General Terms of Service
General Terms of Service
CASA DE MAR nekretnine d.o.o., Real Estate Agency
Liburnijska 9, 51000 Rijeka, Croatia
OIB (personal identification number): 21542358182
I. General provisions
The general terms and conditions of the real estate broker's business (hereinafter: General Terms) regulate the business relationship between the real estate brokerage agency (hereinafter: the Broker) and the natural and/or legal person (hereinafter: the Principal) who, with the Broker conclude a contract on mediation in real estate transactions. The general terms and conditions are an integral part of the Agreement on mediation in real estate transactions, and by concluding it, the Principal confirms that he is familiar with and agrees with all the provisions of the General Terms and Conditions of the Broker's business.
Certain terms and expressions in terms of the General Terms and Conditions of Business have the following meaning:
A real estate broker is a trading company, sole trader or craftsman, registered for the performance of real estate brokerage activities, which has its headquarters in the territory of the Republic of Croatia or in the territory of a contracting state of the Treaty on the European Economic Area. Real estate mediation is all actions of a Real Estate Broker that relate to the connection between the Principal and the Third Party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate.
Real estate is part of the earth's surface, together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions of the Law on Property and Other Real Rights.
The Principal is a natural and/or legal person who concludes a mediation agreement with the mediator (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
A third party is a person whom the Real Estate Broker tries to connect with the Principal for the purpose of negotiating the conclusion of legal transactions, the subject of which is a certain real estate.
II. Real estate offer
Real estate offer by CASA DE MAR nekretnine d.o.o. is based on data received in writing or orally by the Principal - Seller. The Broker disclaims responsibility for unintentional possible errors in the description and price of the real estate that may arise due to incorrectly provided data, changes in the conditions of sale by the seller, and the possibility that the advertised property has already been sold or the owner has given up on the sale, without notifying the Broker in a timely manner . Offers and notifications to the recipient
(Principal - Buyer) must keep them in confidence and only with written approval
The intermediary may transfer to a third party. If the recipient of the offer is already familiar with
properties offered to him by the agency, he is obliged to inform the agency without delay.
III. Property tour
Viewing the property is possible only with the signature of the Brokerage Agreement, in order to protect the owner of the property from visits by unregistered persons, and in accordance with the Data Protection Act and the Act on Brokerage in Real Estate Transactions. According to the same, the buyer has the obligation to pay an intermediary fee in the case of the purchase of the property in question.
IV. Agreement on mediation in real estate transactions
The agreement on mediation in real estate transactions (hereinafter: Agreement) is a document by which the agency CASA DE MAR nekretnine d.o.o. (intermediary) undertakes to try to find and connect with the Principal a person for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right to real estate. In the Agreement, the Principal undertakes to pay the Intermediary an intermediary fee for mediation services, which is determined by the Agreement on Mediation, if this legal transaction is concluded. The Agreement between the Intermediary and the Principal must in particular contain information about the Intermediary, the Principal, the type and essential content of the work for which the Intermediary mediates, the amount of the intermediary's fee and possible additional costs that arise when the Intermediary, in agreement with the principal, performs other related services for him with the work that is the subject of mediation. The contract is concluded in writing and for a certain period of time, and the contract is considered concluded when it is signed by both contracting parties. The provisions of the general regulation of mandatory law apply to the mandatory relationship between the Intermediary and the Principal.
V. Exclusive agreement on mediation in real estate transactions
An exclusive/exclusive agreement on mediation in real estate transactions is a document that
The Principal undertakes not to engage any other Intermediary for the mediated work. If, during the duration of the Exclusive Agreement on mediation in real estate transactions, the Principal concluded a legal transaction through another Intermediary, and 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 possible additional real costs incurred during the mediation for said brokered business. When concluding the Agreement on exclusive mediation in real estate transactions, the Intermediary is obliged to specifically warn the principal about the meaning and legal consequences of this clause. The contract is concluded in writing and for a certain period of time, and the contract is considered concluded when it is signed by both contracting parties. The provisions of the general regulation of mandatory law apply to the mandatory relationship between the Intermediary and the Principal.
VI. Termination of Mediation Agreement
The principal may cancel the mediation order at any time, provided that the cancellation is not contrary to the principle of conscientiousness. In this regard, the order cancellation procedure cannot be tampered with with the intention of depriving the intermediary or knowingly damaging the right to compensation. If, during the duration of the mediation order, or after its revocation, for no longer than two years, the Principal concludes a legal transaction through the Mediator with a person with whom the Mediator brought him into contact, or concludes it through another Mediator, who connected him with a third party brought by a person after the Intermediary, he will be considered to have acted against his conscience (in the sense of Article 12 of the Law on Obligatory Relations), and is obliged to pay the Intermediary commission in full. The principal is obliged to compensate the intermediary for the expenses incurred, for which it was otherwise expressly agreed that the principal would pay them separately. If within a period not longer than the duration of the concluded Mediation Agreement after the termination of that agreement, the Principal concludes a legal transaction that is predominantly a consequence of the mediator's actions before the termination of the mediation agreement, he is obliged to pay the mediation fee in full to the mediator.
VII. Obligations of the Intermediary
When mediating for the conclusion of the Real Estate Mediation Agreement, the mediator is obliged to do the following in particular:
- Try to find and bring in contact with the Principal a legal or physical person in order to conclude a mediated deal.
- Acquaint the Principal with the average market price of a similar property.
- Inspect the documents proving the ownership or other real right to the property in question and warn the Principal about:
- obvious shortcomings and possible risks related to the unregulated state of the real estate in the land register,
- registered real rights or other rights of third parties to real estate,
- legal consequences of non-fulfilment of obligations towards a third party,
- construction and use permit deficiencies in accordance with a special law,
- circumstances and restrictions in the legal transaction of real estate in accordance with special regulations.
- To perform the necessary actions for the presentation of the real estate on the market, to advertise the real estate in an appropriate manner, and to perform all other actions agreed in the Contract that go beyond the usual presentation, for which the Broker is entitled to special, pre-specified costs.
- Enable real estate viewing.
- Mediate in negotiations and try to conclude a contract, if he has specifically committed to it.
- To keep the Principal's personal data, and upon the Principal's written order to keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating.
- If the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land.
- Inform the Principal about all circumstances important for the intended work that are known to him or must be known to him.
- If the mediator, in agreement with the principal, also performs other actions for him in connection with the work that is the subject of the mediation, he will separately agree on the work and the type and amount of costs.
- Acquaint the Principal with the provisions of the Law on Prevention of Money Laundering.
The Intermediary is not responsible for non-fulfillment of the obligations of the Principal and the Third Party, and which obligations are assumed by the legal transaction concluded between the Principal and the Third Party, and the subject of which legal transaction is the real estate for which the Intermediary mediated.
VIII. Obligations of the Principal
By entering into a Real Estate Brokerage Agreement with the Broker, the Principal undertakes the following obligations:
- Inform the Mediator of all the circumstances that are important for mediation and present accurate information about the real estate, and if it has, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the Mediator with evidence of fulfillment of obligations under to a third party.
- Provide the Broker with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the Agreement, and warn the Broker of all registered and unregistered encumbrances that exist on the property.
- Provide the Mediator and the Third Party interested in concluding the mediated deal with a viewing of the property.
- Inform the Broker about all relevant information about the requested real estate, which especially includes the description of the real estate and the price.
- After the conclusion of the mediated legal transaction, i.e. the pre-contract by which it is committed to conclude the mediated legal transaction, if the Intermediary and the Principal have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the preliminary contract, pay the mediation fee to the Intermediary, unless otherwise agreed.
- Reimbursement to the Mediator for expenses incurred during the mediation that exceed the usual mediation costs.
- Notify the Broker in writing about all changes related to the work for which he has authorized the Broker, and especially about changes related to ownership of real estate.
The Principal is not obliged to enter into negotiations for concluding a mediated deal with the Third Party found by the mediator, nor to conclude a legal deal. The principal will be liable for damages, if he did not act in good faith, and is obliged to compensate all expenses incurred during the mediation, in the amount of 50% of the agreed mediation fee.
By signing the Real Estate Mediation Agreement with the Broker, the principal guarantees and confirms under material and criminal liability that he is the person he represents, otherwise he is responsible for all damage caused to the Broker and/or another person in the legal business of mediation that is the subject Mediation Agreement.
When concluding the Real Estate Brokerage Agreement with the broker, the principal confirms that he voluntarily made his personal data available to the Broker, including OIB, for the purpose of participating in the process of buying and selling real estate or some other legal transaction related to brokering real estate and for the purpose of determining unequivocal identification.
The Principal undertakes that when entering into a legal transaction of purchase and sale with a Third Party that is the subject of the Real Estate Brokerage Agreement, he will make available to the mediator all the necessary information and data that the mediator is obliged to collect about the Principal and the legal transaction, which are determined by the Law on prevention of money laundering and financing of terrorism.
IX. Intermediary Fee
The Agency acquires the right to mediation compensation - commission in full at the moment of concluding the mediated business (by signing the pre-contract or contract) by which the Principal undertakes to conclude the mediated legal business. The fee is paid to the agency at the same time or immediately after the conclusion of the legal transaction for which the agency mediated.
The legal transaction is considered concluded when the Principal and the Third Party have agreed on the subject of the contract and the price, that is, at the time of concluding the contract, pre-contract and/or depositing the deposit for the mediated legal transaction. According to these conditions, a mediated legal transaction is also one when the Principal concludes a contract, pre-contract and/or deposits a deposit with a Third Party, with whom the mediator brought it into contact, for real estate that is the property of a third party or members of his family, even though they are not expressly listed on Mediation Agreement.
The brokerage fee includes all costs incurred by the CASA DE MAR real estate agency
d.o.o. had during mediation. This does not apply to the costs for work incurred in the event that the agency agrees with the Principal and the performance of other services in connection with the work that is the subject of mediation, which are not part of normal mediation activities.
The amount of the brokerage fee is determined by the Agreement on mediation in real estate transactions. When buying and selling, a commission is charged in the amount of 6% + VAT of the total amount of the purchase price, as follows:
The commission for mediation during the sale, which is charged from the seller, is 3% + VAT of the total amount of the purchase price of the property in question. The commission for mediation during the purchase, which is charged from the buyer, is 3% + VAT of the total amount of the purchase price of the property in question.
X. Objection of the Consumer
The consumer can file a complaint expressing his dissatisfaction with the service delivered by the Intermediary in writing by mail or to the e-mail address: firstname.lastname@example.org.
XI. General Provisions and Dispute Resolution
The provisions of the Act on Real Estate Brokerage and the Obligatory Relations Act apply to relations between the Principal and the Broker resulting from the Brokerage Agreement, which are not regulated by these General Terms and Conditions or the Brokerage Agreement. The competent court in Rijeka is competent for possible disputes.
CASA DE MAR nekretnine d.o.o., Real Estate Agency
Liburnijska 9, 51000 Rijeka, Croatia