration alone, without fulfilment of the conditions of Articles 6 and 9 of this Agreement, does not create a right to a brokerage fee.

Putting a buyer in touch with the Principal also includes the case where the buyer, on the basis of photographs, descriptions, location or other information about the specific real estate supplied by the Broker, independently establishes contact with the Principal and that contact leads to the conclusion of a sale and purchase agreement. In that case, further negotiation and conclusion of the agreement without the Broker’s involvement do not exclude the Broker’s right to the fee, applying the conditions and time limits of Articles 6 and 9 of this Agreement.

Article 8. Term and extension of the Agreement

This Agreement is concluded for a fixed term, from __________ to __________. The parties may extend the term of the Agreement by written or electronic consent.

Article 9. Exclusive brokerage and legal consequences

During the term of this Agreement, the Principal undertakes not to engage another broker to mediate in the sale of the real estate referred to in Article 1 of this Agreement.

If, during the term of this Agreement, the Principal concludes a legal transaction through another broker, the Principal must pay the Broker that is a party to this Agreement, as compensation for damages, the amount of the brokerage fee determined by Article 6 of this Agreement, within seven days of receiving the Broker’s reasoned written request with a calculation of the amount claimed, regardless of whether the purchase price has been paid to the Principal.

If, during the term of this Agreement, the Principal concludes a sale and purchase agreement with a registered buyer whom the Broker, through its brokerage, has put in touch with the Principal, the Broker is entitled to the brokerage fee under the conditions of Article 6 of this Agreement. The same applies to a purchase through a related person if the conditions of Article 7 of this Agreement are met.

If, within nine months after the termination of this Agreement, the Principal concludes a sale and purchase agreement with a registered buyer or a related person under the conditions of Article 7, the Broker is entitled to the brokerage fee only if the sale is a direct consequence of the Broker’s brokerage before the termination of this Agreement. Article 6 of this Agreement applies to the amount of the fee and the time limit for payment.

The Principal may independently advertise the real estate and directly conclude a sale and purchase agreement with a buyer whom the Principal found personally, without any obligation to pay a brokerage fee, if the sale is not the result of the Broker’s brokerage. This possibility does not exclude the obligation to pay the fee where the conditions for a purchase through a related person under Article 7 of this Agreement are met.

The Broker is not entitled to charge, for the same legal transaction, both a brokerage fee and compensation for damages for the engagement of another broker at the same time.

The Principal confirms that, before signing this Agreement, the Broker specifically warned the Principal of the meaning and legal consequences of the exclusive brokerage clause, including the consequences of engaging another broker.

Article 10. Termination and consequences of termination of the Agreement

Either party may terminate this Agreement in written or electronic form, without being obliged to state reasons. Termination takes effect when it is delivered to the other party. If the Principal terminates the Agreement before the end of the agreed period or abandons the sale, the Principal must reimburse the Broker only the costs of the additional marketing services under Annex 1 of the General Terms of Business that were actually performed or ordered up to the termination of the Agreement. By signing this Agreement, the Principal expressly agrees to, and accepts in advance, the types and amounts of those costs, so no additional consent is needed for each individual order. Third-party costs are charged in the amount actually incurred and documented, up to the limits set out in Annex 1, and the Broker’s services are charged at the fixed amounts set out in Annex 1. The Principal must pay the costs under this Article within seven days of receiving the Broker’s invoice with a specification of the services and costs. If the Agreement ends upon expiry of the agreed term, or a sale and purchase agreement is concluded, those costs are not charged separately.

Article 11. Dispute resolution and governing law

The parties will try to resolve any disputes amicably. If an agreed solution is not possible, the court with subject-matter and territorial jurisdiction in Montenegro will have jurisdiction over the dispute. The regulations of Montenegro apply to this Agreement.

Article 12. Number of copies of the Agreement

This Agreement is drawn up in 2 (two) identical copies, of which each party keeps one. The Broker’s General Terms of Business referred to in Article 5 of this Agreement, together with their Annex 1 – Price List of Additional Services, are attached to each copy of the Agreement and form an integral part of it. The exchange of handwritten-signed and scanned copies of this Agreement via the parties’ agreed email addresses is deemed a valid way of concluding the Agreement.

THE PARTIES