GENERAL BUSINESS TERMS
REAL ESTATE AGENCIES
IMPERIUM IMMOBILIARE doo
GENERAL PROVISIONS
Article 1.
The general terms and conditions of the real estate broker’s business (hereinafter: General Terms) govern the business relationship between the real estate brokerage agency (hereinafter: the broker) and the natural or legal person (hereinafter: the principal) who enters into a written agreement with the broker. mediation agreement (hereinafter: mediation agreement).
The general conditions are an integral part of the mediation contract concluded between the mediator and the client.
PROPERTY OFFER
Article 2.
Our offer is based on the information we receive in writing and verbally from the client. There is a possibility of an error in the description and price of the real estate, and the possibility that the advertised real estate has already been sold, rented, or the real estate agent has given up mediation. The client must keep our offers and notifications as a business secret and may only transfer them to a third party with our written approval. Real estate prices are expressed in euros, and are payable in HRK equivalents.
MEDIATION AGREEMENT
Article 3.
With the mediation agreement, the mediator undertakes to put in contact with the principal a person who would negotiate with him on concluding a contract, and the principal undertakes to pay him a certain commission, if the contract is concluded. The mediation contract is concluded between the mediator and the principal. In the mediation contract, the essential data for mediation must be truthfully, accurately and completely indicated. If the mediation contract has not been signed, the principal is not obliged to pay the mediator compensation, unless the mediator proves in some other way that he acted as a mediator when concluding a legal transaction.
EXCLUSIVE BROKERAGE
Article 4.
The Intermediary enters into an agreement on exclusive mediation with the Principal for a certain period of time if the Principal has entered into a legal transaction with a person or his relative after the expiration of the agreement, then the Intermediary’s engagement will be recognized even after the expiration of the agreement.
The mediator undertakes to draw the Principal’s attention and explain the concept of exclusive mediation and the possibility of legal consequences.
During the duration of the exclusive mediation, the Principal is obliged not to enter into a legal transaction of the sale of real estate without an Intermediary.
If, during the duration of the Agreement on exclusive mediation, the Principal concludes a deal with another Intermediary, i.e. realizes the purchase and sale of his real estate, he is obliged to pay the Intermediary the agreed fee and any costs.
The contract on exclusive mediation expires after 12 months. , and the parties are able to extend the same 30 days before the expiration of the Agreement.
OBLIGATIONS OF INTERMEDIARIES
Article 5.
By signing a contract on mediation in real estate transactions, the mediator undertakes to perform the following in particular:
1. to try to find and bring a person in contact with the principal in order to conclude the mediated deal;
2. inform the client of the average market price of similar real estate;
3. inspect the documents proving ownership or other real rights to the property in question and warn the client of obvious defects and possible risks related to the disorderly state of the real estate in the land register, registered real rights or other rights of third parties to the real estate;
4. perform the necessary actions for the purpose of presenting (presentation) the real estate on the market, advertise the real estate in an appropriate manner, as well as perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;
5. enable inspection of the property;
6. mediate in negotiations and try to conclude a contract;
7. keep the personal data of the principal and, upon the written order of the principal, 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;
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the valid spatial planning regulations that refer to that land;
9. inform the principal about all the circumstances important for the intended work that are known to him or must be known to him.
OBLIGATIONS OF THE PRINCIPAL
Article 6.
By signing the contract on mediation in real estate transactions, the principal undertakes to perform the following in particular:
1. inform the mediator about all the circumstances that are important for the performance of mediation services and present accurate information about the real estate;
2. give the mediator all the documents that prove his ownership of the real estate, or other real right to the real estate that is the subject of the contract;
3. provide the mediator and a third person interested in concluding the mediated deal with a viewing of the property;
4. after concluding the mediated legal transaction, i.e. the pre-contract by which he undertook to conclude the mediated legal transaction, to pay the mediator compensation, unless otherwise agreed;
5. if it is expressly agreed, to compensate the mediator for costs incurred during the mediation, which exceed the usual mediation costs;
6. notify the intermediary in writing of all changes related to the work for which he has authorized the intermediary.
The principal will be liable for damages if he did not act in good faith.
BROKERAGE FEE
Article 7.
The mediator is entitled to a mediation fee (hereinafter referred to as: fee). The mediator charges a fee for his work in the amount determined by the mediation contract. The mediator acquires the right to the mediation fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (preliminary contract or sales contract).
VAT in the amount of 25% is charged on the compensation amount because the agency “IMPERIUM IMMOBILIARE DOO” from Zagreb is in the VAT system.
Article 8.
If the party itself offers the mediator compensation or a reward greater than the agreed upon, the mediator may receive such a reward, but under the condition that it is not clearly disproportionate to his services, the outcome of his work and the financial condition of the party.
The intermediary can contract the right to reimbursement of expenses necessary for the execution of the order and request that funds be advanced to him for certain expenditures for expenses.
Article 9.
It is considered that the intermediary has provided the client with a connection with a third party regarding negotiations for the conclusion of a mediated deal, if the principal has been enabled to contact a third person (natural or legal entity) with whom he negotiated for the conclusion of a legal transaction, and especially if:
directly brought or directed a third person to the principal to view the property that is the subject of mediation;
organized a meeting between the client and a third party for the purpose of negotiating a legal deal;
communicated to the principal the name, phone number, fax number, e-mail of another person authorized to conclude a legal transaction or communicated the exact location of the requested real estate.
PRICE LIST
All intermediary services are included in the charged agency commission in the event that the Client withdraws from the legal work. The Intermediary can charge the incurred costs according to the following price list:
-Professional photography, image processing and advertising – €490.00
– Presentation of the apartment per tour – €70.00
-Official real estate appraisal – €4.00 / m2
– Counseling – €100.00
PURCHASE AND SALE
The commission is charged as a percentage of the total amount of the purchase price.
Highest total commission 6%
Lowest total commission 4%
SALE
Brokerage commission when selling real estate (charged by the seller)
2 – 4 %, but not less than €1,000.00
SHOPPING
Brokerage commission when buying real estate (charged by the buyer)
2-3%, but not less than €1,000.00
The commission is charged from the buyer if it has been agreed upon or the intermediary has received a written or oral order to request the property from the buyer.
REPLACEMENT
When exchanging real estate, a commission is charged from each party in the exchange, and the percentage is calculated from the value of the real estate that the party acquired through the exchange 2 – 3 %
LEASE AND RENT
RENTING AND LEASING – commission from lessor and lessor
Percentage of monthly rent
75% – Minimum
100% – For rent or lease duration from 12 to 59 months
150% – Minimum for rent or lease duration of 60 months (5 years) and more
HIRE AND LEASE – commission from lessee and lessee
Percentage of monthly rent
75% – Minimum for rent
100% – Minimum for lease
100% – For rent or lease duration from 12 to 59 months
150% – Minimum for rent or lease duration of 60 months (5 years) and more
VAT is not included in the price
TERMINATION OF CONTRACT
Article 10.
The mediation agreement is concluded for a period of 12 months, for an indefinite period of time or according to the agreed term of the parties, and it ends with the expiration of the term for which it was concluded, unless the agreement for which it was mediated was concluded within that period or by the termination of any of the contracting parties. The client will recognize the mediation even after the contract expires if the contact with the third party was made during the duration of the contract. If the client unilaterally terminates the contract before the end of the agreed term, he is obliged to reimburse the intermediary within 7 (seven) days for all mediation costs incurred up to the termination of the contract, which relate to advertising costs, material costs, etc., if they are the same contracted and if they were incurred.
The principal is obliged to compensate the intermediary for the expenses incurred, which were otherwise agreed to be paid separately by the principal.
If, within one year after the termination of the contract, the principal enters into a legal transaction with the person with whom he was connected by the intermediary, and for whom the intermediary mediated during the validity of the contract, he is obliged to pay the intermediary’s fee in full, unless otherwise agreed in the Agreement.
FINAL PROVISIONS
Article 11.
The provisions of the Law on Mediation in Real Estate and the Law on Obligatory Relations of the Republic of Croatia apply to relations between intermediaries and other persons concerned, which are not regulated by these General Terms and Conditions or the mediation agreement.
The court in Zagreb is competent for legal disputes.
“IMPERIUM IMMOBILIARE DOO” a real estate agency from Zagreb, based on the Decision of the Ministry of Economy (Administration for Trade and Internal Market), is a licensed agency for mediation in real estate, and the issued Decision is registered under Class: UP/I-330-01/ 18-01/372, REG.NO.: 526-05-01-01-01/2-18-2 and is registered in the Register of Real Estate Brokers in the Republic of Croatia, which is managed by the Croatian Chamber of Commerce, registration number: 146/ 2018
In application from 03. July 2020. years
IMPERIUM IMMOBILIARE DOO
ILICA 87
10,000 Zagreb
