GENERAL TERMS AND CONDITIONS
Pursuant to the provisions of the Real Estate Brokerage Act Miramare Real Estate d.o.o. (hereinafter: Kastel) adopt the following:
GENERAL TERMS AND CONDITIONS
Article 1General Terms and Conditions
These General Terms and Conditions (hereinafter: GTC) contain the provisions in particular on:
- performance of the Real Estate Agent’s brokerage in real estate transactions,
- types of brokerage contracts in real estate transactions, their conclusion, completion and termination
- rights and obligations of the Real Estate Agent and the Client,
- brokerage fee.
Specific terms in the sense of these GTC have the following meanings:
1.Brokerage in real estate transactions are the Real Estate Agent’s actions related to liaising the Client with the third person, as well as negotiations and preparation for legal transactions conclusion the subject matter of which is the specific real estate transaction, involving the purchase, sale, substitution, rental, lease and other.
2.Real Estate Agent is a company (agency’s name) for services and trade, which performs the activity: Real estate agency, i.e. the agent in real estate transactions.
3.Client is a natural or legal, domestic or foreign person that concludes the Brokerage Contract (seller, buyer, lease, lessor and other possible participants in real estate transactions) with the Real Estate Agent.
4.Third party is a person that the Real Estate Agent attempts to link with the Client for negotiations on concluding legal transaction the subject matter of which is a specific real estate.
5.Real estates are land parcels, together with everything that is permanently attached to the land on the surface or below the ground in compliance with the provisions of the general regulation on ownership and other real rights.
Article 3The Real Estate Agent receives or gives offers in writing or verbally to conclude Brokerage Contracts with the Clients.
Article 4(1)By the Real Estate Transactions Brokerage Contract (hereinafter: Contract), the Real Estate Agent undertakes to attempt and liaise a third party with the Client for negotiations and conclusion of a specific legal transaction on the transfer or establishment of a specific right on real estate, while the Client undertakes to pay to it a specific brokerage fee if that legal transaction is concluded.
(2)The Contract is concluded in writing and for a specific time. The Contract is deemed concluded when signed by both contracting parties.
(3)If the Real Estate Agent and Client don’t specify the period for which the Contract is concluded, it shall be deemed concluded for a specific period of 12 months and it can be extended for several times by the parties’ agreement.
(4)The provision of the general civil obligations regulation shall be applied to compulsory relationship between the Real Estate Agent and the Client.
Article 5Contents of the Contract
(1)The Contract specifies the information on the Real Estate Agent, Client, type and substance of the transaction for which the Real Estate Agent provides brokerage, on the brokerage fee, deadline and terms of payment of brokerage fee, and on the possible additional costs incurred when the Real Estate Agent, in agreement with the Client, performs other services as well related to the transaction that is the subject matter of the brokerage.
(2)The Contract may also contain other information related to the transaction for which the brokerage is provided.
Article 6Exclusive brokerage
(1)Pursuant the Contract, the Client may be obliged not to hire any other Real Estate Agent for brokerage provision, i.e. that it shall not sell the real estate on its own or in any other way — the Exclusive Brokerage Contract, an obligation that must be exclusively contracted, while the Real Estate Agent is obliged to specially wart the Client of the meaning and legal consequences of that clause.
(2)If during the Exclusive Brokerage Contract the Client has concluded, without the Real Estate Agent, a legal transaction through another Real Estate Agent, or alone or in any other way, and for which the brokerage order was exclusively given to the Real Estate Agent, it is obliged to pay to the Real Estate Agent a brokerage fee in the amount as if the Real Estate Agent has provided brokerage or the actual costs incurred during the brokerage that cannot be higher than the brokerage fee for transaction for which the brokerage was provided, and which shall be contracted when concluding the Exclusive Brokerage Contract.Article 7Termination of the Brokerage Contract
(1)The Contract concluded for a specified period shall be terminated upon the expiry of the period for which it was concluded if within that period no Contract was concluded for which the brokerage was provided or by the cancellation of any of the Contracting parties. If the cancellation period is not specifically specified by the Contract, the cancellation period shall be 8 days as of the cancellation receipt.
(2)The Client is obliged to reimburse the costs incurred to the Real Estate Agent for which it was previously exclusively contracted that the Client shall pay them additionally.
(3)If within the period not longer than the duration of the concluded Contract, after the termination of that Contract, the Client concludes a legal transaction that is primarily the result of the Real Estate Agent’s action prior to the Contract’s termination, it shall be obliged to pay to the Real Estate Agent the full brokerage fee, unless otherwise contracted by the Contract.
(4)The provisions of this Article also refer to the termination of the Exclusive Brokerage Contract.
IV.RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
IV. I. OBLIGATIONS OF THE REAL ESTATE AGENT
Article 8(1)When performing the brokerage services, i.e. other actions related to the transaction that is the subject matter of brokerage, the Real Estate Agent shall act with increased care, according to the rules and customs of profession (due professional care).
(2)The Real Estate Agent shall advertise its company when advertising in public media, i.e. other written and electronic media, within its premises or in other locations where advertising is allowed related to the real estate that is the subject matter of brokerage.
Article 9The Real Estate Agent is obliged to perform the following in particular:
1.attempt to find and connect the third person with the Client to enter a brokerage transaction,
2.inform the Client of the average market price of the similar real estate,
3.obtain and inspect the documents proving the ownership or other real right on the said real estate,
4.perform necessary actions to present (presentations) real estates on the market, advertise the real estate appropriately and perform other actions agreed by the Real Estate Brokerage Contract by transactions exceeding the usual presentation, and for which it is entitled to additional, in advance agreed costs,
5.enable the review of real estates,
6.intervene in negotiations and promote the Contract conclusion, if specifically committed to it,
7.keep the Client’s personal information and according to the Client’s written order keep as a trade secret the information of the real estate for which brokerage is provided either regarding that real estate or the transaction for which brokerage is provided,
8.if the subject matter of the Contract conclusion is the land, check the purpose of the said land in compliance with the physical planning regulations referring to that land,
9.inform the Client on all circumstances important for the intended transaction that s/he is aware of or needs to be informed of.Article 10(1)It is deemed that the Real Estate Agent has enabled the liaison with the third party to the Client regarding the negotiations to conclude the intended transaction if the Client is enabled to get in touch with the third party with whom the Client has negotiated to conclude the legal transaction, and especially if it has
- immediately taken or sent the Client to visit the said real estate
- organized a meeting between the Client and the third party for negotiation to conclude the legal transaction
- informed the Client of the name, phone or fax number, or address of the third party or has informed it of the exact location of the requested real estate.
(2)The Real Estate Agent that carries out the brokerage for the Client that wants to remain anonymous has no obligation to the third party to disclose the Client’s identity until the conclusion of the legal transaction.
IV.II. OBLIGATIONS OF THE CLIENT
Article 11(1)The Client undertakes to perform the following in particular:
1.conclude the Brokerage Contract or Exclusive Brokerage Contract with the Real Estate Agent
2.inform the Real Estate Agent on all circumstances important to perform brokerage and provide the accurate information on the real estate, and in case of brokerage, to enable to the Real Estate Agent to check the location permit, building permit or certificate of occupancy for the real estate that is the Contract’s subject matter and to provide to the Real Estate Agent the evidence on compliance with the third party’s obligations,
3.enable the Real Estate Agent to check the documents proving its ownership on the real estate, i.e. other real right on the real estate that is the Contract’s subject matter, and to warn the Real Estate Agent of all registered and non-registered encumbrances existing on the real estate,
4.to enable the Real Estate Agent and the third party to visit the real estate,
5.inform the Real Estate Agent on all important information about the requested real estate, which particularly includes the real estate’s description and price,
6.the Client shall keep the Real Estate Agent’s offers and notifications confidential and they can be transferred to the third party only with the Real Estate Agent’s written approval, and if the offer’s receiver or the Client has been informed of the real estates that are offered to it by the Real Estate Agent, it is obliged to immediately inform the Real Estate Agent about it,
7.after concluding the brokerage legal transaction, i.e. pre-contract agreement whereby it has undertaken to conclude the said legal transaction, to pay to the Real Estate Agent a brokerage fee, unless otherwise contracted,
8.if it has been explicitly contracted, to reimburse the Real Estate Agent for the costs incurred during the brokerage exceeding the usual brokerage costs,
inform the Real Estate Agent in writing on all changes regarding the transaction for which the Real Estate Agent was authorized, and especially on the changes related to the ownership of the real estate.
(2)The Client is not required to start negotiations for a brokerage transaction’s conclusion with the third party that was found by the Real Estate Agent, nor to conclude a legal transaction, and the Contract’s provision whereby otherwise was contracted is void. The Client shall be liable for damages if it has not acted in good faith, and shall be obliged to reimburse all costs incurred during the brokerage, that may not be higher than the brokerage fee for the transaction for which the brokerage was provided.
Article 12(1) The amount of the brokerage fee is specified by the Contract, and in accordance with the Real Estate Agent’s Pricelist.
Article 13Right to brokerage fee
(1)The Real Estate Agent shall be entitled to the Fee at the moment of concluding the legal transaction for which the brokerage was provided, i.e. when concluding the pre-contract agreement for the legal transaction for which the brokerage was provided, unless otherwise contracted.
(2)The Real Estate Agent may not require partial payment of the fee in advance, i.e. before the pre-contract agreement or Contract has been concluded, in compliance with paragraph 1 of this Article. The costs of additional services regarding the transaction for which the brokerage was provided may be charged by the Real Estate Agent in the amount of the actual costs if it was especially contracted between the Real Estate Agent and the Client.
(3)After the Contract’s termination, the Real Estate Agent is entitled to the Fee within 12 months unless otherwise contracted by the Contract and in cases when the Client concludes with the third party the legal transaction that is a consequence of the Real Estate Agent’s action prior to the Brokerage Contract’s termination.
(4)The Real Estate Agent is entitled to the Fee also if the Client’s spouse, or civil partner, offspring or parent concludes the legal transaction for which brokerage was provided by the Real Estate Agent with the third party and whom the Real Estate Agent has introduced to the Client.
(5)The Real Estate Agent is entitled to the Fee even if it was not exclusively contracted in the Brokerage Contract. The amount of fee is specified in the Pricelist.Article 14Amounts of fees
The fee is paid in percentages out of the total reached amount of the purchase price, and VAT is calculated on it. The amounts of fees are specified in the Pricelist.
(1)The relations between the Real Estate Agent and the Client, which are not regulated by these General Terms and Conditions, or by the Brokerage Contract or Exclusive Brokerage Contract, shall be governed by the provisions of the Real Estate Brokerage Act, or if they are not regulated by it, then the general provisions of the Brokerage Contract and other provisions of the Civil Obligations Act shall be applied.
(2)Possible disputes shall be settled by the court in Zagreb with the subject matter jurisdiction.