I. Definition of terms contained in the General Conditions
For the purposes of these General Conditions shall have the following meanings:
- Mediator in real estate transactions is authorized agency that meets the requirements for mediation in real estate, or “Select Home” – Real Estate Agency (hereinafter referred to as the Agent).
- Real estate agent is a natural person who is listed in the official Real Estate Agents Directory and employed as such(hereinafter referred to as the Agent).
- Mediation in real estate is connecting the principal and the third party negotiations and preparations for the conclusion of legal transactions which are subject to certain property, especially in the purchase, sale, exchange, lease, rental, etc.
- Principal is a natural or legal person who with real estate agents enters into a written agreement on mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate – hereinafter referred to as the Principal).
- Third person is a person that real estate broker is trying to connect with the customer in order to negotiate business contracts which are subject to certain real property (hereinafter referred to as the third person).
Listing of agency is based on data received in writing or orally by the owner of property offered for rent/sale or data received written or oral order of a customer. Mediator retains the possibility of error and prior sale or withdrawal by the owner of the property.
III. Contract of Real Estate Brokerage
Real Estate Agreement (hereinafter the -Agreement) obliges the mediator try to find and bring to the ordering third parties for the negotiation and conclusion of certain legal work on transferring or establishing certain rights to the property, and the Customer agrees to he paid particular agency commission (hereinafter -fee) if the legal transaction is concluded. The contract is concluded in writing and at a specific time. If the parties fail to agree on a deadline to conclude a contract, it is believed that the Agreement was concluded for a fixed period of 12 months and can be on multiple occasions extended.
IV. Termination of Mediation
The brokerage agreement concluded for a definite period shall terminate upon the expiry of the contractual period if that period is not included in the agreement which is mediated or cancellation of any of the parties. The Customer shall reimburse the costs incurred for which has agreed to be paid by the Bidder.
V. Exclusively Mediation
Contract the Principal can commit to for the brokerage work will not engage any other agent (exclusive agency), that obligation must be expressly agreed. If during the term of the Agreement or exclusively of mediation made by the Principal Mediator legal work through another agent, and which is the sole agent was given the order for mediation, the mediator shall pay the actual costs incurred during the mediation. If the amount of fees was agreed, the Customer is required to reimburse the mediator of the actual costs incurred during the mediation, which can not be higher than fees for brokerage work. At the conclusion of contracts or exclusively mediating agent is required to specifically warn the Principal of the legal consequences of this clause.
VI. Obligations of the Mediator
The contract mediator undertakes to perform in particular the following:
- Trying to find and bring to the ordering party to concluding mediated business,
- Inform Principal of the average market price of similar property,
- Perform access to documents proving ownership or other real rights over the property and alert the customer to possible disadvantages and potential risks related to the disordered state of the land property, Property rights or other rights of third parties in the property, Legal consequences of failure to meet obligations to third parties, Disadvantages of building and operating permit pursuant to a separate law, Circumstances obligation to apply pre-emption rights and restrictions in the legal system in accordance with special regulations
- To do necessary actions for presentation (presentation) real estate market, advertise the property appropriately and perform all other actions agreed upon in the real estate brokerage that exceed the usual presentation, and you are entitled to special, pre-denominated costs,
- Preform inspection of property,
- To meditate in the negotiations and try to reach the conclusion of the contract, if it so specifically pledged,
- Keep Principal’s personal information and the written order of a customer as a business secret information about the property for which mediates or in relation to this property or business for which mediate
- If is the subject of the contract land, check use the land in accordance with the regulations on spatial planning related to the land,
- Inform Principal of all the circumstances relevant to the intended business known to him, or he must be known.
VII. The obligation of the Customer
Conclude Agreement on Mediation and the Mediator:
- Inform Mediator of all circumstances relevant to the proposed mediation and give the accurate information about the property and if it has to give evidence of the location, building or occupancy permit for the property that is the subject of the contract and shall provide the mediator proof of fulfillment of obligations under the Third side
- Date mediator of the documents confirming the ownership of the real estate or other real rights on real property that is the subject of the contract and alert agents to all registered and unregistered burdens on the property,
- Insure intermediaries and third parties interested in concluding mediated business tour of the property,
- Inform agents on all the relevant information about requested property which specifically includes property description and price,
- After the conclusion of the preliminary contract, pay the mediator fee,
- Pay mediator of the costs incurred during the mediation that exceed the usual costs of mediation,
- Inform the Agent in writing of any changes related to the job for which the authorized intermediary, in particular the changes associated with the ownership of the property.
- The Principal is not obliged to enter into negotiations for the conclusion of the mediated dealings with third parties by the mediator alone, nor to enter into a legal transaction. The client will be liable for damages if he did not act in good faith, and shall reimburse all costs incurred during the mediation, which can not be higher than fees.
- The client will be liable for damages if it acted fraudulently, if withheld or given incorrect information relevant to the tasks of mediation to end the brokered transaction.
VIII. Agency Fee
The level of fees is determined by the Real Estate Agreement and of up to 6% of the purchase price of the property, or in the case of the conclusion of the lease or rental amount agreed monthly rental payments. The agreed fee includes the execution of all the actions agents in Point. VI General Terms and Conditions. In the case of actions that are not covered items. VI General Terms and Conditions broker’s hourly rate is 350.00 kuna. In the case of actions that are not covered items. VI General Terms and Conditions, and at the request of the Customer, and the same is required in addition to fees for used mediation, the mediator schedules reimburse the actual cost of carrying out these actions. The Agent is entitled to compensation in full concurrently with the conclusion of the legal business who brokered, with the conclusion of the legal work is considered and the conclusion of the preliminary contract which the Principal and the third person committed to conclude the main contract to purchase, rent, lease or other agreement in connection with property that is the subject of mediation. Customer shall pay compensation if the third party, to which he pointed intermediary with whom the Agent brought into contact, concluded legal work other than that for which it intervened, and which achieves the same purpose as the brokered business.
It is believed that the mediator provide the ordering party in connection with a third party if: • immediately took the ordering party to tour of the property, • organized a meeting between the Principal and the third party for the purpose of negotiation of a contract, • Principal with the name, phone number, fax number, e-mail address of a third party authorized to conclude a legal transaction or gave him the exact location of the property.
After the termination of the Contract Agent shall be entitled to compensation in a period not longer than the duration of the Agreement in cases where the Customer enters into with a third party business transaction which is mainly the result of a mediator action prior to the termination of the Agreement. If the Customer cancels during the conclusion of the mediation work (after his Mediator submitted an acceptable offer), the mediator shall pay the amount contracted for. Agent is entitled to compensation if the spouse or common-law spouse, descendant or parent of the Principal concludes an agreement with the person with whom the principal mediator brought into contact.
All made and delivered service agencies have to be paid within 8 days after the execution of the service or the issuance of invoice – client account. After the deadline for payment will be charged the statutory legal interest. The Agency is required for all services charged issue to the client account.
The cost of administrative or court fees incurred for the purpose of obtaining the necessary equity and other documents which are a prerequisite for placing on the market of real estate, registration of ownership rights in the Land Register, drafting contracts and documents in the form of a notarised documents shall be borne by the Customer. General Terms and Conditions are an integral part of every contract entered into by the Principal Agent. For everything that is not explicitly defined in these General Conditions shall apply to the Law on Real Estate Brokerage Act on Obligations and other legislation.
These provisions shall enter into force on 17.11.2014.
Select Home j.d.o.o.