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GENERAL TERMS AND CONDITIONS FOR REAL ESTATE AGENCY – Peritus Medium j.d.o.o.

GENERAL PROVISIONS
Article 1.

The General Terms and Conditions of Real Estate Brokerage (hereinafter:  General Terms and Conditions) regulates the business relationship between a real estate brokerage agency (hereinafter: a broker) and a natural or legal person (hereinafter referred to as: the principal) brokerage agreement (hereinafter: the brokerage agreement).

The general terms and conditions are an integral part of the brokerage agreement concluded between the broker and the principal.

REAL ESTATE OFFER
Article 2

Our offer is based on the information we receive in writing and orally by the principal.  There is the possibility of errors in the description and price of the property and the possibility that the property had already been sold, leased or that the principal has gave up from the brokerage.  Our offers and notices principal must keep confidential and only with our written approval inform a third party.  Real estate prices are stated in euros and payable in kunas.

REAL ESTATE BROKERAGE AGREEMENT
Article 3

By brokerage agreement, the broker is obliged to contact the principal who would negotiate with him on the conclusion of the sales agreement and the principal is obligated to pay him a certain commission if that agreement is concluded. The brokerage agreement is concluded between the broker and the principal. The brokerage agreement must be true, accurate and completely specified regarding the essential brokerage information. Unless a brokerage agreement hasn’t been signed, the principal is not obligated to pay commission fee to the broker, unless the broker proves that brokerage happened during conclusion of legal transaction.

OBLIGATIONS OF REAL ESTATE BROKER
Article 4

By signing the brokerage agreement, real estate agent is obliged to perform the following:
try to find and bring to the principal a person interested to conclude the brokerage process

  1. inform the principal about the average market price of similar properties;
  2. inspect the documents proving the ownership or other right on the property in question and to warn the customer of the obvious deficiencies and possible risks regarding the unregulated land register, registered property rights or other rights of third parties on the property;
  3. perform the necessary actions for presenting real estate on the market, advertise the property appropriately and perform all other transactions agreed on the ground of the real estate brokerage agreement that exceeds the usual presentation, for which he has the right to special pre-stated costs;
  4. enable the sightseeing of the property
  5. negotiate and strive to conclude the agreement;
  6. to keep the personal data of the principal and to keep as a trade secret confidential information on the real estate in question, regarding the real estate or the business for which he negotiates;
  7. if the subject matter of the agreement is land, check the purpose of the land in question in accordance with the applicable land-related regulations concerning the land;
  8. inform the principal about all circumstances relevant for the intended business that he or she is familiar with or that he needs to know.

OBLIGATIONS OF PRINCIPAL
Article 5

By signing the brokerage agreement, principal is obliged to perform the following:

  1. notify the broker of any circumstances relevant to the provision of brokerage services and give accurate information about the property;
  2. provide the broker all the documents that evidence his property-right, or another right on the real property that is the object of the agreement;
  3. ensure to the broker and third parties interested in concluding the sale the tour of the property;
  4. after the conclusion of the legal transaction, or pre-sale agreement, pay the broker the commission, unless otherwise agreed;
  5. if it is expressly agreed to compensate the agent for the costs incurred during the brokerage, which exceed the usual brokerage costs;
  6. notify the broker in writing of any changes related to the authorized work of the broker.

The principal shall be liable for damage, if he or she did not act in good faith.

OBLIGATIONS OF PRINCIPAL
Article 6

Broker has a right to a broker’s commission (hereinafter: commission). The broker for his work charges a fee in the amount specified in the brokerage agreement. The broker is entitled to agency commission entirely, immediately after the first legal act has been concluded (a pre-sales or sales agreement).

On the amount of commission, the VAT in the amount of 25% is not charged, because the agency is outside the VAT system.

Article 7

If the client offers to the broker compensation or reward which is higher than one in the agreement, the broker may receive such an award, if it is not obviously disproportionate to his services, with the outcome of his work and with financial situation of the client.

The broker may conclude the right for reimbursement of the costs which are necessary for the execution of the order and may request advance payments for relevant expenses.

Article 8

It is considered that the broker provided the principal connection with a third party regarding the negotiation, if the principal was authorized to enter into a relationship with a third party (physical or legal) with whom he negotiated to conclude a legal transaction, and if:

  • directly brought or sent to the principal a third party on a sightseeing of the property which is the subject of brokerage;
  • organized a meeting between the principal and the third party in order to negotiate a agreement;
  • informed the principal about the name, telephone number, fax, e-mail of the other person authorized to enter into a legal transaction or gave him the exact location of the requested property. 

PRICE LIST

The agencies are obliged to charge the commission for brokerage.

KUPOPRODAJA

The fee is charged in percentages of the total purchase price.
The highest total commission: 6%
The lowest total commission: 4%

SALE

Broker’s commission for the sale of property (charged from the seller): 2 – 4% but not less than 7,500.00 kn. Broker’s commission for the sale of property (charged from the buyer): 2 – 4% but not less than 7,500.00 kn. The commission is charged from the buyer if agreed upon or if the broker received from the customer a written or oral request to search for properties.

EXCHANGE

When exchanging the property commission is charged from each side and percentage is calculated in the amount of 2-3% from the value of the property acquired by that exchange.

LEASE AND RENT

LEASE AND RENT – commission from the landlord/lessor Percentage of monthly rent:

75% – Minimum
100% – For rent or lease of 12 to 59 months
150% – Minimum for rent or lease of 60 months (5 years) and more

LEASE AND RENT

LEASE AND RENT – commission from the tenant/lessee Percentage of monthly rent:

100 % – Minimum
100% – For rent or lease of 12 to 59 months
150% – Minimum for rent or lease of 60 months (5 years) and more

VAT not included.

TERMINATION OF AGREEMENT
Article 9

The brokerage agreement is concluded for a period of 12 months or for an indefinite period and ends upon expiry of the agreement period, unless the agreement which is the subject of brokerage has been concluded or by cancellation of one of the parties. The principal shall acknowledge the brokerage even after the agreement expires if the contact with the third party is realized during the term of the agreement. If, prior to the expiration of the agreement, the principal  terminates the agreement unilaterally, it shall within 7 (seven) days compensate to the broker any cost incurred before the termination of the agreement regarding the costs of advertising, material costs and others.
If within a period of one year after the termination of the agreement, the principal concluded a legal transaction with the person with whom the broker has been associated and for which the broker has worked at the time of the agreement, the principal shall pay the broker’s commission entirely, unless otherwise agreed.

 

GENERAL PROVISIONS
Article 10

For relations between broker and other persons who are not covered by these General Terms and Conditions or by a broker age agreement, the provisions of the Act on Real Estate Brokerage Act and the Civil Obligations Act of the Republic of Croatia shall apply.

For any disputes, firstly, the mediation is conducted at the Croatian Association for Mediation. If the mediation was unsuccessful, the court having jurisdiction shall be the court in Zagreb in Croatia.

In force since 1st April 2018.

A NEKRETNINE
Peritus Medium J. D.O.O.
Platana 40
10434 Strmec

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