GENERAL CONDITIONS FOR PERFORMING MEDIATION
Pursuant to the Real Estate Brokerage Act (OG 107/07, 144/12, 14/14, 32/19), Istria house real estate d.o.o. with its registered office in Bale, Fonde 5, as a Real Estate Broker, issues the following General Terms and Conditions for conducting brokerage.
1. GENERAL PROVISIONS
The General Terms and Conditions govern the business relationship between the company ISTRIA HOUSE REAL ESTATE D.O.O. (hereinafter: the Agency) and the Principal (natural or legal persons). By concluding the Intermediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of these terms and conditions.
2. MEANING OF TERMS CONTAINED IN THE GENERAL TERMS AND CONDITIONS
The real estate agent is ISTRIA HOUSE REAL ESTATE D.O.O. (hereinafter: the Broker) with its registered office in Bale, Fonde 5, entered in the Court Register under registration number (MBS): 130118788, personal identification number (OIB): 40971504387 which as a company meets the conditions for real estate brokerage specified in the applicable By law.
Real Estate Brokerage Agent (hereinafter: Agent) is a natural person who is registered in the Directory of Real Estate Brokerage Agents and is employed either by the Broker or by a legal entity that has a cooperation agreement with the Broker, or who has a personal contract. on cooperation with the Mediator.
Real estate brokerage are the actions of the Real Estate Broker concerning the connection of the Principal and the Third Party, as well as negotiations and preparations for concluding legal transactions which are the subject of a certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
The Client is a natural or legal person who enters into a written brokerage agreement with a Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
A third party is a person whom the Real Estate Broker seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions to which a particular real estate is the subject, regardless of whether the Broker also has a brokerage agreement with the Third Party.
Open brokerage contract - The client is authorized to sign a contract with any office or real estate agency or to sell the property himself. In this case, this is not treated as an exclusive relationship between the parties, but the Client is obliged to comply with all provisions of the Agreement, in particular the obligation of mutual cooperation.
Contract for exclusive mediation - The Client authorizes only the Broker as the only real estate brokerage company to advertise the real estate. In that case, the intermediary coordinates the entire sale process until the conclusion of the purchase pre-contract, purchase contract or real estate exchange contract.
Valid offer for the purchase of real estate - Written offer for the purchase of real estate equal to or greater than the target price from the brokerage contract, or its last change confirmed by the Client in writing or electronically
3. REAL ESTATE AGENCY AGREEMENT
The Real Estate Brokerage Agreement (hereinafter: the Agreement) obliges the Broker to seek and bring into contact with the Principal a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right to real estate and / or in connection with real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter: the Fee) if the legal transaction is concluded, whereby the concluded legal transaction includes the conclusion of a pre-agreement by which the contracting parties undertook to enter into a main contract of transfer or establishment certain right to real estate and / or in connection with real estate. The contract is concluded in writing and for a certain period of time.
If the Contracting Parties do not agree by the Agreement on the term for which they conclude the Agreement, the Agreement is concluded for a certain period of 24 months from the day of concluding the Agreement.
4. OBLIGATIONS OF THE AGENCY (INTERMEDIARY)
The intermediary is obliged to perform the following in particular when mediating for the conclusion of a contract of sale, a contract for the exchange of real estate, a lease agreement or a lease agreement for real estate:
Try to find and contact a person with the Client in order to conclude a brokered deal
Familiarize the Client with the average market price of a similar property
Obtain and inspect documents proving ownership or other real right to the real estate in question
Perform the necessary actions for the presentation of real estate on the market, advertise the property in a manner determined by the agency, and provide an overview of the property
Enter data on the real estate in the central real estate database and present them;
Mediate in negotiations and strive to conclude a legal deal;
Inform the Client of all circumstances relevant to the intended work that are known to him
To keep the personal data of the Client and to keep it as a business according to the written order of the Client secret information about the real estate for which he is mediating or in connection with that real estate or with the business for which he is mediating,
Attend at the conclusion of the legal transaction (Pre-Agreement and Contract) and at the handover of the real estate
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
5. OBLIGATIONS OF THE ORDERING PARTY
By concluding an Intermediation Agreement with the Intermediary, the Client assumes the following obligations:
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 with evidence of fulfillment of obligations to third parties;
To provide the Broker with documents proving his ownership of the real estate, ie other real right on the real estate that is the subject of the contract, and to warn the Broker of all registered and unregistered encumbrances that exist on the real estate;
To enable the Broker and the Third Party interested in concluding the brokered deal to inspect the real estate;
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;
The Client undertakes to pay the Broker a Commission no later than immediately after receiving a minimum of 10% of the purchase price or a down payment in the amount of 10% of the purchase price for which the Broker will issue him an invoice for mediation in full;
If it is expressly agreed to reimburse the Mediator for expenses incurred during the mediation that exceed the usual mediation costs;
Notify 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;
The client will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he failed or gave incorrect information relevant to the mediation work in order to complete the legal work, and is obliged to reimburse all costs incurred during mediation, which can not be higher than the brokerage fee for the brokered job.
6. INTERMEDIARY FEE
The amount of the mediation fee is determined by the mediation contract. The agreed brokerage fee includes the execution of all actions of the Broker listed in item IV. General conditions.
In the case of performing activities that are not covered by item IV. General conditions based on the request of the Client, the price of the brokerage hourly rate is HRK 500.00. In the case of performing activities that are not covered by item IV. Based on the General Terms and Conditions, based on the Client's request, in addition to the fee for the spent brokerage hour, the Client is obliged to reimburse the Broker for the actual costs of performing these actions.
The withdrawal of the Principal or a Third Party with which the Principal has entered into a pre-agreement in relation to the real estate subject to mediation, as well as the withdrawal of the Principal or the person with whom the Principal has entered into a contract in relation to the real estate subject to mediation from the performance of the contract It shall pay the mediation fee in the amount and in the manner determined by this Article and the concluded mediation contract.
The Ordering Party is also obliged to pay the Fee when it has concluded a legal transaction with a Third Party, to which the Intermediary has pointed out and with which the Intermediary has brought it in contact, and which achieves the same purpose as the mediated transaction or subject matter. which is the legal business of the real estate that is the subject of mediation. In case of concluding a legal transaction other than the one for which the mediation was achieved, which achieves the same purpose as the mediated transaction or the subject of the legal transaction is the real estate that is the subject of mediation, the Client is obliged to pay a fee in accordance with the price list. General Terms and Conditions.
The Intermediary shall be deemed to have enabled the Client to contact the Third Party if: - he directly took or directed the Client to inspect the real estate in question, or - arranged a meeting between the Client and the Third Party to negotiate a legal transaction, or - communicated the name and last name, ie company, telephone number, fax number, e-mail address of the Third Party authorized to enter into a legal transaction or communicated the exact location of the requested real estate.
After the termination of the Contract, the Intermediary is entitled to compensation within 24 months and in cases where the Client concludes a legal transaction with a Third Party as a result of the intermediary's actions before the termination of the Intermediation Agreement. If the Client withdraws during the conclusion of the mediated transaction (after the Intermediary has submitted an acceptable offer), he is obliged to pay the Intermediary the amount of the agreed Fee.
The Mediator is entitled to Compensation if the spouse, ie extramarital partner, descendant or parent of the Principal; that is, a company, institution or other legal entity that is the Principal, his spouse or common-law partner, the descendant or parent of the founder or legal representative, ie with whom he has concluded an employment contract or employment contract, concludes a mediated legal transaction with a person with whom the Client has brought the Client into contact.
7. CONTRACTUAL PENALTY
The contracting parties determine the Broker's right to a contractual penalty in the amount of 5% (five percent) of the agreed purchase price that the Client as a seller or buyer contracts with the buyer or seller with whom he entered into the Broker's activities and with whom he is independent. excluding and / or circumventing the Intermediary, entered into a legal transaction of sale, and did not pay the Intermediary the agreed fee.
In the event that the Mediator presents a valid written offer to the Client, and the Client rejects it, he is obliged to reimburse the Broker for the labor costs he had in order to obtain and obtain the said offer. Also, in case the Client rejects a valid written offer, the Client is obliged to compensate the Broker for the damage, in accordance with Art. 23, paragraph 2 of the Real Estate Brokerage Act, and by signing this Agreement, a contractual penalty in the amount of 50% of the Contractual Commission is agreed, which the Client is obliged to pay to the Broker if he rejects a valid written offer. The Client is obliged to pay the contractual penalty to the Mediator within 15 days from the written invitation of the Mediator to pay.
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 or by the termination of either of the contracting parties without stating the reasons in case of open mediation. The Mediator and the Principal agree that upon the expiration of the agreed term, the Contract shall be renewed for the same period of time, unless one of the contracting parties terminates the Contract in writing.
The Client is not authorized to terminate the Exclusive Mediation Agreement in the first 5 (five) months. In the event that the Client terminates the Agreement on Exclusive Mediation before the expiration of that period, the Client will be obliged to pay the intermediary the determined costs.
9. FINAL PROVISIONS
The Parties agree that in the event of any dispute relating to this Agreement, they will endeavor to resolve the dispute amicably. If the conciliation fails, the parties agree on the jurisdiction of the court with real jurisdiction in Buje.
Bale, 01/10/2021.
Pursuant to the Real Estate Brokerage Act (OG 107/07, 144/12, 14/14, 32/19), Istria house real estate d.o.o. with its registered office in Bale, Fonde 5, as a Real Estate Broker, issues the following General Terms and Conditions for conducting brokerage.
1. GENERAL PROVISIONS
The General Terms and Conditions govern the business relationship between the company ISTRIA HOUSE REAL ESTATE D.O.O. (hereinafter: the Agency) and the Principal (natural or legal persons). By concluding the Intermediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of these terms and conditions.
2. MEANING OF TERMS CONTAINED IN THE GENERAL TERMS AND CONDITIONS
The real estate agent is ISTRIA HOUSE REAL ESTATE D.O.O. (hereinafter: the Broker) with its registered office in Bale, Fonde 5, entered in the Court Register under registration number (MBS): 130118788, personal identification number (OIB): 40971504387 which as a company meets the conditions for real estate brokerage specified in the applicable By law.
Real Estate Brokerage Agent (hereinafter: Agent) is a natural person who is registered in the Directory of Real Estate Brokerage Agents and is employed either by the Broker or by a legal entity that has a cooperation agreement with the Broker, or who has a personal contract. on cooperation with the Mediator.
Real estate brokerage are the actions of the Real Estate Broker concerning the connection of the Principal and the Third Party, as well as negotiations and preparations for concluding legal transactions which are the subject of a certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
The Client is a natural or legal person who enters into a written brokerage agreement with a Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
A third party is a person whom the Real Estate Broker seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions to which a particular real estate is the subject, regardless of whether the Broker also has a brokerage agreement with the Third Party.
Open brokerage contract - The client is authorized to sign a contract with any office or real estate agency or to sell the property himself. In this case, this is not treated as an exclusive relationship between the parties, but the Client is obliged to comply with all provisions of the Agreement, in particular the obligation of mutual cooperation.
Contract for exclusive mediation - The Client authorizes only the Broker as the only real estate brokerage company to advertise the real estate. In that case, the intermediary coordinates the entire sale process until the conclusion of the purchase pre-contract, purchase contract or real estate exchange contract.
Valid offer for the purchase of real estate - Written offer for the purchase of real estate equal to or greater than the target price from the brokerage contract, or its last change confirmed by the Client in writing or electronically
3. REAL ESTATE AGENCY AGREEMENT
The Real Estate Brokerage Agreement (hereinafter: the Agreement) obliges the Broker to seek and bring into contact with the Principal a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right to real estate and / or in connection with real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter: the Fee) if the legal transaction is concluded, whereby the concluded legal transaction includes the conclusion of a pre-agreement by which the contracting parties undertook to enter into a main contract of transfer or establishment certain right to real estate and / or in connection with real estate. The contract is concluded in writing and for a certain period of time.
If the Contracting Parties do not agree by the Agreement on the term for which they conclude the Agreement, the Agreement is concluded for a certain period of 24 months from the day of concluding the Agreement.
4. OBLIGATIONS OF THE AGENCY (INTERMEDIARY)
The intermediary is obliged to perform the following in particular when mediating for the conclusion of a contract of sale, a contract for the exchange of real estate, a lease agreement or a lease agreement for real estate:
Try to find and contact a person with the Client in order to conclude a brokered deal
Familiarize the Client with the average market price of a similar property
Obtain and inspect documents proving ownership or other real right to the real estate in question
Perform the necessary actions for the presentation of real estate on the market, advertise the property in a manner determined by the agency, and provide an overview of the property
Enter data on the real estate in the central real estate database and present them;
Mediate in negotiations and strive to conclude a legal deal;
Inform the Client of all circumstances relevant to the intended work that are known to him
To keep the personal data of the Client and to keep it as a business according to the written order of the Client secret information about the real estate for which he is mediating or in connection with that real estate or with the business for which he is mediating,
Attend at the conclusion of the legal transaction (Pre-Agreement and Contract) and at the handover of the real estate
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
5. OBLIGATIONS OF THE ORDERING PARTY
By concluding an Intermediation Agreement with the Intermediary, the Client assumes the following obligations:
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 with evidence of fulfillment of obligations to third parties;
To provide the Broker with documents proving his ownership of the real estate, ie other real right on the real estate that is the subject of the contract, and to warn the Broker of all registered and unregistered encumbrances that exist on the real estate;
To enable the Broker and the Third Party interested in concluding the brokered deal to inspect the real estate;
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;
The Client undertakes to pay the Broker a Commission no later than immediately after receiving a minimum of 10% of the purchase price or a down payment in the amount of 10% of the purchase price for which the Broker will issue him an invoice for mediation in full;
If it is expressly agreed to reimburse the Mediator for expenses incurred during the mediation that exceed the usual mediation costs;
Notify 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;
The client will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he failed or gave incorrect information relevant to the mediation work in order to complete the legal work, and is obliged to reimburse all costs incurred during mediation, which can not be higher than the brokerage fee for the brokered job.
6. INTERMEDIARY FEE
The amount of the mediation fee is determined by the mediation contract. The agreed brokerage fee includes the execution of all actions of the Broker listed in item IV. General conditions.
In the case of performing activities that are not covered by item IV. General conditions based on the request of the Client, the price of the brokerage hourly rate is HRK 500.00. In the case of performing activities that are not covered by item IV. Based on the General Terms and Conditions, based on the Client's request, in addition to the fee for the spent brokerage hour, the Client is obliged to reimburse the Broker for the actual costs of performing these actions.
The withdrawal of the Principal or a Third Party with which the Principal has entered into a pre-agreement in relation to the real estate subject to mediation, as well as the withdrawal of the Principal or the person with whom the Principal has entered into a contract in relation to the real estate subject to mediation from the performance of the contract It shall pay the mediation fee in the amount and in the manner determined by this Article and the concluded mediation contract.
The Ordering Party is also obliged to pay the Fee when it has concluded a legal transaction with a Third Party, to which the Intermediary has pointed out and with which the Intermediary has brought it in contact, and which achieves the same purpose as the mediated transaction or subject matter. which is the legal business of the real estate that is the subject of mediation. In case of concluding a legal transaction other than the one for which the mediation was achieved, which achieves the same purpose as the mediated transaction or the subject of the legal transaction is the real estate that is the subject of mediation, the Client is obliged to pay a fee in accordance with the price list. General Terms and Conditions.
The Intermediary shall be deemed to have enabled the Client to contact the Third Party if: - he directly took or directed the Client to inspect the real estate in question, or - arranged a meeting between the Client and the Third Party to negotiate a legal transaction, or - communicated the name and last name, ie company, telephone number, fax number, e-mail address of the Third Party authorized to enter into a legal transaction or communicated the exact location of the requested real estate.
After the termination of the Contract, the Intermediary is entitled to compensation within 24 months and in cases where the Client concludes a legal transaction with a Third Party as a result of the intermediary's actions before the termination of the Intermediation Agreement. If the Client withdraws during the conclusion of the mediated transaction (after the Intermediary has submitted an acceptable offer), he is obliged to pay the Intermediary the amount of the agreed Fee.
The Mediator is entitled to Compensation if the spouse, ie extramarital partner, descendant or parent of the Principal; that is, a company, institution or other legal entity that is the Principal, his spouse or common-law partner, the descendant or parent of the founder or legal representative, ie with whom he has concluded an employment contract or employment contract, concludes a mediated legal transaction with a person with whom the Client has brought the Client into contact.
7. CONTRACTUAL PENALTY
The contracting parties determine the Broker's right to a contractual penalty in the amount of 5% (five percent) of the agreed purchase price that the Client as a seller or buyer contracts with the buyer or seller with whom he entered into the Broker's activities and with whom he is independent. excluding and / or circumventing the Intermediary, entered into a legal transaction of sale, and did not pay the Intermediary the agreed fee.
In the event that the Mediator presents a valid written offer to the Client, and the Client rejects it, he is obliged to reimburse the Broker for the labor costs he had in order to obtain and obtain the said offer. Also, in case the Client rejects a valid written offer, the Client is obliged to compensate the Broker for the damage, in accordance with Art. 23, paragraph 2 of the Real Estate Brokerage Act, and by signing this Agreement, a contractual penalty in the amount of 50% of the Contractual Commission is agreed, which the Client is obliged to pay to the Broker if he rejects a valid written offer. The Client is obliged to pay the contractual penalty to the Mediator within 15 days from the written invitation of the Mediator to pay.
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 or by the termination of either of the contracting parties without stating the reasons in case of open mediation. The Mediator and the Principal agree that upon the expiration of the agreed term, the Contract shall be renewed for the same period of time, unless one of the contracting parties terminates the Contract in writing.
The Client is not authorized to terminate the Exclusive Mediation Agreement in the first 5 (five) months. In the event that the Client terminates the Agreement on Exclusive Mediation before the expiration of that period, the Client will be obliged to pay the intermediary the determined costs.
9. FINAL PROVISIONS
The Parties agree that in the event of any dispute relating to this Agreement, they will endeavor to resolve the dispute amicably. If the conciliation fails, the parties agree on the jurisdiction of the court with real jurisdiction in Buje.
Bale, 01/10/2021.
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