GENRAL TERMS AND CONDITIONS
OF THE REAL ESTATE AGENCY
AKTUAL NEKRETNINE, obrt za usluge, HRGOVIĆI 38, ZAGREB
The General Terms and Conditions of the real estate Broker (hereinafter: Terms and Conditions) regulate the business relationship between the real estate brokerage agency (hereinafter: the Broker) and a natural or legal person (hereinafter: the Client) who enters into a Brokerage Agreement with the Broker.
The Terms and Conditions are an integral part of the Brokerage Agreement concluded between the Broker and the Client.
Certain terms and names in these Terms and Conditions have the following meanings:
∙ Real estate broker - an authorized agency that meets the conditions for real estate brokerage, i.e., the real estate agency AKTUAL NEKRETNINE, obrt za usluge, Hrgovići 38, Zagreb (hereinafter: the Broker).
∙ Real estate brokerage implies the actions of the real estate Broker concerning the connection of the Client and a third party and negotiations and preparations for concluding legal transactions which are the subject of a particular real estate, especially when buying, selling, swapping, renting, leasing, etc.
∙ A real estate brokerage agent is a natural person who is registered in the Directory of Real Estate Brokerage Agents and, as such, employed by the Broker (hereinafter: the Agent).
∙ Real estate is a part of a land surface, together with everything that is permanently connected to the land on or below the surface in accordance with the provisions of the general regulation on ownership and other real rights.
∙ The client is a natural or legal person who enters into a brokerage agreement with a real estate agent (seller, buyer, tenant, renter, lessor, lessee, and other possible participants in real estate).
∙ A third party is a person whom a real estate agent seeks to connect with the client in order to negotiate the conclusion of legal transactions which are the subject of a particular real estate (hereinafter: Third Party).
∙ A brokerage fee is the amount that the client is obliged to pay to the broker for brokerage services.
REAL ESTATE OFFER
Our offer is based on the information we receive in writing and orally from the Client. There is a possibility of error in the description and price of the property and the possibility that the advertised property has already been sold, rented or the owner of the property has given up on the sale / lease.
The recipient (Client) must keep our offers and information as a business secret and may only pass it on to a Third Party with our written permission.
If the recipient of our offer is already familiar with the real estate we have offered, the recipient is obliged to inform us without delay in writing, by e-mail, fax or registered mail.
REAL ESTATE PRICE
The real estate prices are indicated in euros and can be paid in kuna equivalent.
The real estate Brokerage Agreement (hereinafter: the Agreement) obliges the Broker to seek and bring into contact with the Client 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 the Client undertakes to pay the Broker a certain brokerage fee (hereinafter: the Fee) if that legal transaction is concluded.
The Agreement is concluded in writing and for a definite period of time.
If the contracting parties do not agree on the term for which the Agreement is to be concluded, it is considered that the Agreement has been concluded for a definite period of 12 months and may be extended several times by mutual agreement of the parties.
TERMINATION OF THE BROKERAGE AGREEMENT
The Brokerage Agreement concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded, if the contract for which the brokerage was agreed upon was not concluded within that period or by termination of either of the contracting parties.
The Client is obliged to reimburse the Broker for the costs incurred in the case that it was otherwise explicitly agreed that the Client pays them separately.
If the Client concludes a legal transaction that is mainly a consequence of the Broker's actions before the termination of the Brokerage Agreement, the Client is obliged to pay the brokerage fee in full, unless otherwise agreed upon in the Agreement.
With the Brokerage Agreement, the Client may undertake not to hire any other broker (exclusive brokerage) for the mediated work, to which an obligation must be explicitly agreed upon.
If, during the duration of the Agreement on Exclusive Brokerage, the Client concluded a legal transaction without the Broker’s knowledge through another broker, for which the exclusive Broker was given a brokerage order, the Client is obliged to pay the Broker the actual costs incurred during the brokerage. If the amount of the Fee is not agreed upon, the Client is obliged to reimburse the Broker for actual costs incurred during the brokerage, which may not be higher than the Fee for the mediated work.
When concluding the Agreement on Exclusive Brokerage, the Broker is obliged to warn the Client of the meaning and legal consequences of this clause.
An Agreement on Exclusive Brokerage concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded if no contract for which mediation was agreed upon has been concluded within that period or by termination of either party.
The Client is obliged to reimburse the Broker for the costs incurred in the case that it was otherwise explicitly agreed upon that the Client pays them separately.
If the Client concludes a legal transaction that is mainly a consequence of the Broker’s actions before the termination of the Agreement on Exclusive Brokerage within the period not exceeding the duration of the Agreement on Exclusive Brokerage after the termination of the Agreement, the Client is obliged to pay the Brokerage Fee in full, unless otherwise agreed upon.
By signing the real estate Brokerage Agreement, the Broker undertakes to perform in particular the following:
1. try to find and bring into contact with the Client a person in order to conclude the brokered deal,
2. acquaint the Client with the average market price of similar real estate,
3. inspect documents proving ownership or other real right to the real estate in question and warn the Client of obvious deficiencies and possible risks related to unregulated land registry status of the real estate, registered real rights or other rights of third parties to real estate, legal consequences of non-fulfillment of obligations to foreign third parties, shortcomings of the construction and use permit in accordance with special law, the circumstances of the obligation to apply the right of first refusal and restrictions in legal transactions in accordance with special regulations
4. perform the necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner, as well as perform all other actions agreed upon in the real estate Brokerage Agreement that exceed the usual presentation, for which the Broker is entitled to additional, pre-specified costs,
5. make real estate showings available,
6. mediate in negotiations and strive to reach an agreement,
7. keep the personal data of the Client, and by written order of the Client, keep as a business secret data on the real estate for which the Broker mediates or data in connection to that real estate or the contract for which the Broker mediates,
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable regulations on spatial planning relating to that land,
9. inform the Client of all circumstances relevant to the intended work that are known to the Broker or must be known to the Broker
10. to acquaint the Client with the provisions of the Act on the Prevention of Money Laundering and Terrorist Financing (OG 87/08).
Conclude a Brokerage Agreement with the Broker and:
1. inform the Broker about all circumstances that are important for the mediation, provide accurate information about the property and, if applicable, provide the Broker with a location, construction or use permit for the property that is the subject of the contract and provide the Broker evidence of compliance with obligations to the Third side,
2. provide the Broker with documents proving 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,
3. provide the Broker and a Third Party interested in concluding the brokered deal with a tour of the property,
4. 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,
5. after concluding the pre-contract, pay the Broker a Fee,
6. reimburse the Broker for expenses incurred during the mediation that exceed the usual mediation costs,
7. inform the Broker in writing of all changes related to the work for which the Client has authorized the Broker, in particular of changes related to the ownership of real estate. The Client is not obliged to enter into negotiations for concluding a brokered deal with a Third Party found by the Broker, nor to enter into a legal deal. The Client will be liable for damages if the Client did not act in good faith, and is obliged to reimburse all costs incurred during the mediation, which may not exceed the Fee. The Client will be liable for damages if the Client acted fraudulently or failed to provide accurate information or provided inaccurate information relevant to the brokered deal in order to complete the brokered deal.
The Brokerage Fee is determined in the Brokerage Agreement.
The agreed upon Brokerage Fee includes the execution of all actions of the Broker listed in Article VI of the Terms and Conditions.
In the case of performing activities not covered in item VI of the Terms and Conditions based on the request of the Client, the price of the brokerage hourly rate is set at HRK 700.00.
In the case of performing activities not covered by item VI of the Terms and Conditions, based on the Client's request, in addition to the fee for the brokerage hour, the Client is obliged to reimburse the Broker for actual costs of performing these actions.
In the event that the concluded legal transaction includes the conclusion of a preliminary contract by which the Client and the Third Party undertook to conclude the main contract in relation to the real estate subject to mediation, the Client undertakes to pay the Brokerage Fee to the Broker in two equal parts, the first of which will be due on signing the pre-contract, and the other on the day of concluding the main contract, i.e., on the day of expiration of the deadline determined by the pre-contract for concluding the main contract.
In the event that the concluded legal transaction involves the conclusion of the main contract exclusively in relation to the real estate that is the subject of mediation, the Client undertakes to pay the Brokerage Fee to the Broker on the day of concluding the Purchase Agreement.
The withdrawal of the Client or a Third Party with whom the Client has entered into a preliminary agreement in relation to the real estate subject to mediation, as well as the withdrawal of the Client or the person with whom the Client has entered into a contract in relation to the real estate subject to mediation shall not release the Client from the obligation to pay the Brokerage Fee in the amount and manner determined by this article and the concluded Brokerage Agreement.
The Client is also obliged to pay the Fee when the Client has concluded a legal transaction with a Third Party whom the Broker has pointed out and with whom the Broker has brought the Client into contact, and which achieves the same purpose as the mediated transaction or the subject of which is the legal transaction of the real estate that is the subject of mediation.
It is considered that the Broker enabled the Client to contact the Third Party if the Broker: directly took or sent the Client to inspect the property, organized a meeting between the Client and the Third Party to negotiate a legal transaction, told the Client a name and surname, or company, telephone number, fax number, email address of a Third Party authorized to enter into a legal transaction or informed the Client of the exact location of the requested real estate.
After the termination of the Agreement, the Broker is entitled to a Fee due inside the period no longer than the duration of the Agreement and in cases where the Client concludes a legal transaction with a Third Party that is mainly a consequence of the Broker’s actions before termination.
If the Client withdraws during the conclusion of the brokered deal (after the Broker has submitted an acceptable offer), the Client is obliged to pay the Broker the amount of the agreed upon Fee.
The Broker is entitled to a Fee if the spouse or extramarital partner, descendant or parent of the Client; that is, a company, institution or other legal entity that the Client, his spouse or common-law partner, descendant or parent founder or responsible person, or a person with whom the Client has concluded an Employment Contract or Service Agreement, concludes a brokered legal transaction with a person with whom the Broker has brought the Client into contact.
For all matters not explicitly determined by these Terms and Conditions, the real Estate Brokerage Act, the Civil Obligations Act, and other legal regulations will apply.
The court in Zagreb has jurisdiction over court disputes, unless otherwise agreed.
These Terms and Conditions apply from November 1, 2014.