Article 1.

GENERAL PROVISIONS

 

The General Terms and Conditions of Real Estate Brokers (hereinafter: General Terms and Conditions) govern the business relationship between a real estate brokerage agency (hereinafter: broker) and a natural or legal person (hereinafter: principal) who concludes a written brokerage contract with the broker (hereinafter: brokerage contract). The General Terms and Conditions are an integral part of the brokerage contract concluded between the broker and the principal.

 

Certain terms within the meaning of these General Terms and Conditions have the following meanings:

 

1. Real estate agent is 385 REAL ESTATE d.o.o. from Split, Bihaćka Ulica 2b, OIB: 92072383529, which company meets the conditions for performing real estate brokerage services set out in the Real Estate Brokerage Act (hereinafter referred to as: Broker).

 

2. Real estate agent is a natural person who is registered in the Register of Real Estate Agents and is employed either by the Broker or by a legal entity that has a cooperation agreement with the Broker, or who personally has a cooperation agreement with the Broker (hereinafter: Agent).

 

3. Real estate brokerage are the actions of real estate agents that concern connecting the principal and a third party, as well as negotiations and preparations for concluding legal transactions that involve a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.

 

4. Principal is a natural or legal person who concludes a written brokerage contract with a Real Estate Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions – hereinafter referred to as: Principal).

 

5. Third person is a person whom the Real Estate Broker seeks to connect with the Principal for the purpose of negotiating legal transactions involving a specific real estate, regardless of whether the Broker also has a brokerage contract with a Third Party (hereinafter: Third Party).

 

Article 2.

REAL ESTATE OFFER

 

Our offer is based on the information we receive in writing and verbally from the client. There is a possibility of errors in the description and price of the property and the possibility that the advertised property has already been sold, rented or the client has withdrawn from mediation. The client must keep our offers and information as a business secret and may only pass them on to a third party with our written consent. The prices of the properties are stated in euros.

 

Article 3.

OBJECTION TO MEDIATION

 

By means of a brokerage contract, the broker undertakes to try to find and put in touch with the principal a person who would negotiate with him about concluding a contract, and the principal undertakes to pay him a certain commission if the contract is concluded. The brokerage contract is concluded between the broker and the principal. The brokerage contract must truthfully, accurately and completely state the essential data for the brokerage.

 

If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, the Contract shall be deemed to have been concluded for a fixed period of 12 months from the date of conclusion of the Contract.

 

Article 4.

EXCLUSIVE MEDIATION

 

In a brokerage contract, the principal may undertake not to engage any other broker for the brokered job (exclusive brokerage), and this obligation must be explicitly agreed upon.

 

When concluding an exclusive brokerage contract, the broker is obliged to specifically warn the principal about the meaning and legal consequences of this clause.

 

If, during the term of the Exclusive Mediation Agreement, the principal concludes a legal transaction through another intermediary, bypassing the intermediary, for which the exclusive intermediary was given an order to mediate, he is obliged to pay the exclusive intermediary the agreed mediation fee as well as any additional actual costs incurred during the mediation for the aforementioned mediated transaction.

 

Article 5.

OBLIGATIONS OF THE INTERMEDIARY

 

By signing a real estate brokerage contract, the broker undertakes to perform the following in particular:

 

1. attempt to find and put in touch with the principal a person for the purpose of concluding a mediated transaction;

2. inform the client of the average market price of a similar property;

3. obtain and inspect documents proving ownership or other real rights to the property in question and warn the principal of obvious deficiencies and possible risks related to the irregular land registry status of the property, registered real rights or other rights of third parties to the property;

4. perform the necessary actions to present the property on the market, advertise the property in an appropriate manner, as well as perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;

5. enable inspection of the property;

6. mediate in negotiations and strive to reach an agreement;

7. to keep the personal data of the principal and, upon the written order of the principal, to keep as a business secret the data about the real estate for which it mediates or in connection with that real estate or with the business for which it mediates;

8. if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable spatial planning regulations relating to that land;

9. inform the principal of all circumstances relevant to the intended transaction that are known to him or must be known to him.

 

Article 6.

OBLIGATIONS OF THE CLIENT

 

By signing a real estate brokerage contract, the principal undertakes to perform the following in particular:

 

1. inform the intermediary of all circumstances that are important for the performance of the intermediary services and present accurate information about the real estate and, if in possession, provide the intermediary with a location, construction or use permit for the real estate that is the subject of the contract and provide the intermediary with evidence of fulfillment of obligations towards the Third Party;

2. provide the intermediary with all 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 intermediary about all registered and unregistered encumbrances that exist on the real estate;

3. provide the Agent with an energy certificate for the property;

4. inform the Broker whether the property in question represents the marital property of the Principal and his/her spouse/common-law partner and obtain the appropriate consent from the former/current spouse/common-law partner,

5. provide the intermediary and a third party interested in concluding the mediated transaction with a viewing of the property;

6. inform the Broker of all relevant information about the requested property, which especially includes the property description and price

7. after concluding the mediated legal transaction, or the preliminary contract by which he/she undertakes to conclude the mediated legal transaction, pay the intermediary a brokerage fee, unless otherwise agreed;

8. if expressly agreed, reimburse the intermediary for costs incurred during the mediation, which exceed the usual mediation costs;

9. notify the intermediary in writing of all changes related to the work for which he has authorized the intermediary, and in particular of changes related to the ownership of the real estate.

 The principal is not obliged to enter into negotiations for the conclusion of a mediated transaction with a third party found by the intermediary or to conclude a legal transaction, and any provision of the contract that stipulates otherwise is null and void. The principal will be liable to the intermediary for damages if he did not act in good faith and is obliged to compensate for all costs incurred during the mediation, which cannot be less than 1/3 or more than the agreed mediation fee for the mediated transaction.

 

Article 7.

INTERMEDIARY FEE

 

The intermediary is entitled to a brokerage fee (hereinafter referred to as: the fee) for his/her work. The intermediary charges a fee for his/her work in the amount specified in the brokerage contract. The intermediary acquires the right to the brokerage fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (preliminary contract or purchase and sale contract).

 

VAT is charged on the amount of the brokerage fee.

 

The Agent is entitled to a Fee if the spouse, or common-law partner, descendant or parent of the Principal; or a company, institution or other legal entity of which the Principal, his or her spouse, or common-law partner, descendant or parent is the founder or legal representative, or with which he or she has an employment contract or service contract, concludes a mediated legal transaction with a person with whom the Agent has brought the Principal into contact.

 

The Broker is also entitled to a Fee in the event that the Principal disposes of the real estate that is the subject of the brokerage in any way towards one of the persons listed in the previous paragraph and that person, after such disposal, enters into a mediated legal transaction or a transaction that achieves the same purpose as the mediated transaction with a Third Party or one of the persons from the previous paragraph thus connected to the Third Party.

 

Article 8

 

The intermediary may agree on the right to reimbursement of costs necessary for the execution of the order and request that funds be advanced in advance for certain expenses, all of which will be previously agreed in writing.

 

PRICE LIST

 

All intermediary services are included in the charged agency commission, and in the event that the Principal cancels the legal transaction, the Intermediary may charge the actual costs incurred according to the following price list:

 

-Professional photography, image processing and advertising – €490.00

-Presentation of the apartment after the tour – €70.00

-Official property valuation – €4.00 / m2

-Consultation – €100.00

 

SALES AND PURCHASES

The commission is charged as a percentage of the total purchase price achieved.

Highest total commission 6%

Lowest total commission 4%

 

SALE

Brokerage commission for the sale of real estate (charged to the seller)

3 – 5%, but not less than €1,000.00

 

PURCHASE

Brokerage fee when purchasing real estate (charged to the buyer)

2 – 4%, but not less than €1,000.00

 

The commission is charged to the buyer if so agreed.

 

REPLACEMENT

When exchanging real estate, a commission is charged from each party in the exchange, and the percentage is calculated from the value of the property that the party acquired through the exchange, 2 – 3%.

 

RENTAL AND RENTAL

 

RENTING AND LEASE – commission from the lessor and lessor

Percentage of monthly rent

75% – Minimum

100% – For rental or lease terms of 12 to 59 months

150% – Minimum for a lease or rental term of 60 months (5 years) and more

 

RENTAL AND LEASE – commission from the lessee and lessor

Percentage of monthly rent

75% – Minimum for rent

100% – Minimum for lease

100% – For rental or lease terms of 12 to 59 months

150% – Minimum for a lease or rental term of 60 months (5 years) and more

 

VAT is charged on the amounts listed in the price list.

 

Article 9.

 

It is considered that the intermediary has enabled the principal to contact a third party for negotiations to conclude a mediated transaction, if the principal has been enabled to contact a third party (natural or legal) with whom he negotiated to conclude a legal transaction, and in particular if:

 

• directly brought or instructed a third party to the principal to view the real estate that is the subject of the mediation

• organized a meeting between the principal and a third party for the purpose of negotiating a legal transaction;

• informed the principal of the name, telephone number, fax number, e-mail address of another person authorized to conclude a legal transaction or informed him of the exact location of the requested real estate.

 

Article 10.

TERMINATION OF THE CONTRACT

 

The mediation contract shall terminate upon the expiration of the term for which it was concluded, unless the contract for which mediation was concluded has not been concluded within that term or upon termination by either of the contracting parties.

 

The principal is obliged to reimburse the intermediary for costs incurred that were otherwise expressly agreed to be paid separately by the principal.

 

If, within 12 months after the termination of the agency contract, the principal concludes a legal transaction that is a consequence of the agent’s actions prior to the termination of the agency contract, he is obliged to pay the agent the agency fee in full, unless otherwise agreed in the contract.

 

If the principal unilaterally terminates the contract before the expiration of the agreed period, he is obliged to reimburse the intermediary within 7 (seven) days for all mediation costs incurred up to the termination of the contract, which relate to advertising costs, material costs and other costs, if they were agreed upon and if they were incurred.

 

Article 11

FINAL PROVISIONS

 

For relations between the broker and other persons concerned, which are not regulated by these General Terms and Conditions or the brokerage contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act of the Republic of Croatia apply.

 

385 REAL ESTATE D.O.O. real estate agency from Split, based on the Decision of the Ministry of Economy (Directorate for Trade and Internal Market), is a licensed real estate brokerage agency, and the issued Decision is recorded under Class: UP/I-330-01/24-01/360, REG. NO.: 517-08-01-01-01-24-2 and is entered in the Register of Real Estate Brokers in the Republic of Croatia, maintained by the Croatian Chamber of Economy, registration number: 146/2024.

 

In use since July 25, 2024

385 REAL ESTATE D.O.O.