According to the provisions of the Real Estate Brokerage Act (Articles 27 and 28 of the Real Estate Brokerage Act (NN 14/14)) NOVA nekretnine, service trade, owner Irena Blažević issues:
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. GENERAL PROVISIONS
The general terms and conditions regulate the business relationship between NOVA nekretnine (hereinafter: the Agency) and the client (natural or legal persons). By concluding the Brokerage Agreement, the client confirms that they are familiar with and agree to the provisions of these terms and conditions.
2. OFFER
The Broker’s offer is based on data received in writing or verbally from the property owners offering the property for sale or on data received in writing or verbally from the Client.
The Agency as the broker reserves the possibility of errors in the description and price of the property, the possibility that the advertised property is already sold (or rented), or that the owner has withdrawn from the sale (or rent).
The recipient (client) must keep the offers and notifications from the Agency as business secrets. If the recipient of the offer is already familiar with the properties offered by the Agency earlier, they are obliged to immediately notify the Agency.
3. REAL ESTATE BROKERAGE AGREEMENT
By the real estate brokerage agreement, the Broker undertakes to try to find and bring into contact with the Client a third party for negotiating and concluding a certain legal transaction concerning the transfer or establishment of a certain right on the property, and the Client undertakes to pay a certain brokerage fee if the legal transaction is concluded.
The agreement is concluded in written form, for 12 months and may be extended multiple times by agreement of the parties. If the contracting parties do not agree on a term, it is considered that the Agreement is concluded for a fixed period of 12 months.
4. OBLIGATIONS OF THE REAL ESTATE BROKER
To try to find and bring into contact the person with the client for concluding the mediated transaction.
2. To inform the client about the average market price of a similar property.
3. To obtain and inspect documents proving ownership or other real rights to the relevant property.
4. To carry out the necessary actions to present the property on the market, advertise the property appropriately, and carry out all other actions agreed upon in the real estate brokerage agreement that exceed ordinary presentation, for which the Broker is entitled to special, pre-agreed costs.
5. To enable property viewing.
6. To mediate negotiations and strive to conclude the contract if specially obliged to do so.
7. To keep the client’s personal data and, upon the client’s written instruction, keep as business secrets the data about the property for which they mediate or related to that property or to the transaction for which they mediate.
8. If the subject of the agreement is land, to check the purpose of the said land according to spatial planning regulations related to that land.
9. To inform the client about all circumstances important for the intended transaction that are known or should be known to them.
10. To keep records of mediation.
11. To be present at the conclusion of the legal transaction (Pre-contract and Contract) and at the handover of the property.
12. To perform duties with the care of a good expert, with increased attention according to professional rules and customs.
13. The client shall be liable for damages if they have not acted in good faith, if they acted fraudulently, if they concealed or gave incorrect data important for the brokerage in order to conclude the legal transaction, and is obliged to reimburse all costs incurred during the mediation, which cannot exceed the brokerage fee for the mediated transaction.
5. OBLIGATIONS OF THE PRINCIPAL
1. Notify the Agent of all circumstances important for the mediation.
2. Present the Agent with accurate data about the property and, if available, provide for review the location, building, and use permits for the property that is the subject of the contract.
3. Provide the agent with documents proving their ownership of the property, or other real rights to the property that is the subject of the contract, and warn the agent of all registered and unregistered encumbrances on the property.
4. Conclude a Mediation Contract with the Agency in writing.
5. Ensure the Agent and interested third parties can view the property.
6. Inform the agent of all essential data about the requested property, which particularly includes a description of the property and the price.
7. Notify the Agent in writing of all changes related to the business for which they authorized him, especially changes related to ownership of the property.
8. After concluding the mediated legal transaction, or a preliminary contract by which they committed to conclude the mediated legal transaction, if the agent and principal agreed that the right to payment of the mediation fee arises already upon signing the preliminary contract, pay the mediation fee to the agent, unless otherwise agreed.
9. If explicitly agreed, reimburse the agent for costs incurred during mediation that exceed the usual mediation costs.
10. The Principal shall be liable for damages if they did not act in good faith, acted fraudulently, concealed or gave incorrect information important for the mediation business in order to complete the legal transaction, and shall compensate all costs incurred during mediation, which may not exceed the mediation fee for the mediated transaction.
6. RIGHT TO THE FEE EARNED BY THE AGENT
The Agent acquires the right to the Fee in full simultaneously with the conclusion of the legal transaction for which he mediated, whereby the conclusion of the legal transaction also includes the signing of a preliminary contract in which the Principal and Third Party committed to conclude the main contract of sale, lease, rental, or other agreement relating to the property that is the subject of the mediation.
The Principal is obliged to pay the Fee even if he concluded a legal transaction with a Third Party, whom the Agent pointed out and connected him with, that is different from the one mediated, but achieves the same purpose as the mediated transaction.
It is considered that the Agent enabled the Principal to establish contact with the Third Party if he:
- directly took or referred the Principal to view the subject property;
- organized a meeting between the Principal and the third contractual party for negotiating the conclusion of the legal transaction;
- gave the Principal the name, phone number, email address of the third party authorized to conclude the legal transaction or informed him of the exact location of the requested property.
After termination of the Contract, the Agent has the right to the Fee within a period not longer than the duration of the concluded Contract and in cases when the Principal concludes with the Third Party a legal transaction which is predominantly a result of the Agent's activities before termination of the Contract.
The Agency is entitled to a fee if the spouse, common-law partner, descendant, or parent of the principal concludes the mediated legal transaction with a person whom the agency connected the principal with.
The amount of the mediation fee for mediation performed in sale, exchange, lease, and rental of real estate is charged in accordance with the Price List of brokerage commissions of the Real Estate Business Association at the Croatian Chamber of Commerce, which is an integral part of these General Terms. The amount of the mediation fee is listed in the agency’s price list.
7. PRICE LIST
Price list of brokerage commissions for mediation performed in sale, exchange, lease, and rental of real estate:
SALE AND PURCHASE
The commission is charged as a percentage of the total achieved sale price
Maximum total commission: 8%.
Minimum total commission: 2%.
SALE
Commission for mediation in the sale of real estate (charged to the seller)
3 – 5 %, but not less than 1000€.
PURCHASE
Commission for mediation in the purchase of real estate (charged to the buyer)
2 – 4 %, but not less than 1000€.
The commission is charged to the buyer if agreed or if the agent received from the buyer a written or oral order to seek the property.
EXCHANGE
For property exchange, the commission is charged to each party in the exchange, and the percentage is calculated from the value of the property acquired by the party in exchange.
2 – 4%.
LEASE AND RENTAL
100% of one month’s rent from the Lessor/Owner.
50% of one month’s rent from the Lessee/Tenant.
8. EXCLUSIVE MEDIATION
By contract, the Principal may commit not to engage any other agent for the mediated transaction (exclusive mediation), which obligation must be expressly agreed.
If during the term of the Exclusive Mediation Agreement the Principal concludes a legal transaction through another agent, bypassing the Agent, and for which an exclusive order for mediation was given to the Agent, the Principal is obliged to pay the Agent the actual costs incurred during the mediation. If the amount of the Fee is not agreed upon, the Principal owes the Agent compensation for the actual costs incurred during mediation, which may not exceed the Fee for the mediated transaction.
When concluding an exclusive mediation agreement, the Agent is obliged to specifically warn the Principal about the meaning and legal consequences of this clause.
9. TERMINATION OF THE MEDIATION AGREEMENT
The mediation agreement is concluded for a period of 12 months and expires at the end of the term for which it was concluded if during that period no contract has been concluded for which mediation was provided or by termination by either contracting party.
The Agent and the Principal agree that upon expiration of the agreed term the Agreement shall be renewed for the same period unless one of the contracting parties terminates the Agreement in writing beforehand. The notice period is 30 days.
If within a period not longer than the duration of the concluded mediation agreement after its termination the Principal concludes a legal transaction which is mainly the consequence of the Agent's activities before the termination of the mediation agreement, the Principal is obliged to pay the Agent the full mediation fee, unless otherwise agreed by contract.
10. COOPERATION WITH OTHER AGENCIES
Mutual cooperation between agencies is based on the Code of Ethics of mediators - members of the Real Estate Exchange.
NOVA nekretnine, as an agency, is ready to cooperate with other agencies that respect the fundamental ethical principles of the profession.
This particularly relates to presenting inaccurate and untrue information about business in order to obtain clients and transactions, for which, if we find that there is bad intent, we will refuse any such cooperation.
11. FINAL PROVISIONS AND DISPUTE RESOLUTION
The cost of administrative or court fees incurred for obtaining necessary ownership and other documentation, which is a prerequisite for placing the property on the market, registration of ownership rights in the Land Registry, drafting of contracts and documents in the form of notarial deeds shall be borne by the Principal.
General Terms and Conditions are an integral part of every Agreement that the Agent concludes with the Principal.
For all matters not explicitly regulated by these General Terms, the Law on Mediation in Real Estate Transactions, the Law on Obligations, and other legal regulations shall apply.
NOVA nekretnine, service business, owner Irena Blažević