General terms and conditions of real estate agency Agent nekretnine, Šegedinova 1, Split
I GENERAL TERMS
General Terms and Conditions of real estate agents (hereinafter: General Terms) regulate the business relationship between the real estate agency (hereinafter referred to as Mediator) and private or legal persons (hereinafter referred to as the Principal) who with the Mediator signs a a written Mediation contract and are an integral part of the same.
Terms of trade are regulated and comply with the applicable law of the Real Estate Brokerage Act, the Obligations Act, the General Administrative Procedure Act, Consumer Protection Act as well as with all other applicable regulations of the Republic of Croatia.
II TERMS AND NAMES UNDER THESE GENERAL TERMS AND CONDITIONS
– Mediator: Agent real estate, the real estate agency, Split, Šegedinova 1, OIB:00812361621, MB: 97902764, based on the decision of the Ministry of Economy, Labor and Entrepreneurship of the Republic of Croatia, is licensed and authorized agency that meets all the requirements for mediation in real estate and is registered in the Register of real estate in Croatia under Croatian Chamber of Commerce , from 20.08.2018. year.
– Mediation in real estate includes the actions which Mediator in real estate undertake with the aim of connecting the Principal and third parties through negotiations, preparation for the conclusion of the legal affairs and the fulfillment of the mediation which is the subject of the Mediation contract.
– The Customer is a private or legal person who is authorized with the Mediator to conclude a Mediation contract (buyer, seller, landlord, tenant, lessor, tenant, legal warrantee).
– Third parties are private or legal persons who Mediator tries to connect with the Principal for the negotiations and the conclusion of the mediated legal affair that is the subject of the contract.
– Real estate properties are land plots of the earth’s surface along with everything permanently connected with the land on the surface or below it, in accordance with the provisions of general law on ownership and other proprietary rights.
– Real estate agent is a person, licensed agent registered in Real Estate Agent Directory under Croatian Chamber of Commerce in Zagreb.
– The mediation contract is a written document regulating relations between the Principal and the Mediator. Signing the contract Principal confirms that he/she is familiar with Mediator’s General Term and Condition.
– Mediation fee is the amount which the Principal is obliged to pay to the Mediator for mediation services.
III MEDIATION CONTRACT
The Mediation contract, undertakes to correlate the third party with the Principal for negotiations and the conclusion of the mediated legal affair, and the Principal is obligated to pay him the agreed fee (Commission) if the latter is concluded.
The Contract of mediation (hereinafter: Mediation contract) is concluded between Mediator and Principal in writing form and for a certain time period that can be repeatedly extended, until completion or termination (by any contracting party) of the same.
In the event of termination of the Mediation contract, without justifiable reasons by Principal, the same is obliged to reimburse the actual costs incurred during the mediation, in accordance with the price list which is an integral part of the general terms and conditions.
The Mediation contract Principal unilaterally may cancel in writing at least 15 (fifteen) days prior to the expiry of the agred period if he/she does not want to continue mediation. If the Mediation contract does not terminate as stated above, it is extended to the same contractual deadline. The data indicated in the Mediation contract must be complete, truthful and accurate, and the Mediator, only with the consent of the seller / lessor / lessor, may exert real estate advertising in the media.
Mediator may reject conclusion of the brokerage contract with the Customer on the basis of a free assessment.
IV. EXCLUSIVE MEDIATION
With the Mediation contract Principal may undertake not to engage any other Mediators (exclusive mediation) and the same must be expressly agreed.
If during the term of the exclusive mediation Principal concludes, without the knowledge of Exclusive Mediator, legal affair through another Mediator, he/she is obliged to pay the exclusive Mediator the actual costs incurred during the mediation.
V. MEDIATOR’S OBLIGATIONS
With the mediation contract the Mediator undertakes to carry out the following:
- endeavour to find and bring into contact with the Principal a third party to conclude the Mediation deal
- to inform the Principal about market price of the property
- to make a control of the documents required for mediation affairs, execute an insight into the documents evidencing the ownership of the real estate and to warn the Principal of the deficiencies in the documents, if they exist
- to inform the Principal with all obligations (legal and tax), which for him arise from the Mediation work of the subject property
- to perform all actions for the presentation of real estate on the market (advertising the property adequately)
- allow unobstructed viewing and presentation of real estate
- to mediate in negotiations and strive to come to conclusion of the contract
- Keep the Principal’s personal information and information about the property that is the subject of the Mediation contract as a business secret
- to inform the Principal of any circumstances relevant for the mediated affairs known to him, or he must be known.
VI. PRINCIPAL’S OBLIGATION
With the Mediation contract the Principal undertakes to carry out the following:
- to inform the Mediator of all circumstances that are important for the conduct of mediation, to present the correct and true information about the property and give the insight into the location, building and usage permit as well as an energy certificate, if any
- give the Mediator present documents confirming the ownership of the property ie. other real rights on the property that is the subject of the contract and alert agents to all registered and unregistered burdens on the property
- to provide the Mediator and interested third party for execution of mediation affairs, the real estate tour
- to inform the Mediator of all relevant information on the requested property, including the description and the price of the property
- after the conclusion of the mediated legal affair, to pay the Mediator the fee agreed
- to compensate the Mediator all costs incurred during the mediation, which exceed the usual costs of mediation
- to notify the Mediator, in writting, of any changes related to the work for which the Mediator is authorized
VII. MEDIATION FEE
For services relating to the conclusion of Mediating affairs, a mediation fee belongs to Mediator and is regulated by the contract between the Mediator and Principal.
The Mediator is, for his/her work, required to charge a mediation fee defined by Mediation contract, the Law on Real Estate Mediation, and the Croatian Chamber of Commerce tariff.
Price list of mediation fee is an integral part of these General Terms and Conditions.
The Mediator charges a mediation fee in the agreed percentage or absolute amount defined by the Mediation contract and price list at the conclusion of the mediating legal affair (pre-contract, contract) or at the time specified in the Mediation contract between the Mediator and the Principal.
The Mediator is entitled to commission when the Principal concludes with a third party legal affair, with which Mediator brought into contact, and which has a similar purpose as mediated deal (eg. concluded contract or replacement, lease, rental etc.) .
VIII. OFFER AND PRICES OF REAL ESTETE PROPERTIES
The offer of a Mediator is based on information received in writing and orally by the Principal. Real estate offer is available, to interested third parties, in the office of the Mediator, on the Mediator’s official website and in the electronic and other media.
There is a possibility of an error in the description and price of the property (eg. advertised property is sold/rented/leased or the property owner withdrew from the sale/rental/lease of their property).
Our offer and notification the Principal must krep confidential, and only with our written approval may transfer them to a third party.
Real estate prices are usually expressed in the Euros, can be expressed in Kunas on the day of offer to interested third parties, and are payable in accordance with the contract between the Principal and third interested party.
IX. PRICE LIST OF MEDIATION FEE AND SERVICES
Mediator’s commissions (fee) for mediation of purchase, sale, exchange, lease and rent of real estate:
PURCHASE / SALES
The Commission is charged as a percentage of the total amount of the agreed price
The commission when selling of real estate
(Charged from the Principal / Vendor – Seller)
(charged from the buyer)
The commission is charged from the Buyer if agreed, or upon receiving Buyer’s written or oral request for the search of real estate.
LEASE AND RENTAL
RENT AND LEASE – Commission from the lessor and the lessee, one-time
Percentage of monthly rent / lease
For the agreed rental / lease up to 60 months
For the agreed rental / lease up to 60 months (5 years) and more
X. FINAL PROVISION
For all other relations that are not regulated by these General Terms and Conditions or the Mediation contract, the Mediator shall apply the provisions of the Law on Real Estate Mediation and Law on Obligations. In the event of a dispute arising from the Mediation contract between the Contracting Parties, and which could not be solved by mutual agreement, Municipal Court in Split is in charge, unless the contracting parties otherwise agree.
These General Terms and Conditions apply from 01. October 2018.