General Terms and Conditions
PERFECT NEKRETNINE doo Horvaćanska cesta 166, Zagreb
In accordance with the provisions of the Real Estate Brokerage Act (OG107 / 07,144 / 12)
I. INTRODUCTORY PROVISIONS
These General Terms and Conditions regulate the conditions for performing real estate brokerage of the company PERFECT NEKRETNINE doo (hereinafter referred to as the Broker). Conclusion, fulfillment and termination of contracts for real estate brokerage, rights and obligations of Brokers and Principals, and brokerage fees.
Certain terms in terms of these General Terms and Conditions have the following meanings:
1. A real estate broker is a company, sole trader or craftsman, registered for the performance of real estate brokerage activities with its registered office in the territory of the Republic of Croatia. A real estate agent is also a company, sole trader or craftsman, registered to perform real estate brokerage activities which has its registered office in the territory of a Contracting State to the Treaty on the European Economic Area.
2. A real estate brokerage agent is a natural person who is registered in the Directory of Real Estate Brokerage Agents.
3. Real estate brokerage the actions of the Real Estate Broker concerning the connection of the Principal and the Third Party and negotiations and preparations for concluding legal transactions which are the subject of a particular real estate, especially in the purchase, sale, exchange, lease, lease, etc.
4. The Principal is a natural or legal person enters into a written Brokerage Agreement with the Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
5. A third party is a person whom the Real Estate Broker seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions to which a particular real estate is the subject.
The Intermediary receives and / or submits offers for concluding an Intermediation Agreement with the Principals on the basis of information received by the Intermediary in writing and / or orally from the Principals who offer their real estate for sale, lease or rent.
The Intermediary retains the possibility of error, and previous sale or cancellation by the Client.
III. REAL ESTATE AGENCY AGREEMENT
1. The Real Estate Brokerage Agreement obliges the Broker to try to find and connect with the Principal a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain real estate right, and the Client undertakes to pay him a certain brokerage fee. if that legal transaction is concluded.
2. The contract on real estate brokerage shall be concluded in writing and for a definite period of time.
3. If the contracting parties do not agree on the term for which they conclude the Brokerage Agreement, the Real Estate Brokerage Agreement shall be deemed concluded for a certain period of 12 months and may be extended several times by agreement of the parties.
4. The Contract concluded between the Intermediary and the Principal must contain information on the Intermediary, the Principal, the type and essential content of the work for which the Intermediary mediates, the intermediary fee and possible additional costs incurred when the Intermediary in agreement with the Principal performs for him and others. services related to the business that is the subject of mediation.
5. If within 12 months after the termination of the Mediation Agreement the Client concludes a legal transaction as a result of the Mediator's actions before the termination of the Mediation Agreement, he is obliged to pay the Mediation fee in full, unless otherwise agreed in the Agreement.
Article 5 Termination of the Mediation Agreement
1. A mediation contract concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded, if the contract for which mediation was not concluded has not been concluded within that period or by termination of either of the contracting parties.
2. The Client is obliged to reimburse the Broker for the costs incurred for which it was otherwise explicitly agreed that the Client pays them separately.
3. If within 12 months after the termination of the Mediation Agreement the Client concludes a legal transaction as a result of the Mediator's actions before the termination of the Mediation Agreement, he is obliged to pay the Mediation fee in full, unless otherwise agreed in the Agreement.
Article 6 Exclusive mediation
1. By the contract on mediation, the Client may undertake not to hire any other Intermediary for the mediated work (exclusive mediation), which obligation must be explicitly agreed.
2. If during the duration of the Exclusive Mediation Agreement the Client has entered into a legal transaction through the Mediator through another Mediator, for which the exclusive Mediator was given a brokerage order, he is obliged to pay the exclusive Mediator the agreed brokerage fee and possible additional actual costs incurred during the mediation. for the said mediated work.
3. When concluding the Agreement on Exclusive Mediation, the Intermediary is obliged to warn the Client of the meaning and legal consequences of this clause.
4. The provisions of Article 4 of these General Terms and Conditions shall also apply to the Exclusive Mediation Agreement.
IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
Article 7 Obligations of the intermediary
By the real estate brokerage contract, the Broker undertakes to perform in particular the following:
1. try to find and bring in contact with the Client a person for the purpose of concluding an intermediary deal,
2. acquaint the Client with the average market price of similar real estate,
3. obtain and inspect documents proving ownership or other real right to the real estate,
4. perform necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner and perform all other actions agreed in the Real Estate Brokerage Agreement that exceed the usual presentation, for which he is entitled to special, pre-stated costs,
5. enable inspection of real estate ,
6. to mediate in the negotiations and try to reach an agreement, if he has specifically undertaken to do so,
7. to keep the personal data of the Client and, upon a written order of the Client, to keep as a business secret the data on the real estate for which he is mediating or in connection with that real estate or with the business for which he is mediating.
8. If the subject of the Contract is land, check the purpose of the land in accordance with the regulations on spatial planning relating to that land, inform the Client of all circumstances relevant to the intended work that are known or must be known to him.
Article 8 Obligation of the Principal
Conclude a Brokerage Agreement with the Broker, and:
1. inform the Broker of all circumstances that are important for the brokerage and provide accurate information about the property and if he has to give the Broker a location, construction or use permit for the property that is the subject of the Agreement and give to provide the Broker with evidence of fulfillment of obligations to a third party,
2. provide the Broker with documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the Contract and warn the broker of all registered and unregistered encumbrances on the real estate.
3. provide the Broker and the Third Party interested in concluding the brokered deal with a tour of the real estate,
4. inform the Broker about all relevant information about the requested real estate, which includes in particular the description of the real estate and the price,
6. if it is explicitly agreed to reimburse the Broker for expenses incurred during the mediation that exceed the usual costs of mediation,
7. notify the Broker in writing of any changes related to the business for which he authorized the Broker, and especially changes related to real estate ownership.
The Client is not obliged to enter into negotiations for concluding a brokered deal with a Third Party found by the Broker, nor to enter into a legal deal. The client will be liable to the mediator for damages, if he did not act in good faith and is obliged to reimburse all costs incurred during the mediation, which may not exceed the agreed brokerage fee for the mediated work.
The Client will be liable for damages if he acted fraudulently, if he failed to provide or provided incorrect information relevant to the brokerage business in order to complete the brokerage business.
The cost of administrative or court fees incurred for the purpose of obtaining the necessary ownership and other documentation that are a prerequisite for placing real estate on the market, registration of ownership in the land register, drawing up contracts and documents in the form of notarial documents shall be borne by the Client.
V. INTERMEDIARY FEE
The amount of the mediation fee is determined by the Mediation Agreement.
The agreed brokerage fee includes the execution of all actions of the Broker listed in these General Terms and Conditions in Art. 7. In the case of performing activities that are not covered in Article 7 of the General Terms and Conditions based on the request of the Client, the price of the brokerage hourly rate is HRK 300.00.
In the case of performing actions that are not covered by Article 7 of the General Terms and Conditions based on the request of the Client, he is obliged to reimburse the Mediator in addition to the fee for the spent brokerage hour and the actual costs of performing these actions.
In the event that the concluded legal transaction includes the conclusion of a Preliminary Agreement by which the Principal and the Third Party undertook to enter into the main Agreement in relation to the real estate subject to mediation and by which the Preliminary Agreement agreed payment of a down payment and / or on the day of concluding the Preliminary Purchase Agreement, undertakes to pay the Broker a brokerage fee in full.
In the event that the concluded legal transaction includes the conclusion of a Preliminary Agreement by which the Principal and the Third Party undertook to enter into the main Agreement in relation to the real estate subject to mediation, but which did not agree on payment of down payment and / or part of the agreed purchase price. undertakes to pay the mediation fee in full to the Mediator on the day of concluding the main Agreement, ie on the day of expiration of the deadline determined by the Preliminary Agreement for concluding the main Agreement. In the event that the concluded legal transaction includes the conclusion of the main Agreement in relation to the real estate that is the subject of mediation, the Client undertakes to pay the brokerage fee in full to the Broker on the day of concluding the Purchase Agreement.
The Ordering Party is also obliged to pay the Fee when it has concluded a legal transaction with a Third Party, to which the Intermediary has pointed out and with which the Intermediary has brought it into contact, which is the legal business of the real estate that is the subject of mediation.
It is considered that the Intermediary has enabled the Client to contact the Third Party if:
- Directly took or sent the Client for a tour of the real estate in question,
- Organized a meeting between the Principal and the Third Party to negotiate a legal transaction,
- Communicated to the client the name and surname, ie company, telephone number, fax number, e-mail address of the Third Party authorized to enter into a legal transaction or communicated the exact location of the requested real estate.
After the termination of the Contract, the Intermediary is entitled to compensation within 12 months and in cases where the Client concludes a legal transaction with a Third Party as a result of the intermediary's actions before the termination of the Intermediation Agreement.
If the Client withdraws during the conclusion of the mediated transaction (after the Intermediary has submitted an acceptable offer), he is obliged to pay the Intermediary the amount of the agreed fee.
The mediator is entitled to compensation if the spouse or extramarital partner, descendant or parent of the Principal; that is, a company, institution or other legal entity that the Client, his spouse or common-law partner, descendant or parent founder or legal representative, or with which he has concluded an employment contract or employment contract, concludes a mediated legal transaction with a person with whom the Mediator He brought the client into contact.
YOU. FINAL PROVISIONS
For everything that is not explicitly determined by these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act, and other legal regulations will apply.
The General Terms and Conditions apply from May 13, 2014
Zagreb, 13 May 2014