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General business terms

General provisions

Article 1

General terms and conditions of real estate agents (hereinafter: Terms) regulate the business relationship between the agency in real estate (hereinafter referred to as mediator), and physical and / or legal persons (hereinafter referred to as the Principal) of the Mediator concludes an agreement on mediation in real estate
Terms and Conditions are an integral part of the mediation.

Article 2

Certain terms and in terms of these General Terms and Conditions shall have the following meanings:
Real estate agents - real estate agency from Tar-vabriga, Sv.Anton 89,
Agents involved in real estate are all acts of real estate agents that are related to connecting the customer and third party negotiations and preparations for the conclusion of legal transactions which are subject to certain real estate, especially in the purchase, sale, exchange, lease, rental, etc.
Properties are land, together with all that is permanently connected to the land surface or beneath it in accordance with the provisions of the Law on Ownership and Other Proprietary Rights.
Bidder is a physical and / or entity that enters into an agreement with the Mediator Mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
The third person is a person that real estate agents trying to connect with the customer for the negotiations on the conclusion of legal transactions which are subject to certain real estate.
Intermediary fee is the amount that the principal shall pay the mediator for mediation services.

Real estate offer

Article 3

Offer Agency based on data received in writing and / or oral and / or electronically by the principal.
The offer and / or information on real estate will be confirmed by signing the Contract on mediation between the client and the mediator.
The Agency reserves the possibility of errors in the description and / or the sale price and the possibility that the property has been sold and / or lease and / or the property owner withdrew from the sale of a property.
The Agency is not responsible for errors in paragraph 3 this article except in the case of intentional mistakes and / or highly negligent operation of the Agency.
The Agency is not responsible for errors and / or extremely negligent behavior of the Principal.
Agencies offer the Customer must keep confidential and only with the written approval of the Agency shall transmit to third parties.
If the principal is already familiar with the properties that were offered him, he shall without delay notify it in writing (e-mail, fax, registered letter, etc.)

Property prices

Article 4

Real estate prices are in EUR and are payable in Kunas.

Mediation agreement

Article 5

Brokerage contract mediator agrees to correlate with the customer to a third person with whom to negotiate a contract, the Customer undertakes to pay to the agency commission, if it enters into an agreement on the legal work.
The brokerage agreement is concluded between an agent and Nalogodavca.U mediation contract must be accurate, truthful and complete information about the property designated for the purposes of the mediation process.
The mediator may, at the insistence of the seller based on its oral orders made service advertising on its website and the same recorded in the intermediate log, and when the subject property to interested potential buyer shall notify the seller of the same sign a mediation contract if he wanted to be a seller sign, otherwise the agent is not obligated to bring a potential customer in touch with the seller, all in the case if the agent does not want to agree to mediation on the one hand and that his agency commission charged by the customer on the basis of a written or verbal orders of the mediation with the customer.

Article 6

If the property is jointly owned by several persons, require the written consent (authorization) of all co-owners or representatives of all co-owners of property in the form of acceptance of the Agreement on mediation.

Obligation of agents

Article 7

In order to achieve the obligations under the Contract Mediation Mediator is required in particular to perform the following:

  1. seek an opportunity to enter into a mediated agreement between the customer and the work of third parties and to the consideration of
  2. try to find and bring into contact with the customer to third parties for concluding a legal transaction
  3. mediate in the negotiations and try to come to the conclusion of that work
  4. meet the Principal with the average market price of similar property
  5. attention of the Principal with defects on the property and the market conditions
  6. inspect the documents proving the ownership and / or other real rights on real property and the Principal attention to the obvious disadvantages and possible risks of unequipped land state property, registered real rights or other rights of third persons on the property
  7. notify the Principal of any circumstances relevant for the intended business he knows or he should be known
  8. keep personal information to the Principal and upon the written order of a customer to keep confidential information about the property being mediated or in connection with the property or work for which mediates
  9. advertise the property to the General Terms and Conditions of agents to the best possible presentation on the property market and perform other actions that exceed the usual presentation in concert with the Bidder in
  10. mediate the delivery of the property
  11. if the land subject of a contract, check the intended purpose of the land in accordance with existing regulations on urban planning related to land
  12. provide an overview of real estate Bidder and the third parties
  13. broker retains a subjective right not bringing in the bond potential buyer and / or seller to a prospective buyer and / or seller, if self-assess that it is irresponsible and frivolous clients.
  14. in cooperation with the law firm for the customer to create preliminary contract of sale, contract of sale, title-deeds, proposal for registration of title to real property by the competent Municipal Court, Land - Registry Department

Obligations of the bidder

Article 8

By signing the Contract on mediation in particular the Customer agrees to perform the following:

  1. inform the Agent of any circumstances which are important for the performance of brokerage services and accurate information about the property
  2. to give evidence in the documents confirming his title to the property or other real property right is not subject to mediation
  3. to warn intermediary in all booked and unbooked burdens that exist on the property
  4. if the property is owned by more people require the consent of all co-owners or representatives of all joint owners, and in which they accept the mediation agreement
  5. provide the mediator or another party interested in the proposal the immediate review of the property
  6. notify the Agent in writing of any changes related to the job for which he has authorized the Mediator
  7. pay to the agency commission in full service brokerage in the sale of real estate amounting to 2-6% of the stipulated purchase price of the property, immediately after the first legal act by the Principal entered into with third parties, which act to the customer the amount paid on behalf of capers and / or part and / or the total purchase price of the property
  8. reimburse the Agent for expenses incurred during the mediation, which exceed the usual costs of mediation

Brokerage services

Article 9

It is believed that the mediator conducted the mediation service to the customer if possible relationship with a third person (physical and / or legal) to negotiate a contract, especially if:

  1. directly led and / or ordering party third person (physical and / or legal) for tours of the property is subject to mediation
  2. Second organized a meeting between the client and third parties to negotiations on concluding a legal transaction
  3. Said the principal's name, and / or phone number (landline or mobile), and / or fax number, and / or e-mail of the person authorized to negotiate and / or closing a deal and / or exact address of a third person interested in closing a deal
  4. enabled the Bidder contact with third parties in any way that leaves no doubt as to the identification of the person authorized to negotiate and / or closing a deal

Mediation provision intermediation costs

Article 10

Mediator for his work mediating charge compensation in the highest total amount to 6% of the determined purchase price of the property.
Mediator for his work from the client is charged a fee in the amount stipulated in a contract mediation, according to the price list of the Agency.
The Agent is entitled to the commission a fee in the amount stipulated in a contract mediation immediately after the first legal act of the parties mutually conclude (preliminary or final contract).
The fee covers the common costs of mediation, except for costs that exceed the usual costs of mediation.
The Agent is entitled to the costs incurred during the mediation, which costs exceed the usual costs of mediation.
The costs that exceed the usual costs of mediation and the obligation to pay the same agent will notify the principal.
It is believed that the principal consented to the charges under paragraph 5 this Article if it immediately upon receipt of written notice is not contested.

Article 11

Brokerage fees and costs under Article 10 The Customer must pay the mediator account within 8 days of the invoice.

Article 12

If the Customer cancels the conclusion of that work during the conclusion of the mediation process shall pay to the actual costs incurred and paid during the mediation the mediator of the cost, effective advertising and other costs incurred.

Article 13

The Customer shall pay to the agency commission when the person with whom it is brought into connection broker concludes a legal transaction is different from the mediated, which has the same value as the legal work and to achieve the same purpose as mediated by a legal transaction.
The Customer shall pay to the agency commission, if the spouse or common-law spouse, descendant or parent of the Principal mediated conclude a legal transaction with a person with whom the broker brought into contact the Principal.

Article 14

The mediator has the right to advance the mediation fee, if he agreed.

Article 15

The Agent shall be entitled to the commission a fee in the event that it is expressly agreed brokerage contract.
The amount of compensation shall be determined by the intermediary rates.

Responsibility for damage

Article 16

If he violates the obligation of keeping confidential intermediary is obliged to pay damages to people injured by one due disclosing or keeping the secret.
It is not considered to have violated the duty of keeping confidential information when mediating agent detects a person with whom the Principal seeks to relate, and it was necessary that the Mediator meet its obligation under the Mediating with bosses.

Article 17

The Customer is liable for damages if he has acted fraudulently, if the failure and / or given incorrect information relevant to the work of mediation.
The Customer is liable for damages in the event of deliberate or extremely reckless conduct with his hand, according to the Agency and / or third party with whom he has led the agency relationship.
In the case of paragraph 2 This article is the Mediator and the Customer agree that the obligation of the Principal pays to the Agency all costs incurred during the mediation, which can not be greater than brokerage fees mediated work.

Price intermediary services

Article 18

Intermediary Service Fee
Buying real estate % by agreement
Selling real estate % by agreement
Rental / lease of the property to 5 years 100% of monthly rent
Rental / lease of the property 5 years and over 200% of the monthly rent
Intermediary involved with the hourly cost of 260,00 kn
Estimate the market value of the property negotiable
Other Services Agency negotiable
the costs of taxation stamps and other charges borne by the Principal

Exclusive brokerage

Article 19

Brokerage contract the Customer can commit to the mediated legal work will not engage any other agent (exclusive mediation), the liability must be expressly agreed.
If during the term of the Agreement on the sole mediation made by the principal legal mediator through another agent, and for that legal work is the exclusive agent was given the order for mediation, the mediator is obligated to pay the actual costs incurred during the mediation.
When concluding the exclusive placement agent is obliged to warn the Principal of the meaning and legal consequences of those provisions

Contract duration and termination of agreement

Article 19

The brokerage agreement is concluded for a period of 3 (three) years and shall cease upon the expiry of the period for which it was concluded, unless within that period is concluded the work for which it intervened.
The parties may terminate the contract of mediation and before the expiry of the contract was made from particularly good reason and only in writing any of the parties.
The notice period is 8 (eight) days of receipt of the cancellation.
Customer shall reimburse the Agent incurred costs of mediation.
If the mediation contract terminates upon expiration of the Contracting Parties have towards each other from any claim.
If the Principal I made a legal job with a third person, shall, within 8 (eight) days in writing notify the agent on termination of the obligation of mediation or of termination of posredovanju.Nalogodavac in the case referred to in paragraph 5 and paragraph 6 This article shall pay to the costs of mediation and otherwise contracted to be paid by the Bidder.

Article 20

The Customer shall acknowledge the mediation after the expiry of the mediation if the contact with the third party has been made during the duration of the mediation.
If the Customer enters into a real job in a period not longer than the duration of the mediation contract after the termination of this Agreement, and that legal work is largely a consequence of Posrednikovog action shall pay the mediator of a mediation fee in full.

Final provisions

Article 21 Agency reserves the right to update or change the terms of use at any time without notice.

Article 22

The relations between an agent and the principal and third parties concerned, and which are not governed by these General Conditions or intermediary agreement, the provisions of the Act on Mediation in Real Estate and Law of Obligations RH.
For litigation shall be the jurisdiction of the Municipal Court in Poreč, Croatia.

Tar-Vabriga 09.03.2014.

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