In accordance with the Real Estate Brokerage Act (NN 32/19), VIR MARETA REAL ESTATE , Virski put 43, 23 234 Vir, OIB: 14142431926 as an intermediary adopts the General Conditions for the Performance of Mediation.
I. GENERAL PROVISIONS
Article 1.
The general terms and conditions of the real estate agent's business (hereinafter referred to as the General Terms and Conditions) govern the business relationship between the real estate agency (hereinafter: the Intermediary) and the natural and/or legal person (hereinafter referred to as the Principal) who concludes the Real Estate Brokerage Agreement with the Broker.
The general terms and conditions are an integral part of the Mediation Treaty.
Article 2.
Some concepts and names within the meaning of these General Terms and Conditions have the following meaning:
Real estate agent (Agency) - VIR MARETA REAL ESTATE from Vir, Virski put 43.
Real estate brokerage is all the actions of the Real Estate Agent related to the connection between the Principal and a third party and negotiations and preparations for the conclusion of legal transactions that are the subject of a particular real estate, especially when buying, selling, replacing, renting, leasing, etc.
The Principal is a natural or legal person who concludes a Mediation Agreement with the Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
A third party is a person whom the Real Estate Agent seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions, the subject of which the property is determined.
Real estate is particles of the earth's surface, together with everything that is permanently connected to the land on or below the surface in accordance with the provisions of the Law on Ownership and Other Real Rights.
The intermediary fee is the amount that the Principal is obliged to pay to the Broker for mediation services.
II. REAL ESTATE OFFER
Article 3.
Vir MARETA REAL ESTATE Agency's offer is based on data received orally, in writing or electronically by the Principal.
The offer or real estate data is considered confirmed by the signing of the Brokerage Agreement between the Principal and the Broker.
The Agency retains the possibility of an 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 of the offered property.
The Agency shall not be liable for the errors referred to in paragraph 3 of this Article except in the event of intentional errors.
The Agency is not responsible for errors or grossly negligent behavior of the Principal.
The Agency's tenders must be kept a trade secret by the Principal and only with the written approval of the Agency may be transferred to a third party.
If the Principal is already familiar with the real estate offered to him, he is obliged to inform the Agency without delay orally, in writing, by e-mail, fax, registered letter, etc.
Article 4.
Through the mediation contract, the Mediator undertakes to liaise with the Principal a third party who would negotiate with him on the conclusion of a legal deal, and the Principal undertakes to pay the Broker an intermediary fee to the Mediator, if a legal agreement is concluded.
The mediation contract is concluded between the Mediator and the Principal. The Brokerage Agreement must accurately, truthfully and fully indicate the real estate information for the purposes of the brokered deal.
Article 5.
If the property is co-owned by several persons, written consent (power of attorney) of all co-owners or representatives of all co-owners of the property is required in the form of acceptance of the Mediation Agreement.
III INTERMEDIARY LIABILITIES
Article 6.
Through the mediation contract, the Broker undertakes to perform in particular the following:
- seek the opportunity to conclude a mediated business agreement between the Principal and a third party, with the attention of a good businessman
- seek to find and liaise with the Principal a third party for the purpose of concluding a legal business
- mediate in negotiations and strive for a legal deal to be concluded
- introduce the Principal to the average market price of a similar property
- warn the Principal with defects in the property and with the market situation
- inspect documents proving ownership and/or other actual right to immovable property and warn the Principal about obvious shortcomings and possible risks due to the unregulated land registry status of the immovable property, registered real rights or other rights of third parties on the immovable property
- inform the Principal of all circumstances relevant to the intended work known to him or must be known to him
- keep the personal data of the Principal and, at the written order of the Principal, keep as a trade secret information about the real estate for which he mediates either in connection with that property or with the business for which he mediates
- advertise the property according to the General Terms and Conditions of the Broker for the best possible presentation of the property on the market and perform other actions that exceed the usual presentation in agreement with the Principal
- mediate at the handover of the property
- if the subject of the conclusion of the contract is land, check the purpose of the land in question in accordance with the applicable zoning regulations relating to that land
- enable the inspection of real estate to the Principal and third parties
- the intermediary reserves the subjective right not to bring in connection with the potential buyer and/or seller with the potential buyer and/or seller if he independently deems that they are irresponsible and frivolous clients.
- in cooperation with the law firm to draw up for the Principal a pre-contract for the sale, Sales Contract, Tabular Declaration, Proposal for registration of property ownership rights with the competent Municipal Court, Land and Book Department
IV PRINCIPAL'S OBLIGATIONS
Article 7.
By means of the mediation contract, the Principal undertakes to perform in particular the following:
- inform the Broker of all the circumstances that are important for the performance of the mediation service and present accurate information about the immovable property
- give the Broker for inspection all documents proving his ownership of the immovable property, i.e. another real estate not to the real estate subject to mediation
- warn the Broker about all registered and unrecorded cargoes that exist on the property
- if the property is co-owned by several persons, the consent of all co-owners or representatives of all co-owners for the sale of the immovable property is required, in the form of acceptance of the intermediary contract
- provide the Broker and a third party interested in concluding a mediated deal with an immediate overview of the property
- inform the Broker in writing of any changes related to the work for which he has authorised the Intermediary
- pay the Broker an intermediary fee in full for the mediation service in the sale of the immovable property in the percentage agreed by the parties from the established purchase price of the property, immediately after the conclusion of the first legal act concluded by the Principal with a third party, by which act the Principal was paid the amount in the name of the caper and/or part and/or the total purchase price of the property
- reimburse the Broker for costs incurred during the mediation, which exceed the normal costs of mediation
V. INTERMEDIARY SERVICE
Article 8.
The Broker shall be deemed to have performed an intermediary service if he has provided the Principal with a liaison with a third party (natural and/or legal) to negotiate the conclusion of a legal business, especially if:
- directly took and/or referred to the Principal a third party (natural and/or legal) for a tour of the property subject to mediation
- organised a meeting between the Principal and a third party to negotiate the conclusion of a legal deal
- Communicate to the Principal the name, and/or telephone number (fixed or mobile), and/or fax number, and/or e-mail of the person authorised to negotiate and/or conclude the legal work and/or the exact address of the third party interested in entering into the legal business
- allow the Principal to contact a third party in any other way that leaves no doubt about the identification of the authorized person for negotiating and/or concluding the legal business
VI. INTERMEDIARY COMPENSATION AND MEDIATION COSTS
Article 9.
The intermediary charges an intermediary fee for his work in accordance with the agreement of the parties.
The broker charges a fee for his work from the Principal in the amount specified by the Mediation Agreement.
The intermediary acquires the right to intermediary compensation in the amount specified by the Brokerage Agreement immediately after the conclusion of the first legal act concluded by the contracting parties (pre-contract or final contract for which he brokered).
The fee covers the normal costs of intermediation, except for costs exceeding the normal costs of intermediation.
The intermediary is also entitled to costs incurred during the mediation, which costs exceed the normal costs of intermediation only if this is expressly agreed.
The Broker will inform the Principal in writing about the costs exceeding the normal mediation costs and the obligation to pay them.
Article 10.
If the party himself offers the intermediary compensation, greater than the contracted one, the intermediary may receive such a reward, but provided that it is not in obvious disparity with its services, with the outcome of his work and the assets of the party.
Article 11.
Intermediary compensation and costs referred to in Article 9. The Principal is obliged to pay into the account of the Broker within 3 days from the issuance of the invoice.
On the amount of the intermediary fee, the Broker will calculate VAT at the legally prescribed rate.
Article 12.
The Principal is obliged to pay the Broker an intermediary fee in the event that the Mediator concludes a legal business with whom the Mediator has contacted her, different from the mediated one, which is of the same value as the legal work or which achieves the same purpose as the mediated legal work.
The Principal is obliged to pay the Broker an intermediary compensation if the spouse, i.e. cohabitant, descendant or parent of the Principal concludes the mediated legal business with the person with whom the Broker has contacted the Principal.
VII. LIABILITY FOR DAMAGES
Article 13.
If he violates the obligation to keep trade secrets, the Mediator is obliged to pay the injured parties the damages suffered by them due to the disclosure or non-preservation of trade secrets.
It is not considered that the duty of professional secrecy has been violated, if the mediator discloses the information for mediation to the persons with whom the Principal seeks to contact the Principal, and this was necessary for the Broker to fulfil his obligation under the Mediation Agreement concluded with the Principal.
Article 14.
The Principal is liable for damages if he acted fraudulently, has withheld and/or provided inaccurate information relevant to mediation activities.
The Principal is also liable for damages in case of intentional or grossly negligent conduct on his part, according to the Agency and/or the third party with whom the Agency has contacted him.
In the case referred to in paragraph 2 of this Article, the Mediator and the Principal shall contract the obligation of the Principal to pay the Agency all costs incurred during the mediation, which cannot exceed the intermediary fee for the brokered work.
VIII. PRICE LIST OF INTERMEDIARY SERVICES
Article 15.
Service Brokerage Fee
Purchase of real estate 2-3% by agreement,
Sale of real estate 2-4% by agreement,
Rental/lease of the property up to 5 years 100% of the monthly rent amount
Rental/lease of the property 5 years and more 200% of the monthly rent amount
Brokerage hourly rate with costs included 33,00 EUR
Estimate of the market value of the property by agreement
Other services of the Agency by agreement
• PRICES are subject to VAT at the legally prescribed rate
• the costs of administrative stamps and other fees shall be borne by the Principal
IX. EXCLUSIVE MEDIATION
Article 16.
Through the mediation contract, the Principal may undertake not to hire any other intermediary (exclusive mediation) for mediated legal work, which obligation must be expressly contracted.
If, during the duration of the Exclusive Mediation Agreement, the Principal concluded outside the Mediator legal through another intermediary, and for which the legal business was given an order for mediation by the exclusive intermediary, he is obliged to pay the Broker the actual costs incurred during the mediation.
When concluding the exclusive mediation contract, the mediator is obliged to warn the Principal about the meaning and legal consequences of this provision.
X. CONTRACT DURATION AND TERMINATION OF THE CONTRACT
Article 17.
The mediation contract shall be concluded for a period of 12 (twelve) months and shall end at the expiry of the time limit for which it was concluded, unless the work for which it was brokered has been concluded within that period.
The Parties may cancel the Mediation Agreement even before the expiry of the deadline for which the Contract was concluded for a particularly justified reason, and only in writing by any of the contracting parties.
The notice period is 8 (eight) days from the receipt of the dismissal.
If the Principal concludes a legal deal with a third party himself, he is obliged to inform the mediator in writing within 3 (three) days about the termination of the obligation to mediate or the termination of the Mediation Agreement. In the case referred to in paragraphs 5 and paragraph 6 of this Article, the Principal is obliged to pay the Broker the mediation costs for which it was otherwise agreed to be paid separately by the Principal.
Article 18.
The Principal will acknowledge mediation even after the expiry of the Mediation Agreement if contact with a third party has been made during the duration of the Mediation Agreement.
If the Principal concludes the right deal within no longer than the duration of the concluded mediation contract after the termination of that Contract, and which legal work is predominantly a consequence of the Broker's action, he is obliged to pay the Broker an intermediary fee in full.
XI. FINAL PROVISIONS
Article 19.
Vir MARETA REAL ESTATE reserves the right to update or change the terms of use at any time without prior notice.
Article 20.
For relations between the Mediator and the Principal and third parties 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 Law on Obligatory Relations of the Republic of Croatia apply.
In the event of a dispute between the contracting parties, which could not be resolved by mutual agreement, the Municipal Court in Zadar has jurisdiction.
Vir, 01. January 2023.
VIR MARETA REAL ESTATE