GENERAL TERMS AND CONDITIONS - REAL ESTATE AGENCY
1. GENERAL PROVISIONS
The General Terms and Conditions regulate the business relationship between the real estate agency Art Store d.o.o. (hereinafter: The Intermediary) and the principal (natural or legal persons). By concluding the Mediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of these Terms and Conditions.
The General Terms and Conditions are an integral part of the mediation contract concluded between the intermediary and the principal.
Certain terms and names in the sense of these General Terms and Conditions have the following meanings:
Real estate agent - real estate agency "Art Store d.o.o."
The Client is a natural and / or legal person who concludes a Brokerage Agreement with the Broker (seller, buyer, lessee, lessor, lessor, lessee, etc ...)
Real estate brokerage are all actions of real estate brokers related to connecting the client and a third party and negotiations and preparation for concluding legal transactions which are the subject of a particular real estate, especially when buying, selling, exchanging, renting, leasing, etc.
The third party is the person whom the Real Estate Broker seeks to connect with the Client for the purpose of negotiating the conclusion of legal transactions the subject of which the real estate is determined.
Brokerage fee is the amount that the Client is obliged to pay to the Broker for brokerage services
2. REAL ESTATE OFFER
The real estate offer is based on data received by the agency in writing, orally or electronically, and is subject to signature. The agency retains the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up the sale (or lease).
The offers and notifications of the agency must be kept as a business secret by the recipient (principal) and may only be passed on to third parties with the written approval of the agency.
If the recipient of the offer is already familiar with the real estate offered by the agency, he is obliged to inform the agency without delay.
The offer and / or real estate data are considered confirmed by signing the Brokerage Agreement between the Client and the Broker.
The Agency is not responsible for the errors referred to in the previous paragraph of this Article, except in the case of intentional errors and / or gross negligence of the Agency.
The Agency is not responsible for errors and / or gross negligence of the Client.
3. PRICE OF REAL ESTATE
Real estate prices are expressed in EUR, and are payable in the equivalent at the middle exchange rate of the HNB on the day of payment.
4. INTERMEDIATION AGREEMENT
The Mediation Agreement obliges the Mediator to contact a third party who would negotiate a legal transaction with him, and the Client undertakes to pay the Mediator a brokerage fee, if a legal transaction agreement is concluded.
The mediation agreement is concluded between the Mediator and the Principal.
The brokerage contract must accurately, truthfully and completely state all data on the real estate for the purposes of the brokered business, as well as the obligations of the Broker and the Client.
If the property is co-owned by several persons, the written consent (power of attorney) of all co-owners or representatives of all co-owners of the property is required in the form of acceptance of the Mediation Agreement.
5. OBLIGATIONS OF THE INTERMEDIARY AGENCY IN INTERMEDIATION IN THE PURCHASE, SALE, LEASE AND RENT OF REAL ESTATE
1. conclude a Brokerage Agreement with the principal in writing
2. try to find and bring in contact with the client a person for the purpose of concluding a brokered deal
3. acquaint the client with the average market price of similar real estate
4. warn the client of the defects of the real estate
5. inspect the documents proving the ownership or other real right on the real estate in question and warn the client of: obvious deficiencies and possible risks related to the unregulated land registry condition of the real estate; registered real rights or other rights of third parties to real estate; legal consequences of non-compliance with third parties; deficiencies in the construction or use permit in accordance with a special law; the circumstances of the obligation to apply the right of first refusal and restrictions in legal transactions in accordance with special regulations.
6. perform the necessary actions for the purpose of presenting (presenting) real estate on the market, advertise real estate in a manner determined by the agency.
7. enable inspection of real estate.
8. keep personal data of the principal, and by written order of the principal keep as a business secret data on the real estate for which he mediates or in connection with that real estate or with the business for which he mediates.
9. inform the client of all circumstances relevant to the intended work that are known to us
10. mediate in negotiations and strive to conclude a legal deal
11. attend the conclusion of the legal transaction (Pre-Agreement and Agreement)
12. Attend the handover of real estate
13. If the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to that land. It is considered that the mediator enabled the client to have a connection with another person (natural or legal, the party itself offers the mediator a fee higher than agreed, the mediator may receive such a fee.
The amount of the brokerage fee is freely determined by the real estate brokerage contract.
The intermediary may contract the right to reimbursement of the costs necessary for the execution of the order and request that the funds for certain expenses or costs, and will be paid in advance.
In the case of mediation, in which the ordering party itself or through a third party has found an interested person, the mediator may, in accordance with his conscience, charge the actual costs incurred in connection with the mediation in question.
It is considered that the mediator has enabled the client to communicate with another person to negotiate the conclusion of the brokered deal, if the principal is allowed to contact another person (natural or legal) with whom he negotiated to conclude a legal deal, especially if:
- directly took or sent the principal or a third party to inspect the real estate in question.
- organized a meeting between the principal and the other contracting person in order to negotiate the conclusion of a legal transaction.
- communicated to the client the name, telephone number, fax number of another person authorized to conclude a legal transaction or communicated to him the exact location of the requested real estate.
6. OBLIGATIONS OF THE ORDERING PARTY
1. Conclude a Mediation Agreement with the Agency, in writing;
2. Inform the broker about all circumstances that are important for the mediation 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 contract and provide the broker evidence of compliance with third party obligations.
3. Provide the broker with documents proving his ownership of the real estate, or other real right on the real estate that is the subject of the contract and warn the broker of all registered and unregistered encumbrances that exist on the real estate.
4. Provide the broker and a third party interested in concluding the brokered deal with a tour of the property,
5. 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. After concluding the mediated legal transaction, pre-contract by which he undertook to enter into the mediated legal transaction, if the mediator and the principal have agreed that the right to payment of mediation fee is acquired at the conclusion of the pre-agreement, pay the mediator mediation fee, unless otherwise agreed.
7. If it is expressly agreed to reimburse the mediator for expenses incurred during the mediation in excess of the usual mediation costs,
8. Inform the broker in writing of all changes related to the business for which he has authorized the broker, and in particular of changes related to the ownership of real estate.
9. The client will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he failed or provided inaccurate information relevant to the mediation work in order to complete the legal work, and is obliged to reimburse all costs incurred during mediation. cannot be higher than the brokerage fee for the brokered job.
7. INTERMEDIARY FEE
The mediator for mediation is entitled to the mediation fee agreed in the Mediation Agreement (hereinafter: the fee)
The mediator is obliged to charge a fee for his work in the amount specified in the Mediation Agreement. The intermediary acquires the right to the intermediary fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (Pre-contract or sales contract).
VAT is charged on the amount of the fee.
The brokerage fee for the brokerage service when buying or selling real estate is 6% of the purchase price of the real estate.
8. TERMINATION OF THE CONTRACT
The mediation contract is concluded for a period of 12 months and terminates upon the expiration of the term for which it was concluded, unless a contract for which mediation has been concluded has been concluded within that period or by termination of either party. The contract can be extended by agreement for the next 12 months.
The Client will recognize the mediation even after the expiration of the contract if the contact with a third party was made during the contract.
If the client unilaterally terminates the contract before the expiration of the contracted period, he is obliged to reimburse the mediator within 7 (seven) days all mediation costs incurred before the termination of the contract, relating to advertising costs, material costs and other, and all if the same contracted and if they arose.
When the contract is terminated due to the expiration of time, the contracting parties have no claims against each other. The principal is obliged to reimburse the intermediary for the costs incurred for which it was otherwise agreed that the principal pays them separately.
If, within 2 years after the termination of the contract, the principal enters into a legal transaction with the person with whom the intermediary connected him, and for whom the intermediary mediated during the validity of the contract, he must pay the intermediary fee, unless otherwise agreed.
9. COOPERATION WITH OTHER AGENCIES
The agency is open to cooperation with other brokerage agencies that respect basic ethical principles that exclude the disclosure of false business data to obtain business and clients, disparagement of other agencies in any way, to obtain business and clients, unrealistic real estate appraisal to obtain brokerage business and excluding other agencies from the market, appearing in the media with the intention of personal promotion, and to the detriment of other agencies.
Mutual cooperation between the agencies is based on the Code of Business Ethics of intermediaries - members of the Real Estate Exchange and members of the Croatian Chamber of Commerce.
10. GENERAL PROVISIONS AND SETTLEMENT OF DISPUTES
The provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply to relations between the principal and the agency arising from brokerage contracts that are not determined by these General Terms and Conditions or the brokerage contract.
The Pula Municipal Court has jurisdiction over possible disputes.