General terms of business, Croatia Property
I – General Provisions
General business conditions (hereinafter Terms) real estate agents regulate the business relationship between the company as licensed agency and individuals or entities (hereinafter the Customer) that the agent enters into a contract of mediation. Terms and conditions are an integral part of the brokerage agreement signed between the Agent and the Principal.
Mediator is a company registered at the Commercial Court in Split. Office premises agents are located in Split, Bihaćka 2A. Opening hours agents are Monday through Friday 8:30 a.m. to 4:30 p.m, and is subject to change in accordance with the forward agreement with the parties.
The share capital of the Agent in the amount of HRK 20,000 has been paid in full. The agency has permanently employed workers qualified to perform real estate brokerage. The agency is registered in the Register of Croatian Chamber of Commerce, and the insured against liability at United Insurance Company
II – Communication with the customers and third parties
Placing an order through the intermediary of signed contracts Customer may make one of the following ways: in person, by registered mail, fax or via e-mail. Share all other data besides the above means of communication can be performed orally.
Information on prices and availability of real estate agents offers by altering the promptly, immediately after they occur. Mediator tries that all information in the descriptive section offers accurate, but is not responsible for their accuracy if the error occurred because of good faith in information supplied by third parties. Third parties are persons who Mediator tries to connect with the Principal to negotiate business contracts whose essential subject of buying and selling real estate.
The data exchanged with third parties and the Principal Agent shall permanently keep confidential. Exceptions are possible in the case of court orders and possible needs in accordance with the Law on Prevention of Money Laundering and Financing of Terrorism which the agent of the taxpayer.
It is not considered that violated the duty of professional secrecy if the mediator data reveal to third parties with whom the Client seeks to link, which would be necessary in order to fulfill its obligation Mediator of mediation concluded with the Customer.
III – Property Prices
Real estate prices in general are reported in euros and payable in HRK equivalent. Property prices on the Croatian territory are stated ius approximate accuracy in kuna, according to the average monthly exchange rate of Croatian National Bank.
IV – Contracts Brokerage
Mediation contract mediator agrees to try to bring to the ordering third party that the Principal has signed a purchase agreement. Contract and agency describes the scope of work of mediators, the right to acquire brokerage, property that is the subject of the sale, the duration of orders and other rights and obligations of the Principal and the Agent.
Right to charge a fee
The Agent is entitled to charge brokerage at the conclusion of the sales contract and payment / payment of the agreed purchase price to the Customer. In the event of termination of the purchase agreement, the mediator is entitled to charge brokerage only part of the relevant part of the agreed purchase price that is paid to the date of termination / Principal paid and there are no legal grounds to be returned to a third party (reserved capers).
If the Principal, during or after the expiry of the agency contract, made a legally valid business sale with a third party with which it is connected mediator and whose work was credited with the mediator, the mediator is entitled to full contractual brokerage commission.
It is believed that the mediator allowed the Customer relationship with a third party in particular if:
1. Shortly first took the ordering party to tour of the Estate.
2. He organized the second meeting between the Principal and the third party.
3. Customer data obtained by third parties interested in closing a deal.
Extraordinary costs associated with processing the order, the Customer must be approved in advance in writing, otherwise the mediator has no right to compensation for any, even the ongoing costs associated with mediation. If in exceptional cases the customer applies for a further fee of sightseeing destinations (islands), the amount charged will be deducted from brokerage commission in case of purchase.
Exceptions to the right to collect commissions
If you do not come to the conclusion of the sales contract, the mediator has no right to charge a brokerage commission.
For a standard agency contract, the mediator is not entitled to payment of brokerage commission if the Customer itself or through other intermediaries entered into a purchase agreement with a third party mediator that he was originally introduced.
The Customer does not have to conclude a purchase agreement with a third party that he had presented the mediator, nor to enter into negotiations for concluding the sale. The Principal will suit for damages only if he has not acted in good faith.
Standard and exclusive intermediary contracts
Standard mediation agreement is not of exclusive nature, unless the Customer has contracted with a particular intermediary. The standard agency contract is concluded for an indefinite period, until the sale / purchase of the subject property or the written cancellation by the Principal and / or agents.
For all the exclusive brokerage agreements, the Principal is familiar with special attention on the rights and obligations that derive from it. Exclusive Brokerage contracts have a certain validity period – a minimum of 1 and a maximum of 12 months.
V – General obligations of the Agent
1. Seek first to find and bring to the ordering third party to conclude the sales contract.
2. To introduce the second Principal of the average market price of similar property.
3. Third, to review the documents proving ownership or other real rights over the property and alert the customer to the obvious disadvantages and potential risks related to the disordered state of the property and the land registered real rights.
4. To deal with the presentation of the real estate market in a way that a mediator is selected, advertise the property appropriately, and execute other activities agreed on mediation.
5. Seek to provide an overview of the property.
6. Mediate in negotiations on behalf of the Principal and try to come to the conclusion of the sales contract.
7. Keep personal information of the Customer and the data on the subject property.
8. Notify the Customer of any circumstances relevant for the intended business known to him, or he must be known.
VI – General Obligations of the Customer
1. First notify the agent of any circumstances which are important for the performance of brokerage services and to present accurate information about the property.
2. Second the broker all available documents that prove ownership or other proprietary right over property that is the subject of mediation.
3. Provide intermediaries and third party tour of the subject property.
4. Pay to the Agent an agency fee agreed to the invoice.
5. Pay the mediator extraordinary costs associated with processing orders, if these have prior written approval.
6. Inform the Agent of changes related to the subject of mediation, particularly on prices and availability subject property
VII – Brokerage fees
Our Fee charged in sales as a percentage of the final agreed purchase price. Highest total compensation is 6%, but Customer may I offer the mediator bonus if the same is not apparent disproportionate to the services rendered, the outcome of labor and property status of the Principal.
Standard brokerage fees as Principal Buyer is 3%, and the Principal as the Vendor (3%) of the final agreed purchase price.
Mediating commission when the lease / rental will be charged as a percentage of the final agreed amount of monthly rent / lease.
Standard brokerage fees are the same for the customer as a lessor / lessee and for the customer as lessee / tenant and shall be 100% of the agreed monthly amount of rent / lease (one lease / rent) for contracts with a shelf life of less than or equal to calendar year 125% for contracts with expiry dates between 1 and 5 years and 150% for contracts with a shelf life longer than 5 years. All of these benefit amounts do not include VAT.
In making assessments, studies and advisory services to the Principal Agent shall prepare a written offer. The price of these services depends on the workload and time duration. Approval of the discount on the discretionary right agents.
VIII – Final Provisions
General business conditions are prominent in business offices and agents available on the official website. The mediator’s terms and conditions shall be submitted to all parties concerned, especially the Customer before signing the agency contract. By signing the agency contract Principal agreed that he is familiar with the General Terms and Conditions.
For properties that are not part of the original bid agents, but they Mediator promotes marketing on behalf of external business partners, the mediator does not assume responsibility for the accuracy of the data if the Principal is not directly signed mediation agreement.
For all unmentioned provisions applied to the Law on Real Estate Brokerage and Obligations Act. In case of disputes, contact the jurisdiction of the court in Split.