The General Terms and Conditions of Real Estate Brokers (hereinafter: the General Conditions) govern 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 enter into a Real Estate Brokerage Agreement. The General Conditions are an integral part of the Mediation Agreement.
Certain terms and terms within the meaning of these, General Terms and Conditions have the following meaning:
Real estate agent – real estate agency AVANGARDE INTERNATIONAL Ltd- www.avangarde-international.eu, Vukovarska 255, 10 000 Zagreb
Real estate brokerage is all the activities of the real estate broker relating to the connection of the Principal and a third party, as well as negotiations and preparation for the conclusion of legal transactions that are the subject of a particular real estate, especially when buying, selling, exchanging, renting, leasing, etc.
Real estate is a parcel of land, together with anything that is permanently connected to land on or below land 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, tenant, lessor, lessor, lessee and other possible participants in real estate transactions).
A third party is a person whom the Real Estate Agent seeks to associate with the Principal in order to negotiate the conclusion of legal transactions that are the subject of the particular real estate.
Brokerage fee is the amount that the Client is obliged to pay to the Broker for the brokerage services.
Avangarde International Agency’s offer. – www.avangarde-international.eu is based on information received in writing and / or verbally and / or electronically by the Principal.
The offer and / or information on the real estate shall be considered confirmed by signing the Mediation Agreement between the Principal and the Intermediary.
The Agency retains the possibility of a mistake 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 property owner has given up the sale of the offered property.
The Agency shall not be liable for the errors referred to in paragraph 3 of this Article except in the case of intentional errors and / or grossly negligent operation of the Agency.
The Agency is not responsible for the errors and / or grossly negligent behavior of the Client.
Agency’s offers must be kept confidential by the client and only with the written approval of the Agency may be transferred to a third party.
If the Principal is already familiar with the real estate offered to him, he shall immediately inform the Agency in writing (e-mail, fax, registered letter, etc.).
Real estate prices are stated in EUR and payable are in HRK according to the valid exchange rate.
The Mediation Agreement obliges the Broker to contact the Client with a third party who would negotiate with him for the conclusion of the legal transaction, and the Client agrees to pay the Mediator the brokerage fee, if a legal transaction contract is concluded. The brokerage contract shall be concluded between the Broker and the Client. The brokerage contract must accurately, truthfully and completely indicate the real estate information for the purpose of the mediated business. The mediator may, at the insistence of the seller, on the basis of his oral account, perform the service of advertising the real estate on his web site and record the same in the brokerage log, and when interested in the real estate interested potential buyer will inform the seller and sign a brokerage agreement with the same if the seller wants it. otherwise, the broker is not obliged to contact the seller with the seller, unless the Broker wishes to agree to the brokerage on the one hand, or to pay his brokerage fee by the buyer on the basis of a written or verbal brokerage order with the buyer.
If the property is co-owned by several persons, the written consent (power of attorney) of all co-owners or representatives of all co-owners of the property is required in the form of acceptance of the Brokerage Agreement.
In order to fulfill the obligation of the Mediation Agreement, the Broker undertakes in particular to perform the following:
1. Seek the opportunity to conclude a brokerage contract between the Principal and a third party with the attention of a good businessman
2. endeavor to find and contact a third party for the purpose of concluding a legal transaction
3. mediate in the negotiations and strive for a legal transaction
4. acquaint the Principal with the average market price of the similar real estate
5. to warn the Principal with defects in real estate and with the state of the market
6. to inspect the documents proving the ownership and / or other real right to the real estate and to warn the Principal of obvious deficiencies and possible risks due to the unregulated land registry of the real estate, the registered real rights or other rights of third parties on the real estate
7. inform the Principal of all circumstances relevant to the intended work that are known to him or which he must be aware of
8. keep the personal data of the Principal and, by a written order of the Principal, keep as confidential business information about the real estate for which he mediates or in connection with that real estate or the business for which he mediates
9. advertise the real estate according to the General Terms and Conditions of the Agent for the best presentation of the real estate on the market and perform other actions that go beyond the usual presentation in agreement with the Principal
10. mediate at the handover of real estate
11. if the object of the contract is land, check the purpose of the land in accordance with the applicable zoning regulations relating to that land
12. enable inspection of real estate to the Principal and third parties
13. The mediator retains the subjective right not to contact the potential buyer and / or seller with the potential buyer and / or seller if he independently assesses that these are irresponsible and frivolous clients
14. in cooperation with the law office, prepare for the Principal a Purchase Agreement, Purchase Agreement, Tabular Statement, Proposal for Registration of Real Estate Ownership with the competent Municipal Court, Land Registry Department
By signing the Mediation Agreement, the Client undertakes in particular to perform the following:
1. inform the realtor about all circumstances that are important for the provision of the brokerage service and provide accurate information about the property
2. give to the Broker for inspection all documents proving his ownership of the real estate, or other real right not to the real estate subject to mediation
3. alert the Broker to all registered and unlisted encumbrances existing on the property
4. if the property is co-owned by more than one person, the consent of all co-owners or representatives of all co-owners for the sale of the property is required, in the form of acceptance of the intermediary contract
5. to provide the Broker and a third party interested in concluding the mediated business with an immediate inspection of the property
6. notify the Agent in writing of any changes related to the business for which he has authorized the Agent
7. pay the Brokerage fee in full for the real estate brokerage service in the percentage agreed by the parties from 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 amount paid to the Principal was paid the down payment and / or part and / or total purchase price of the property
8. reimburse the Broker for costs incurred during the mediation, which exceed the usual costs of mediation
The Mediator is considered to have performed the intermediary service if he had enabled the Client to connect with a third party (physical and / or legal) in order to negotiate the conclusion of a legal transaction, and in particular if:
1. directly took and / or referred to the Client a third party (physical and / or legal) for the purpose of viewing the real estate subject to mediation
2. Organize a meeting between the Principal and a third party to negotiate the conclusion of a legal transaction
3. communicated to the Principal the name, and / or telephone number (fixed or mobile), and / or fax number, and / or e-mail of the person authorized to negotiate and / or conclude the legal transaction and / or the exact address of the third party interested in concluding the legal deal
4. enable the Principal to contact the third party in any other way that leaves no doubt in the identification of the authorized person for negotiating and / or concluding a legal transaction
INTERMEDIATE FEES AND COSTS
The mediator shall charge an intermediary fee for his work in accordance with the agreement of the parties
The mediator shall charge a fee for the work from the Client in the amount determined by the Mediation Agreement, in accordance with the Agency’s price list.
The mediator acquires the right to a brokerage fee in the amount stipulated by the Mediation Agreement immediately after the conclusion of the first legal act that the contracting parties conclude with each other (pre-contract or final contract).
The fee covers ordinary mediation costs, except for costs that exceed the usual mediation costs.
The mediator is also entitled to the costs incurred during the mediation, which costs exceed the usual costs of mediation.
The Broker shall notify the Client in writing about costs that exceed the usual costs of mediation 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 did not dispute them immediately upon receipt of the written notice.
Brokerage fees and costs referred to in Article 10. The Principal shall pay to the Broker’s account within 3 days from the invoicing.
The mediator will charge VAT at the statutory rate for the brokerage fee.
If the Client refuses to conclude legal work during the conclusion of the mediated transaction, he is obliged to pay the Mediator the real costs incurred during the mediation, or to pay the Mediator the costs of time spent, advertising and other effectively incurred costs.
The Principal is obliged to pay to the Mediator the brokerage fee in the case when with the person with whom he was contacted by the Mediator he concludes a legal transaction different from the mediated one, 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 the brokerage fee if the spouse, offspring, descendant or parent of the Principal concludes the mediated legal transaction with the person with whom the Mediator brought the Client.
The broker is entitled to the advance payment of the brokerage fee if he/she is contracted.
The broker is entitled to the brokerage fee even if it is not expressly agreed in the brokerage contract. The amount of the fee is determined by the intermediary tariff.
LIABILITY FOR DAMAGES
If it breaches the obligation of professional secrecy, the Mediator is obliged to pay to the injured persons the damage they have suffered due to disclosure or non-keeping of business secret.
The duty of confidentiality shall not be breached if the intermediary discloses the information for the intermediary to the persons with whom it seeks to contact the Principal, and this is necessary for the Mediator to fulfill his obligation under the Mediation Agreement concluded with the Principal.
The client is liable for damages if he / she acted fraudulently, if he / she had withheld and / or provided incorrect information relevant to the mediation business.
The Principal shall be liable for damage and in the case of willful or grossly negligent behavior on his part, towards the Agency and / or a third party with whom the Agency has brought him in contact.
In the case referred to in paragraph 2 of this Article, the Mediator and the Client shall agree on the obligation of the Client to pay to the Agency all costs incurred during the mediation, which may not exceed the mediation fee for the mediated work.
PRICES FOR INTERMEDIATE SERVICES
Service Brokerage Fee
Purchase of real estate% by arrangement, minimum fee 1000,00 Euro, and the payables are in HRK equivalent
Sale of real estate% by arrangement, minimum fee 1000,00 Euro, and the payables are in HRK equivalent
Rent / lease of real estate up to 5 years 100% of the monthly rent
Property rental / lease for 5 years or more 200% of the monthly rent
Brokerage hourly rate with included costs 350,00 kn
Estimation of the market value of the property By appointment
Other Agency Services By appointment
• VAT is charged at the statutory rate
• the costs of administrative markers and other fees shall be borne by the Principal
The Mediation Contract the Client may undertake not to hire any other mediator (exclusive mediation) for the mediated legal work, which obligation must be explicitly contracted.
If, during the term of the Exclusive Mediation Agreement, the Principal has concluded a legal mediation through another Mediator, and for which the legal work has been given the Mediation Order to the Exclusive Mediator, he shall pay the Mediator the actual costs incurred during mediation.
When concluding an exclusive brokerage contract, the broker is obliged to warn the Client about the meaning and legal consequences of this provision.
DURATION OF THE CONTRACT AND TERMINATION OF THE CONTRACT
The mediation contract shall be concluded for a term of 1 (one) to 3 (three) years and shall terminate upon the expiration of the term for which it was concluded, unless the work for which the mediation was concluded within that period.
The parties may terminate the Mediation Agreement even before the expiration of the term for which the Agreement was concluded for a particularly justified reason, and only in writing by either of the parties.
The cancellation period is 8 (eight) days from the receipt of the cancellation.
The Principal is obliged to reimburse the Broker for the costs of mediation.
If the Mediation Agreement expires, the Contracting Parties have no claims against each other.
If the Principal enters into a legal transaction with a third party, he shall within 8 (eight) days inform the mediator in writing of the termination of the obligation to mediate or terminate the Mediation Agreement. In the case referred to in paragraphs 5 and 6 of this Article, the Principal shall pay to the Mediator the costs of mediation, which was otherwise agreed to be paid separately by the Principal.
The Principal shall acknowledge the mediation after the expiration of the Mediation Agreement if contact with a third party has been made during the term of the Mediation Agreement.
If the Principal concludes the real deal within a period not longer than the duration of the concluded mediation contract after the termination of this Agreement, and which legal transaction is predominantly a consequence of the Mediator’s activity, he shall pay the Mediator in full.
The provisions of the Law on Real Estate Brokerage and the Law on Obligatory Relations of the Republic of Croatia shall apply to the relations between the Intermediary and the Client and third parties concerned, which are not regulated by these General Terms or the Intermediary Contract.
Litigation is governed by the jurisdiction of the Municipal Court in Zagreb, Croatia.
Zagreb, 18th February 2020