General Terms of Business
In accordance with the provisions of the Real Estate Brokerage Act („OG" no.107/07), NEKRETNINE ANITA TIM d.o.o. Split Real Estate Agency, OIB: 05694007615 passes the following
General Terms of Business
The General Terms of Business regulate the business relationship between Nekretnine Anita Tim d.o.o. Split Real Estate Agency (hereinafter referred to as: the Agency) as the broker and the client (natural person or legal entity).
By signing the Brokerage Agreement the Client confirms that he is familiar with and agrees with all provisions of the Agency’s Terms of Business.
GENERAL TERMS OF BUSINESS
1. Offers
The Agency's offers are based on the information we receive in written or oral way and are subject to confirmation. We reserve the possibility of mistakes or errors in the description and price of the property, and the possibility that the property has already been sold, leased or the property owner withdrew from the sale (or rent / lease).
The Agency’s offers and notifications must be kept confidential by the ordering party (the client) and may be transferred to a third party only upon our written consent.
If the client is already familiar with a facility the Agency has offered, he shall inform the Agency thereof without delay.
2. The Agency's obligations
- to enter into the Brokerage Agreement with the Client in writing (standard or the so-called exclusive one);
- to try to find and connect the Client to a person for the purpose of closing the mediated deal;
- to familiarize the Client with an average market price of a similar property;
- to familiarize the Client with the defects to the property;
- to inspect the documents proving the ownership or other real right to the property in question and warn the Client of obvious defects and possible risks which may be brought about by the unresolved land registry status;
- to familiarize the Client with all statutory, tax and other obligations arising out of the legal transaction regarding the property in question;
- to perform the necessary actions for presenting the property on the market, to list the property in an appropriate manner chosen by the Agency;
- to enable property showing;
- to keep confidential the Client's personal information, and the information concerning the property in question, or related to such property or the mediated deal upon the Client's written order;
- to inform the Client of all the circumstances important for the intended deal that the Agency is familiar with;
- to mediate in negotiations and strive to close a legal transaction of selling;
- to be present at the closing of the legal transaction (Preliminary Contract and Agreement);
It is deemed that the Agency has enabled the Client to connect to the person (natural person or legal entity) he negotiated with for the purpose of closing the legal deal, especially if:
it personally took or instructed the Client to visit the property in question; it organized a meeting between the Client and other Contracting Party for the purpose of negotiating the closing of the legal transaction; it gave the Client the name, telephone number, e-mail address or fax number of another person authorized for closing the legal transaction or informed him of the exact location of the property sought.
3. The Client's obligations
- to enter into the Brokerage Agreement with the Agency in writing (standard or the so-called exclusive one);
- to inform the Agency of all the circumstances important for mediation, provide the exact information of the property, allow the broker to inspect planning, building and occupancy permit for the property object of the Agreement if he has them and make available the evidence of fulfilment of obligations to third parties to the broker;
- to allow the broker to inspect the documents proving the ownership of or other real right to the property object of the agreement and warn the broker about all encumbrances and burdens on the property;
- to enable, that is, to ensure the Agency and the third party interested in closing the mediated deal the visit to the property;
- to provide the Agency with all relevant information regarding the property sought including in particular the property description and the price;
- to pay the contracted fee (commission) to the Agency upon the closing of the mediated legal deal, that is the Preliminary Contract which binds him to close the mediated legal deal, unless otherwise agreed;
- to reimburse the Agency the costs incurred during brokerage which exceed the usual brokerage costs, including the costs of entry to property auctions;
- to inform the Agency in writing of any change related to the deal for which the Agency is authorized, and particularly of any change related to property ownership;
- the Client is responsible for the damage if he does not act in good faith, that is, if he cheats, and if he hides or provides incorrect information necessary for the brokerage in order to close the legal deal, and shall reimburse the Agency all the costs incurred during brokerage, which costs may not exceed the brokerage fee for the deal mediated.
4. The right to the fee
The Agency has the right to a full amount of fee at the time when the mediated deal is closed, that is, upon signing the Preliminary Contract or Agreement which binds the Client to close the mediated legal deal. The fee is paid to the Agency at the moment of signing the Preliminary Contract or Agreement by both Contracting Parties.
The amount of brokerage fees for the mediation performed in buying, selling, exchange, lease and rent of the property is charged in accordance to the Brokerage Agreement.
The Agency may contract the right to the reimbursement of costs necessary to perform orders and ask that the financial assets necessary for certain costs be paid in advance, including costs of entry for organizing and holding property auctions.
The Client has to pay the fee even when he and the person the Agency connects him to close the legal deal other than the mediated one, of the same value as the legal deal, that is, which has the same purpose as the mediated legal deal.
The Agency has the right to the fee if the Client's spouse, common law husband or wife, child or parent closes the mediated legal deal with the person the Agency connected the Client to.
5. Fee amounts
The percentages below are paid as brokerage fee + VAT.
5.1. Selling
The Agency's commission is 3% of the amount of the property purchase and sale price.
If the Agency has concluded an Exclusive Brokerage Agreement with the Client, the commission is charged based on the amount contracted and specified in the Agreement.
5.2. Buying
The Agency's commission is 3% of the amount of the property purchase and sale price.
The commission is charged to the buyer if it is contracted or if the Agency receives a written or oral order from the buyer to seek the property, that is, if the buyer participates in, or buys a property in the public property auction.
If the Agency has concluded an Exclusive Brokerage Agreement with the Client, the commission is charged based on the amount contracted and specified in the Agreement.
5.3. Exchange
The Agency's commission is 3% and is charged to each party participating in the exchange, and the percentage is calculated based on the value of the property the party gained through exchange.
5.4. Lease/Rent
In lease/rent agreements, (the contracted term of lease/rent up to 5 years), 100% of the monthly lease/rent amount is charged to the lessor/landlord. The same amount for the same contracted term is charged to the lessee/ the tenant as well.
In agreements where the term of lease/rent exceeds 5 years, 150% of the monthly lease/rent amount is charged to the lessor/landlord, that is, to the lessee/ the tenant.
In Exclusive Brokerage Agreements, the amount contracted and specified in the Agreement is charged to the Client.
5.5. Broker's hourly wage
The amount of the broker's hourly wage including costs (time spent, production and advertising and other costs related to the mediated deal) is HRK 250, 00.
6. Agreement Termination
The Brokerage Agreement is entered into for a definite period of time and ends upon the end of term for which it is entered into, unless during that period the mediated contract is stipulated or if cancelled by any Contracting Party, in which case the Contracting Party has to notify the other Party in writing of the cancellation. The notice period is 7 days upon receiving the notification of cancellation unless specified by the Brokerage Agreement. If the Brokerage Agreements ends in cancellation, the Contracting Parties have no claims against each other.
The Parties may resign from the brokerage Agreement before the end of the term only for a particularly justified reason. In that case, the Client has to reimburse the Agency the costs incurred.
If during period after the termination of the Brokerage Agreement not longer than the term of that Agreement itself the Client closes a legal deal which is predominantly the consequence of the Agency's activities before the termination of the Brokerage Agreement, he has to pay the brokerage fee to the Agency in full, unless otherwise stipulated by the Agreement.
If the Agreement expires, the Client has to pay to the Agency the costs incurred which were specifically agreed to be paid by the Client.
If the Client withdraws the property from sale in property auction before the auction itself takes place, which he is entitled to, the amount of such withdrawal equals to the amount of the brokerage fee for sellers referred to in Article 5.1.
7. Cooperation with other agencies
The Agency is willing to cooperate with other real estate agencies which respect basic moral principles (which exclude giving false information for the purpose of acquiring deals and clients, disrespecting other agencies in any way for the purpose of acquiring deals and clients, unreal property value estimation for the purpose of acquiring brokerage and appearing in the media for the purpose of personal advertising adversely affecting the interests of others.).
8. General Provisions and Dispute Resolution
Relations between the Broker and the Client not regulated by these General Terms of Business, or by Agreement, shall be regulated indirectly by the provisions of the Real Estate Brokerage Act, or if not so, then by the General Terms and Conditions of the Real Estate Brokerage Agreement and general provisions of the Civil Obligations Act.
Any disputes will be settled by the Municipality Court in Split, that is, Commercial Court in Split, according to actual competence.
Nekretnine Anita Tim d.o.o. Split
DOCUMENTS:
Code of Ethics - In order to act according to good business practices and the application of the principles of conscientiousness and fairness, for the purpose of protecting the Clients' interests, at the Session held on April 11th, 2003, members of the Real Estate Association of the Croatian Chamber of Commerce agreed upon the rules of real estate agents business activities. -
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Brokerage Agreement (selling, buying, exchange, lease, rent of properties) -
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Price List of brokerage fees for mediating in selling, buying, exchange, lease and rent of properties -
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