General Terms and Conditions
"ISTRA REAL ESTATE" AGENCY - GENERAL TERMS AND CONDITIONS OF BUSINESS
In accordance with the regulations of the Real Estate Brokerage Act (OG "107/07), the Istra Real Estate Agency adopts the General Terms and Conditions below.
The General Terms and Conditions regulate the business relationship between the Istra Real Estate Agency (hereinafter: the Agency) as an intermediary and the principal (natural or legal person). By concluding the Mediation Agreement, the Principle confirms that he is familiar with and agrees with the regulations of all business conditions of the Agency.
BUSINESS MANNERS AND GENERAL TERMS AND CONDITIONS of the Istra Real Estate Agency1. OFFERSThe Agency's offers are based on information we receive in writing or orally, and are subject to confirmation. We retain the possibility of mistake or confusion in the description and price of the property, and the possibility that the property has previously been sold, rented or the owner of the property has given up the sale (or rent / lease).
The recipient (principal) must keep our offers and notices confidential and may only pass them on to a third party with our written consent.
If the recipient of our offer is already familiar with any of the facilities we have offered, he is obliged to inform us without delay.
2. OBLIGATIONS OF THE AGENCY1. sign a Brokerage Contract with the Principle in writing (standard or exclusive),
2. try to find and put into contact a client with the Principle in order to conclude the mediated deal,
3. acquaint the Principle with the average market price of a similar real estate,
4. warn the Principle with defects in the property,
5. inspect the documents proving the ownership or other real right on the real estate in question and to warn the Principle of obvious deficiencies and possible risks due to the unregulated land registry condition of the real estate,
6. acquaint the client with all legal, tax and other obligations arising for him from the legal transaction regarding the real estate in question,
7. perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in an appropriate manner determined by the Agency,
8. enable real estate inspection,
9. keep the personal data of the principal, and upon a written order of the principal to keep as a business secret all data on the real estate for which he mediates, or in connection with that real estate, or with the business for which he mediates,
10. inform the Principle of all circumstances relevant to the intended work that are known to the Agency,
11. mediate in negotiations and try to reach a legal deal of purchase and sale,
12. be present at the conclusion of the legal transaction (Preliminary Agreement and Agreement),
13. be present at the handover of the real estate which is the subject of the legal transaction,
14. if the Principle authorizes the Istra Real Estate Agency, the agency will perform the following for the Principle:
- after reaching an agreement, draw up a Preliminary Agreement and an Agreement on the sale / exchange / lease / rental of real estate,
- organize the verification of the signatures of the contracting parties with the Notary Public,
- in case of using a bank loan, the agency will perform all necessary actions for the realization of the legal transaction,
- file a tax return and perform all necessary actions with the competent Tax Administration,
- submit valid documentation for the transfer of utilities from the Seller to the Buyer, in the croatian electric power industry (HEP-Elektra), Natural gas distribution company, Housing and Communal Services, District Heating,
- organize actions for the composition of the proposal for registration of ownership rights to the purchased real estate and the implementation of the transfer of ownership rights in the name of the Buyer at the Land Registry Department of the competent Municipal Court.
It is considered that the agency has enabled the Principal to get in touch with another person (natural or legal) with whom he negotiated for the conclusion of a legal transaction, especially if it; directly took or instructed the Principal to inspect the property in question; organized a meeting between the Principal and the other contracting party to negotiate a legal transaction; communicated to the Principal the name, telephone number, e-mail, or fax of another person authorized to enter into a legal transaction or communicated to him the exact location of the requested real estate.
3. OBLIGATIONS OF THE PRINCIPAL/ORDERING PARTY1. enter into a Brokerage Agreement with the Agency in writing (standard or exclusive),
2. inform the Agency of all circumstances that are important for the mediation and provide accurate information about the property. If possessed, to give the mediator a location, construction or use permit for the property that is the subject of the contract and provide the broker with evidence of compliance with third parties,
3. give the mediator access to documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the contract and warn the mediator of all registered and unregistered encumbrances that exist on the real estate,
4. enable, ie provide the Agency and a third party interested in concluding an intermediary transaction with a visit of the real estate,
5. inform the Agency of all relevant information about the requested real estate, which includes in particular the description of the real estate and the price,
6. immediately after the conclusion of the mediated legal transaction, ie the pre-contract by which he undertook to conclude the mediated legal transaction, to pay the agreed fee (commission) to the Agency, unless otherwise agreed,
7. reimburse the Agency for costs incurred during the mediation, which exceed the usual costs of mediation, including input costs for real estate auctions,
8. notify the Agency in writing of all changes related to the work for which he has authorized the Agency, and in particular of changes related to the ownership of real estate,
9. the Principal will be liable for damages, if he did not act in good faith, or if he acted fraudulently, as well as if he failed to provide or gave inaccurate information relevant to the mediation business in order to complete the legal transaction, and is obliged to reimburse the Agency for all costs incurred during the mediation, which may not exceed the brokerage fee for the mediated work.
4. EXERCISING THE RIGHT TO COMPENSATIONThe Agency acquires the right to compensation in full at the time of concluding the mediated transaction, ie by signing a down payment agreement, reservation, pre-agreement or a contract by which the Principal undertook to conclude the mediated legal transaction. The fee is paid to the agency at the time of concluding the legal transaction.
The amount of brokerage fees for mediation in the purchase, exchange, lease and rental of real estate is charged in accordance with the Brokerage Agreement.
The Agency may contract the right to reimbursement of the costs necessary for the execution of the order and request funds in advance for certain expenses, including entry costs for organizing and holding real estate auctions.
The Principal is also obliged to pay the fee when he has concluded a legal transaction with the person with whom he was brought in by the Agency, different from the one for which it was mediated, which is of the same value as the legal transaction or which achieves the same purpose as the mediated legal transaction.
The Agency 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.
5. PRICE LIST - AMOUNTS OF FEESThe following percentages are paid as an intermediary fee and are not subject to VAT.
- SALEThe commission of the Agency is 2-3% of the achieved amount of the purchase price of the real estate. It is defined when signing the mediation contract.
For Principals with whom the Agency has an exclusive intermediary contract, the commission is charged according to the amount agreed and stated in the contract.
- PURCHASEThe commission of the Agency is 2-3% of the achieved amount of the purchase price of the real estate.
The commission is charged from the buyer if it is agreed or if the Agency has received a written or oral real estate demand order from the buyer, or if the buyer participates or buys real estate at a public real estate auction.
In the case where the Agency has an exclusive brokerage contract, a commission is charged according to the amount agreed and specified in the contract.
- EXCHANGEThe Agency's commission is 2-3% and is charged by each party in exchange, and the percentage is calculated from the value of the real estate acquired by the party through exchange.
- RENT / LEASEIn the case of a lease or rent agreement (agreed duration of lease / rent up to 5 years), 100% of the monthly lease / rent is charged from the landlord / lessor. The same amount for the same agreed duration is charged from the tenant / lessee.
For contracts longer than 5 years of lease / rent, we charge 150% of the amount of monthly lease / rent from the landlord / lessor, or the tenant / lessee.
For clients with whom we have an exclusive intermediary contract, we charge according to the amount agreed and specified in the same.
- BROKERAGE HOURLY RATEThe amount of brokerage hours with costs included (time spent, production and advertising of other costs related to the intermediate business) is 300.00 HRK.
- COSTS NOT INCLUDED IN THE MEDIATION FEE- mediation in drafting contracts and documents in the form of notarial documents.
6. TERMINATION OF THE CONTRACTIf the contracting parties do not agree on the term for which they conclude the Brokerage Agreement, the Real Estate Brokerage Agreement shall be deemed to have been concluded for a determined period of 12 months and may be extended several times by agreement of the parties.
A fixed-term mediation contract terminates upon the expiration of the term for which it was concluded, if no contract for which mediation has been agreed has been concluded within that period, or by notice of either party, in which case the party is obliged to notify the other party in writing. If the notice period is not explicitly determined by the mediation agreement, the notice period is 7 days from the receipt of the notice. When the real estate brokerage contract is terminated by notice, the contracting parties have no claims against each other.
The parties may withdraw from the real estate brokerage contract before the expiration of the contracted period only for a particularly justified reason. In that case, the Principal is obliged to reimburse the agency for the costs incurred.
If, within a period not exceeding the duration of the concluded mediation contract, after the termination of that contract the Principal concludes a legal transaction which is mainly a consequence of the Agency's actions before the termination of the mediation contract, he shall pay the mediation fee in full, unless otherwise agreed.
When the contract is terminated due to expiration of the time, the Principal is obliged to reimburse the Agency for the costs incurred for which it was otherwise explicitly agreed that the Principal pays them separately.
If the Principal withdraws the property from sale at the real estate auction, and before the auction itself, to which he is entitled, then the amount of such withdrawal is equal to the amount of the intermediary fee for sellers referred to in Article 5.1 above.
7. COOPERATION WITH OTHER AGENCIESThe Agency may offer real estate to other agencies with which it cooperates, only with the consent and consent of the Principal.
8. GENERAL PROVISIONS AND SETTLEMENT OF DISPUTESThe provisions of the Real Estate Brokerage Act and the general provisions of the Civil Obligations Act shall apply to the relations between the Principal and the Agency arising from brokerage contracts that are not regulated by these General Terms and Conditions or the brokerage contract.
Possible disputes will be resolved by the jurisdiction of the Municipal Court in Pazin, ie the Commercial Court in Poreč in accordance with the actual jurisdiction.
