General terms and conditions
Based on the Real Estate Brokerage Act (NN 107/07) and the Act on Amendment to the Real Estate Brokerage Act (NN 144/12) Primat nekretnine d.o.o., Vrbovsko:
GENERAL TERMS AND CONDITIONS
General Terms and Conditions regulate the business relationship between the real estate agency Primat - nekretnine d.o.o. (Hereinafter referred to as the "Mediator") as an intermediary and the Client (natural or legal persons).
By signing the mediation contract, the client confirms that he is aware of and agrees with the provisions of the terms of business of Real Estate Agency Primat - nekretnine d.o.o.
Primat nekretnine d.o.o. Vrbovsko is based on the data we receive in writing and orally and is conditioned by confirmation. We retain the possibility of confusion and previous sale or withdrawal of the property owner. We are responsible for incorrect data in case of intentional or negligent behaviour on our part. Our offers and notifications must be kept confidential by the recipient (the Client) and only with our written consent may be transferred to a third person.
2. Obligations of Mediators
1. Conclude Brokerage Agreement with the Client (Standard or Exclusive);
2. Try to find a third person and connect it with the Client for the conclusion of mediated work;
3. Assess the market value of the property and inform the Client about it;
4. Warn the Client on the real estate defects and market situation;
5. Conduct the control of the documents necessary for the validity of the mediated job and present it to the Client;
6. Inform the Client with all legal, tax and other obligations arising out of the legal transaction regarding the property in question;
7. Make the necessary activities for presenting (presentation) of the real estate on the market, announce the real estate in a manner determined by the Mediator;
8. Enable real estate review, organization and management;
9. Keep the personal data of the Client and other information by the order of the customer as a business secret
10. Inform the Client of all the circumstances relevant to the intended business that we are familiar with;
11. Mediate in negotiations and strive to come to a conclusion of a legal deal;
12. To attend a conclusion a legal deal (Pre-contract and Contract);
13. To mediate in the transfer of the real estate;
14. In the name of the Client, send the necessary documentation to the responsible Tax Administration and the Land Registry Department of the responsible Court.
It is considered that the Mediator has enabled the Client to connect with a third party (natural or legal person) with whom he has negotiated about conclusion of a legal transaction, and particularly if: immediately took or instructed the Client to visit the property in question, organized a meeting between the Client and the third party for negotiation for the conclusion of a legal transaction; told the Client name, telephone number, fax or e-mail of a third party authorized to conclude a legal transaction or to inform him of the exact location of the wanted real estate.
If the recipient of our offer is familiar with some of the buildings we have offered, he/she is obliged to notify us without delay.
For Buyer, on the basis of power of attorney, the Agent performs the following actions:
a) submits a tax report to Tax Administration -
b) organises all necessary documentation for the transfer of the utility bills from the Seller to the Buyer,
c) handing over the Real Estate Sales Contract in the Land Registry Department of the responsible Municipal Court with the Motion for registration of the ownership right to the name of the Buyer.
3. Obligations of the Client
1. Conclude Brokerage Agreement with the Mediator (Standard or Exclusive);
2. Give the Mediator access to all documents proving his ownership of the real estate, that is, the right to the real estate that is the subject of the mediation business, the construction and usage permit and the energy certificate of the real estate in question.
3. Inform the Mediator about all relevant information, including the description of the property and the price;
4.Provide a Mediator and a person interested in concluding mediated deal a tour of the real estate which will be accompanied by the Mediator;
5. Immediately upon the conclusion of a mediated transaction or a Pre-Contract, by which the Client has obliged himself/herself to conclude a mediated legal transaction, pay the agreed fee (commission) to the Mediator;
6. To compensate the Mediator for costs incurred during mediation, which exceed the usual mediation costs;
7. Inform the Mediator, in writing, about all the business-related changes for which the Mediator was authorized, and in particular about the changes related to the change of ownership of the property.
The Client is liable for the damage, if he has done fraudulently, if he has kept secret or provided inaccurate information relevant to mediation work with an objective to completing the legal transaction. The Client is liable for damages in the case of deliberate or grossly negligent behaviour on his part, to the Mediator or third contract party sent to him by Mediator. If this is the case, the parties agree that the Client is obliged to pay to the Mediator the costs incurred during the mediation which cannot be higher than the intermediary fee (commission) for the mediated business.
4. Obtaining the right to compensation
The mediator is entitled to the full compensation at the time of the conclusion of the mediating job (by signing the Pre-Contract), with which the Client was obliged to conclude a mediated legal transaction.
The compensation is paid to the Mediator at the same time or immediately after the conclusion of a legal transaction for which the Mediator has mediated or with the signature of the Pre-Contract of the two Contracting Parties.
If the Client withdraws during the conclusion of the mediated business, he has to pay real costs for the time spent, advertising and other expenses, all according to the intermediary fee.
The Client is obligated to pay the fee even when the Mediator has concluded a legal transaction with the person that Mediator connected the Client to, that is different than the one for which one mediated, which is of the same value as the legal transaction, or with which the same purpose is achieving as well as the mediated legal transaction.
The Mediator is entitled to compensation if the spouse, or an extramarital partner, descendant or parent of the Client concludes a mediated legal transaction with the person with whom the Mediator has brought in contact with the Client.
The fee also covers the usual costs of mediation, other than those specifically contracted. The mediator is entitled to the advance of the intermediary fee only if it is contracted. The Mediator is entitled to compensation even when it is not specifically contracted in the mediation agreement. The amount of compensation is determined by the intermediary tariff.
Further mentioned percentages are paid as intermediary fees and VAT is charged on them.
Intermediary commission amounts to 1-3% of the achieved real estate price (but not less than HRK 2,000.00).
The Client with whom we have an exclusive Brokerage Agreement will be charged according to the amount contracted and stated in previously mentioned Brokerage agreement.
The mediation fee is 3% of the realized real estate price (but not less than HRK 4,000.00).
The Client with whom we have an exclusive Brokerage Agreement will be charged according to the amount contracted and stated in a previously mentioned Brokerage agreement.
Lease agreement (contracted lease term up to 1 year) is charged 75% of the monthly rental rate.
Lease agreement (contracted lease term of 1 to 5 years) is charged 100% of the monthly rental rate.
Lease agreement, longer than 5 years is charged 200% of the monthly rental rate.
Added value (price increase, contracting of special conditions according to the request of the Client, additional services, etc.) is charged 150% of the monthly rental rate.
The Client with whom we have an exclusive Brokerage Agreement is charged according to the amount contracted and stated in the previously mentioned Agreement.
5.4. Brokerage fee
The amount of a brokerage fee, initial cost of of advertising the property, including the costs involved (time spent, production and advertising as well as the other costs related to the mediated job) is 200,00 kn.
5.5. Not included in mediation fee:
a) The cost of administrative or court fees incurred in obtaining the necessary ownership and other documents that are a prerequisite for placing real estate on the market.
b) Land Registry Tax Registration Fee
c) The preparation of contracts and documents in the form of public notary documents.
6. The termination of the contract
Parties may withdraw from the Real Estate Brokerage Agreement before the expiry of the agreed deadline only to specially justified reason. In this case, the Client is obliged to compensate the Mediator for the costs incurred.
If a Client has concluded a mediated legal transaction with a person whom he met via Mediator within one year from determination of Real estate brokerage agreement, he is obliged to compensate the Mediator brokerage commission in full.
Brokerage agreement concluded for a limited period may be terminated before the expiration of the agreed time by the written cancellation of either of the Contracting Parties.
If the notice period is not explicitly defined by the Brokerage agreement, notice period is 8 days from the receipt of the notice. When Real Estate Brokerage Agreement is terminated by the notice, the contracting parties do not have a thing to do with the other claim.
The Client is obligated to compensate the Mediator for the costs incurred.
7. General provisions and dispute settlement
The General Terms of Business regulate a business relationship between a company Primat nekretnine d.o.o. and a Client (natural or legal person). By concluding the mediation contract, the client confirms that he is familiar and agrees with the terms of these Terms of Business.
Relations between the client and a Mediator arising from the Mediation agreement which are not regulated by these General Terms of Business or Mediation agreement, shall be regulated by the General provisions on the Mediation Contract as well as the provisions of the Civil obligations Act.
Possible disputes will be resolved by the Municipal Court in Ogulin.
Vrbovsko, January of 2014.