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General terms and conditions

GENERAL PROVISIONS

Article 1.

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 and/or legal person (hereinafter: Principal) who concludes a Real Estate Brokerage Agreement with the Broker. The General Terms and Conditions are an integral part of the Brokerage Agreement.

Article 2.

Certain terms and names in the context of these General Terms and Conditions have the following meaning: For real estate brokers - INCOLLA Real Estate Group, real estate brokerage refers to connecting the Principal and a third party, as well as negotiations and preparations for concluding legal transactions involving a specific property, especially when purchasing, selling, exchanging, renting, leasing, etc.

Real estate is a parcel of land, together with everything that is permanently attached to the land on or below the surface, in accordance with the provisions of the Law on Ownership and Other Real Rights.

The Principal is a natural and/or legal person who enters into a Brokerage 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 tries to connect with the Principal for the purpose of negotiations on the conclusion of legal transactions, the subject of which is a certain real estate. Intermediary fee is the amount that the Principal is obliged to pay to the Intermediary for mediation services.

 

REAL ESTATE OFFER

Article 3.

INCOLLA Real Estate Group's offer is based on data received in writing and/or orally and/or electronically by the Client.

The offer and/or data on real estate are considered confirmed by the signing of the Mediation Agreement between the Principal and the Mediator. The agency reserves the possibility of an error in the description and/or price of the property and the possibility that the advertised property has already been sold and/or rented and/or the owner of the property has given up selling the offered property.

The Agency is not liable for errors referred to in paragraph 3 of this Article, except in the case of intentional errors and/or gross negligence on the part of the Agency. The Agency is not liable for errors and/or gross negligence on the part of the Client. The Client must keep the Agency's offers as a business secret and may only transfer them to a third party with the written consent of the Agency. If the Client is already familiar with the properties offered to him, he is obliged to inform the Agency thereof in writing (e-mail, fax, registered letter, etc.) without delay.

 

REAL ESTATE PRICE

Article 4.

Real estate prices are expressed in EUR and are payable in the equivalent of kuna.

 

MEDIATION AGREEMENT

Article 5.

With the mediation agreement, the Mediator undertakes to bring a third party into contact with the Principal
which would negotiate with him on the conclusion of a legal transaction, and the Principal undertakes to pay the Intermediary an intermediary fee, if a contract on a legal transaction is concluded.

The brokerage contract is concluded between the Broker and the Principal. The brokerage contract must contain accurate, truthful and complete information about the real estate for the purposes of the brokered transaction. At the seller's insistence, the broker may, based on his verbal order, provide the service of advertising the real estate on his website and record it in the brokerage log, and when the seller becomes interested in the real estate in question
The potential buyer will inform the seller about this and sign the Brokerage Agreement with the seller if the seller wishes to sign it, while otherwise the broker is not obliged to put the potential buyer in touch with the seller, and all in the event that the Broker does not want to agree to mediation on one side, or to collect his brokerage fee from the buyer based on a written or oral order for mediation with the buyer.

Article 6.

If the property is co-owned by several people, written consent (power of attorney) from all co-owners or representatives of all co-owners of the property is required in the form of acceptance of the Brokerage Agreement.

 

OBLIGATIONS OF THE INTERMEDIARY

Article 7.

In order to fulfill the obligation from the Mediation Agreement, the Mediator undertakes a particular obligation
to do the following:

  1. seek an opportunity to conclude a contract for mediated business between the Principal and
    third parties and with the care of a good businessman
  2. attempt to find and put a third party in contact with the Principal for the purpose of concluding a legal transaction
  1. mediate in negotiations and strive to reach a legal deal
  1. to inform the Client about the average market price of a similar property
  1. warn the Principal about defects in the property and the market situation
  1. inspect the documents proving ownership and/or other real rights to the real estate and warn the Principal of obvious deficiencies and possible risks due to irregular land registry status of the real estate, registered real rights or other rights of third parties to the real estate
  1. inform the Principal of all circumstances relevant to the intended transaction that are known to him or must be known to him
  1. 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
  1. advertise the property according to the Broker's General Terms and Conditions in order to present the property on the market as well as possible and perform other actions that go beyond the usual presentation in agreement with the Principal
  1. mediate in the handover of real estate
  1. 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
  1. enable the Principal and third parties to inspect the real estate
  1. The intermediary reserves the subjective right not to connect a potential buyer and/or seller with a potential buyer and/or seller if he/she independently assesses that these are irresponsible and frivolous clients.
  1. in cooperation with the law firm, prepare for the Principal a Preliminary Purchase Agreement, Purchase Agreement, Tabular Statement, Proposal for registration of ownership rights to the real estate with the competent Municipal Court, Land Registry Department

OBLIGATIONS OF THE CLIENT

Article 8.

By signing the Agency Agreement, the Client undertakes, in particular, to perform the following:

  1. inform the Broker of all circumstances that are important for the performance of the brokerage service and provide accurate information about the property
  2. provide the Broker with all documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the brokerage
  1. alert the Broker to all registered and unregistered encumbrances that exist on the property
  1. If the property is co-owned by several people, the consent of all co-owners or representatives of all co-owners is required for the sale of the property, in the form of acceptance of the brokerage contract.
  1. provide the Mediator and a third person interested in concluding a mediated deal with an immediate inspection of the property
  1. notify the Agent in writing of all changes related to the work for which the Agent has been authorized
  1. pay the Broker the brokerage fee in full for the brokerage service in the sale of real estate in the percentage agreed upon by the parties of the determined purchase price of the real estate, immediately after the conclusion of the first legal act concluded by the Principal with a third party, by which act the Principal
    the amount paid for the down payment and/or part and/or the total purchase price of the property
  1. to reimburse the Mediator for costs incurred during the mediation, which exceed the usual mediation costs

 

INTERMEDIARY SERVICE

Article 9.

It is considered that the Intermediary has provided an intermediary service if it has provided the Principal with a connection with a third party (physical and/or legal entity) for the purpose of negotiating the conclusion of a legal transaction, especially if:

  1. directly took and/or directed a third person (natural person and/or legal entity) to the Principal to view the property that is the subject of the mediation
  1. organized a meeting between the Principal and a third party to negotiate a legal transaction
  1. Inform the Principal of the name, and/or telephone number (landline or mobile), and/or fax number, and/or e-mail of the person authorized to negotiate and/or conclude a legal transaction and/or the exact address of a third party interested in concluding a legal transaction
  1. provided the Principal with contact with a third party in any other way that leaves no doubt as to the identification of the authorized person for negotiation and/or conclusion of a legal transaction.

 

BROKERAGE FEE AND MEDIATION COSTS

Article 10.

The Broker charges a brokerage fee for his work in accordance with the agreement of the parties. The Broker charges a fee from the Principal for his work in the amount determined by the Brokerage Agreement, in accordance with the Agency's price list.

The mediator acquires the right to a mediation fee in the amount determined by the Mediation Agreement immediately after the conclusion of the first legal act that the contracting parties conclude with each other (preliminary agreement or final agreement). The fee includes the usual mediation costs, except for costs that exceed
usual brokerage costs. The Broker is also entitled to costs incurred during the brokerage, which costs exceed usual brokerage costs. The Broker shall notify the Principal in writing of costs exceeding usual brokerage costs and the obligation to pay them. The Principal shall be deemed to have agreed to the costs referred to in paragraph 5 of this Article if he has not disputed them immediately upon receipt of the written notification.

Article 11

The Client is obliged to pay the brokerage fee and costs referred to in Article 10 to the Broker's account within 3 days of the invoice being issued. The Broker will calculate VAT on the amount of the brokerage fee at the legally prescribed rate.

Article 12.

If the Principal cancels the conclusion of a legal transaction during the conclusion of a mediated transaction, he is obliged to pay the Mediator the real costs incurred during the mediation, or pay the Mediator the costs of time spent, advertising and other effectively incurred costs.

Article 13.

The Principal is obliged to pay the Mediator a brokerage fee in the event that the Mediator concludes a legal transaction with the person with whom he/she was introduced that is different from the mediated transaction, but which is of the same value as the legal transaction or which achieves the same purpose as the mediated legal transaction. The Principal is obliged to pay the Mediator a brokerage fee if the spouse, or common-law partner, descendant or parent of the Principal concludes a mediated legal transaction with the person with whom the Mediator introduced the Principal.

Article 14.

The intermediary is entitled to an advance payment of the intermediary fee if one has been agreed upon.

Article 15

The mediator has the right to mediation compensation even if it is not expressly agreed in the mediation contract. The amount of the fee is determined by the intermediary tariff.

 

LIABILITY FOR DAMAGE

Article 16

If the intermediary violates the obligation to keep a trade secret, he is obliged to pay the injured parties the damages they suffered due to the disclosure or failure to keep a trade secret.

The duty to maintain business secrecy shall not be considered to have been violated if the Broker discloses information for the purpose of mediation to persons with whom he is trying to connect the Principal, and this was absolutely necessary for the Broker to fulfill his obligation under the Mediation Agreement concluded with the Principal.

Article 17.

The Principal is liable for damages if he acted fraudulently, if he concealed and/or provided incorrect information relevant to the brokerage business. The Principal is also liable for damages in the event of intentional or grossly negligent behavior on his part, towards the Agency and/or a third party with whom the Agency brought him into contact. In the case referred to in paragraph 2 of this Article, the Broker and the Principal agree on the Principal's obligation to pay the Agency all costs incurred during the brokerage, which may not exceed the brokerage fee for the brokered business.

 

EXCLUSIVE MEDIATION

Article 18

By means of a mediation agreement, the Principal may undertake not to engage any other mediator for the mediated legal transaction (exclusive mediation), which obligation must be expressly agreed upon. If, during the term of the Exclusive Mediation Agreement, the Principal has concluded a legal transaction through another mediator other than the Mediator, and for which legal transaction the exclusive mediator was given an order to mediate, he is obliged to pay the Mediator the actual costs incurred during the mediation. When concluding the Exclusive Mediation Agreement, the mediator is obliged to warn the Principal of the meaning and legal consequences of this provision.

 

DURATION OF THE CONTRACT AND TERMINATION OF THE CONTRACT

Article 19

The Mediation Agreement is concluded for a period of 1 (one) to 3 (three) years and terminates upon the expiration of the term for which it was concluded, unless the transaction for which the mediation was conducted has not been concluded within that period. The Parties may cancel the Mediation Agreement before the expiration of the term for which the Agreement was concluded for a particularly justified reason, exclusively in writing by either of the contracting parties. The cancellation period is 8 (eight) days from the receipt of the cancellation. The Principal is obliged to compensate the Mediator for the mediation costs incurred. If the Mediation Agreement terminates upon the expiration of the term, the contracting parties shall have no claims against each other.

If the Principal himself enters into a legal transaction with a third party, he is obliged to notify the intermediary in writing within 8 (eight) days of the termination of the obligation to mediate, i.e. of the termination of the Mediation Agreement.

Article 20

The Principal will acknowledge the mediation even after the expiration of the Mediation Agreement if the contact with the third party was made during the term of the Mediation Agreement. If the Principal concludes a real deal within a period not longer than the term of the concluded mediation agreement after the termination of that Agreement, and which legal deal is predominantly a consequence of the Mediator's actions, he is obliged to pay the Mediator the mediation fee in full.

 

FINAL PROVISIONS

Article 21

INCOLLA Real Estate Group reserves the right to update or modify the terms of use at any time without prior notice.

Article 22

For relations between the Broker and the Principal and third parties 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.

For legal disputes, the jurisdiction is determined by the Municipal Court in Zagreb, Croatia. 

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