10. Contract de intermediere vânzare imobiliară. Analiza caracterului abuziv al unei clauze contractuale din perspectiva art. 1 din Legea nr. 193/2000
10. Real estate sale agency agreement. The examination of the abusive nature of a contractual provision from the perspective of art. 1 of Law no. 193/2000

Summary/Abstract: The simple affirmation that a clause is of abusive nature as it is provided in a pre-formulated standard agreement is not sufficient for declaring it as being abusive, however, it is necessary that such a clause, by itself or together with other provisions of the agreement, should create, to the detriment of the consumer or contrary to good faith, a significant imbalance between the rights and obligations of the parties. The clause of a sheet of viewing a real estate, in which the consumer, being a client of a real estate agency, certifies that he took note of that estate for the first time, through the agency of the respective real estate agency, is a clear, unequivocal clause, aiming at an objective aspect and for the understanding of which no speciality knowledge is needed on the consumer’s part, thus it being observed the provisions of art. 1 para (1) of Law no. 193/2000.

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