GENERAL TERMS AND CONDITIONS OF VICTORY REAL ESTATE j.d.o.o.
General Terms and Conditions of Real Estate Agency Victory real estate j.d.o.o. Umag, Ernesta Miloša 25
GENERAL CONDITIONS
Article 1.
The General Terms and Conditions regulate the business relationship between the agency Victory real estate j.d.o.o. (hereinafter the Intermediary) and the principal (natural or legal persons). By concluding the Mediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of these Terms and Conditions. The General Terms and Conditions are an integral part of the Mediation Agreement.
Article 2.
REAL ESTATE OFFER
The Real Estate Agent’s offer of real estate is based on data received by the Intermediary in writing, orally or electronically from the Client, and is conditioned by the signature. The broker retains the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up the sale (or lease). The Recipient’s offers and notifications must be kept as a business secret by the Recipient and may only be passed on to third parties with the written consent of the Mediator. If the recipient of the offer is already acquainted with the real estate offered by the Broker, he is obliged to inform the Broker without delay orally or in writing (e-mail, fax, registered letter, etc.). The offer and / or real estate data are considered confirmed by signing on mediation between the Principal and the Intermediary. The Agency shall not be liable for the errors referred to in paragraph 3 of this Article, except in the case of intentional errors and / or gross negligence of the Agency. The Agency is not responsible for errors and / or extremely negligent behavior of the Client.
Article 3.
REAL ESTATE PRICE
Real estate prices are expressed in EUR, and are payable in kuna equivalent at the exchange rate of the CNB on the day of payment.
Article 4.
INTERMEDIATION AGREEMENT
With the mediation contract, the Mediator undertakes to contact a third party who would negotiate a legal transaction with him, and the Client undertakes to pay the Mediator a mediation fee, if a legal transaction contract is concluded. The mediation contract is concluded between the Mediator and the Principal. The brokerage contract must accurately, truthfully and completely indicate all data on the real estate for the needs of the brokered business, as well as the obligations of the Broker and the Principal. If the real estate is co-owned by several persons, the written consent (power of attorney) of all co-owners or representatives of all co-owners of the real estate is required in the form of acceptance of the Mediation Agreement.
Article 5.
OBLIGATIONS OF THE INTERMEDIARY
1) Conclude a Brokerage Agreement with the principal in writing;
2) Try to find and bring in contact with the client a person for the purpose of concluding a brokered deal;
3) Familiarize the client with the average market price of similar real estate and warn him of possible defects in real estate;
4) Inspect the documents proving the ownership or other real right on the real estate in question and warn the client of: obvious shortcomings and possible risks related to the unregulated land registry condition of the real estate; registered real rights or other rights of third parties to real estate; legal consequences of non-compliance with third parties; deficiencies in the construction or use permit in accordance with a special law; the circumstances of the obligation to apply the right of first refusal and restrictions in legal transactions in accordance with special regulations;
5) Perform the necessary actions for the presentation of real estate on the market, advertise the real estate in a manner determined by the intermediary, and enable the inspection of real estate;
6) To keep the personal data of the principal, and upon a written order of the principal to keep as a business secret the data on the real estate for which he mediates or in connection with that real estate or with the business for which he mediates; Inform the client of all circumstances relevant to the intended work that are known to us; 7) Mediate in negotiations and strive to conclude a legal deal;
8) Attend the conclusion of the legal transaction (Pre-Agreement and Agreement); and when handing over real estate;
9) If the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning that apply to that land.
10) It is considered that the intermediary has enabled the principal to communicate with another person (natural or legal) on negotiations for concluding a mediated transaction, if the principal is enabled to enter into contact with another person with whom he negotiated a legal transaction, especially if: took or directed the principal or a third party to inspect the real estate in question; organized a meeting between the principal and another responsible person to negotiate the conclusion of a legal transaction; communicated to the client the name, telephone number, fax, e-mail, other person authorized to conclude a legal transaction or communicated the exact location of the requested real estate.
Article 6.
OBLIGATIONS OF THE ORDERING PARTY
By signing the Brokerage Agreement, the Client undertakes to perform the following in particular:
1. inform the Broker about all the circumstances that are important for the performance of the brokerage service and provide accurate information about the property
2. provide the Broker with all documents proving his ownership of the real estate, ie other real right not to the real estate that is the subject of mediation
3. warn the Broker of all registered and unregistered encumbrances that exist on the property
4. if the real estate is co-owned by several persons, the consent of all co-owners or representatives of all co-owners is required for the sale of real estate in the form of acceptance of the intermediary contract
5. provide the Broker and a third party interested in concluding the brokered deal with a direct inspection of the real estate
6. notify the Mediator in writing of any changes related to the work for which he has authorized the Mediator
7. pay the Broker a full brokerage fee for the brokerage service in the percentage agreed by the parties from the determined purchase price of the property, immediately after the conclusion of the first legal act concluded by the Client with a third party, by which act the amount was paid to the Client. down payment and / or part and / or total purchase price of the real estate
8. reimburse the Mediator for expenses incurred during the mediation, which exceed the usual mediation costs.
Article 7.
EXERCISING THE RIGHT TO VICTORY REAL ESTATE j.d.o.o.
acquires the right to a brokerage fee in full at the time of concluding the brokered deal, or by signing the Preliminary Agreement (or the Agreement if no Preliminary Agreement is concluded) by which the principal undertook to conclude the brokered deal. The fee is paid to the Intermediary at the time of signing the Preliminary Agreement (or the Agreement if the Preliminary Agreement is not concluded) of both parties. The amount of the brokerage fee for mediation in the purchase, exchange, lease and rental of real estate is charged in accordance with the Price List of Brokerage Commissions of the Real Estate Association at the Croatian Chamber of Commerce, which is an integral part of these General Terms. The amount of the brokerage fee is stated in the price list of the Victory real estate broker j.d.o.o.
The client is obliged to pay a fee when he has concluded a legal transaction with a person with whom he was brought in by the agency, different from the one for which the mediation was, which is of the same value as the legal transaction or which achieves the same purpose as the mediated legal transaction.
The mediator is entitled to compensation if the spouse, ie extramarital partner, descendant or parent of the principal concludes a mediated legal transaction with a person with whom the agency has brought the principal into contact.
Article 8.
INTERMEDIARY FEE AND MEDIATION COSTS
The mediator charges a mediation fee for his work in accordance with the agreement of the foreign party. The mediator acquires the right to mediation compensation in the amount determined by the Mediation Agreement immediately after the conclusion of the first legal act concluded by the contracting parties (pre-contract or final contract). The fee includes normal mediation costs, except for costs that pass to normal mediation costs. The mediator is entitled to the costs and expenses incurred during the mediation, which costs exceed the usual costs of mediation. The Intermediary shall notify the Client in writing of the costs that exceed the usual costs of mediation and the obligation to pay them.
Article 9.
The Broker’s fee and costs referred to in Article 8. The Client is obliged to pay the Broker’s invoice no later than 15 working days from the assumption of the invoice. The Broker will calculate VAT on the amount of brokerage fees according to the legal regulations rate, regardless of whether the agency is in the VAT system.
Article 10.
The Client is obliged to pay the Intermediary Fee and Expenses referred to in Article 9 to the Intermediary’s account no later than 15 working days from the issuance of the invoice. The Broker will calculate VAT on the amount of the brokerage fee at the legally prescribed rate, depending on whether the agency is in the VAT system.
Article 11.
If the Client withdraws from concluding a legal transaction during the conclusion of the brokered transaction, he is obliged to pay the Mediator the real costs incurred during the mediation, ie to pay the Broker the costs of time spent, advertising and other effectively incurred costs.
Article 12.
The mediator is also entitled to mediation compensation in the event that it is not explicitly agreed in the mediation contract. The amount of the fee is determined by the intermediary tariff.
Article 13.
LIABILITY FOR DAMAGES
If he violates the obligation to keep business secrets, the Mediator is obliged to pay the injured parties the damage they have suffered due to the disclosure or non-preservation of business secrets. It is not considered that the duty of professional secrecy has been violated if the Mediator discloses the information to the persons with whom it seeks to contact the Client, which was absolutely necessary for the Mediator to fulfill its obligation under the Mediation Agreement concluded with the Client. The Client is liable for damages if he acted fraudulently, if he failed to provide and / or provided incorrect information relevant to the brokerage business. The Client is also liable for damages in the event of intentional or grossly negligent conduct on his part, towards the Agency and / or a third party with whom the Agency has brought him into contact. In the case referred to in paragraph 2 of this Article, the Intermediary and the Principal agree on the obligation of the Principal to pay to the Agency all costs incurred during the mediation, which may not exceed the intermediary fee for the mediated work.
Article 14.
PRICE LIST OF INTERMEDIARY SERVICES
PRICE LIST VICTORY REAL ESTATE j.d.o.o.
brokerage fees for mediation performed during the sale, exchange, lease,
rental real estate and other agency services
PURCHASE AND SALE
The fee is charged as a percentage of the total amount of the purchase price achieved.
Total fee – 6%, but not less than HRK 16,000.00
SALE
Fee for mediation in the sale of real estate
(charged from the seller) – 3%, but not less than HRK 8,000.00
SHOPPING
Fee for mediation when buying real estate
(charged from the customer) – 3%, but not less than HRK 8,000.00
REPLACEMENT
When exchanging real estate, the fee is charged by each party in the exchange, and the percentage is calculated from the value of the real estate that the party acquired by exchange – 3%, but not less than HRK 8,000.00
LEASE AND RENT
RENTAL – fee from the landlord (lessor)
Percentage of monthly rent (one-time) –
100% – Minimum
150% – For rent or lease lasting 5 to 10 years
200% – For rent or lease for 10 years or more
RENTAL – commission from the tenant (tenant)
Percentage of monthly rent (one-time)
100% – Minimum for rent
150% – For rent or lease lasting 5 to 10 years
200% – For rent or lease for 10 years or more
OTHER SERVICES
Business consulting and engagement of intermediaries – HRK 500.00 / hour
Service of obtaining an excerpt from the land register, copies of the cadastral plan,
title deed and other documents with state administration bodies, local and regional
self-government in the place of the agency’s headquarters – HRK 200.00
Service of obtaining an excerpt from the land register, copies of the cadastral plan,
title deed and other documents with state administration bodies, local and regional
self-government outside the place of the agency’s headquarters – 150,00 kn / hour + 2 kn per km traveled
-VAT is not included in the price
– Fees and administrative fees are not included in the price
-for the amount collected, we reduce the brokerage fee for the sale of real estate
Article 15.
EXCLUSIVE MEDIATION
With the mediation contract, the Client may undertake not to hire any other intermediary (exclusively mediation) for the mediated legal transaction, which obligation must be explicitly agreed. If during the duration of the Exclusive Mediation Agreement the Client has entered into a legal transaction through the Intermediary through another intermediary, and for which legal transaction the exclusive intermediary was given a mediation order, he is obliged to pay the Mediator the actual costs incurred during the mediation. When concluding the contract on exclusive mediation, the intermediary is obliged to warn the Client of the meaning and legal consequences of this provision.
Article 16.
DURATION OF THE CONTRACT AND TERMINATION OF THE CONTRACT
The brokerage contract is concluded for a period of 12 months and terminates upon the expiration of the term for which it was concluded, unless the work for which the mediation was concluded was concluded within that period. The Parties may terminate the Mediation Agreement even before the expiration of the term for which the Agreement was concluded for a particularly justified reason, and only in writing by either party. The notice period is 8 (eight) days from the receipt of the notice. The Client is obliged to reimburse the Mediator for the costs of mediation. If the Mediation Agreement terminates after the expiration of the time, the contracting parties have no claims against each other. If the Client concludes a legal transaction with a third party, he is obliged to notify the mediator in writing within 8 (eight) days of the termination of the mediation obligation or the termination of the Mediation Agreement.
Article 17.
PERSONAL DATA PROTECTION (GDPR)
By signing the brokerage agreement, the client gives his explicit consent to VICTORY REAL ESTATE j. d.o.o. for the use of personal data and other data from the contract, and confirms that he has been informed about the method of data processing.
We process personal data in accordance with the provisions of the General Regulation on Data Protection, the Act on the Implementation of the General Regulation on Data Protection and other regulations on the protection of personal data.
The information is considered secret and cannot be disclosed to third parties, unless this information is necessary for the implementation of contractual and legal obligations.
Article 18.
FINAL PROVISIONS
For the relations between the intermediary and the agency and other persons concerned, which are not regulated by these General Terms and Conditions or the intermediary contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply.
In case of a dispute, the contracting parties are obliged to try to resolve the dispute by conciliation or through the Conciliation Center at the Croatian Chamber of Commerce, and only if the conciliation fails to initiate litigation with the Municipal Court in Pula – permanent service in Buje.
Umag, November 2020
VICTORY REAL ESTATE j.d.o.o