General terms and conditions for real estate transactions
In accordance with the provisions of Article 18. In accordance with Article 14 of the Act on Real Estate Brokerage (Official Gazette No. 107/07, 144/12, 14/14, 32/19), the company Smarti d.o.o., OIB:60399065936., real estate agency CroHome, Dolac 9., Rijeka,
on 15.03.2024., brings the following:
TERMS AND CONDITIONS OF REAL ESTATE AGENTS
I. General Provisions
These General Terms and Conditions for Real Estate Agents (hereinafter referred to as the General Terms and Conditions) govern the relationship between the intermediary, the principal and third parties who enter into the brokerage agreement and form an integral part of it. In the event of a conflict between the General Terms and Conditions and the Brokerage Agreement, the provisions of the respective Brokerage Agreement shall apply.
II. Meaning of the terms contained in the General Terms and Conditions
For the purposes of these Terms and Conditions, certain terms have the following meanings:
3. Real estate brokerage means actions by real estate agents concerning the relationship between the principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of specific immovable property, in particular in the case of purchase, sale, exchange, rental, leasing, etc.
4. The client is a natural or legal person who enters into a written brokerage agreement with the real estate agent (seller, buyer, tenant, lessor, landlord, tenant and other possible participants in real estate transactions – hereinafter referred to as the principal).
5. Land is land with everything that is permanently attached to the land on the surface or under the land in accordance with the provisions of the General Regulation on Property and Other Land
6. A third party is a person whom the real estate agent intends to put in touch with the trader in order to negotiate the conclusion of legal transactions the subject matter of which is the designated immovable property ('the third party').
III. Real Estate Brokerage Agreement
By the real estate agency agreement concluded between the intermediary and the client (hereinafter: the contract), the intermediary undertakes to try to find and put in contact with a third party in order to find and prepare a third party for the purpose of negotiating and preparing a specific legal transaction on the transfer or creation of a specific right to the property and/or in connection with the property, and the Client undertakes to pay him a specific brokerage contract upon fulfilment of the agreed conditions.
The contract is concluded in writing and for a certain period of time. If the parties themselves do not agree on the period for which they conclude the contract, it shall be deemed to have been concluded for a period of 12 months from the date of conclusion of the contract and may be extended several times by agreement of the parties.
The broker may transfer this contract to other brokers, whereby the client remains in a contractual relationship only with the intermediary with whom he has concluded the contract.
The brokerage agreement ends at the end of the period for which it was concluded, if the legal transaction for which it was brokered was not concluded within this period, or by the termination of one of the contracting parties, which must be sent to the other party in writing to the address specified in the contract or to the official e-mail address of the intermediary.
The termination of the contract must not violate the principle of conscientiousness and honesty and must not get caught in a storm or deprive the intermediary of the right to compensation, in which case the intermediary is entitled to double the amount of compensation.
In the event of termination of the Agreement, the Client is obliged to reimburse the Agent for the costs incurred for which it has been expressly agreed that the Client will pay them separately, as well as those incurred by the Agent as a result of the Client's order or instructions.
If, within a period of up to 12 months after the termination of the concluded contract, the Client or his spouse/partner, a person of his close blood body or father-in-law relatives, or a company, institution or other legal person that is the Client, or one of the aforementioned persons, is the founder or legal representative, or with whom he has concluded an employment or service contract, To conclude a legal transaction resulting from the act of the intermediary before the termination of the brokerage agreement, he is obliged to double the amount of compensation to the intermediary.
IV. Exclusive Mediation
The exclusive brokerage agreement obliges the client not to engage any other broker for the brokered transaction.
If, during the term of the exclusive agency agreement, the client has entered into a legal transaction through another broker for which the sole broker has been given an agency mandate, he is obliged to pay the exclusive agent the agreed fee for damages, as well as any additional actual costs incurred during the mediation for the said mediated work.
When concluding an exclusive agency agreement, the intermediary is obliged to expressly inform the client of the meaning and legal consequences of the contractual clause referred to in the preceding paragraph.
The exclusive mediation contract concluded for a certain period shall terminate at the end of the period for which it was concluded, if the contract for which it was brokered was not concluded within this period, or by the termination of one of the contracting parties.
V. Obligations of the Intermediary
In particular, the intermediary is obliged to conclude a purchase contract, a rental agreement or a real estate lease agreement:
1. try to find a person for the purpose of concluding a brokered transaction and to contact the principal,
2. to familiarise the client with the average market price of a similar property, 3. to obtain and inspect documents proving ownership or other rights in rem over the immovable property in question;
4. to carry out the necessary actions for the purpose of presenting the property on the market, to advertise the property appropriately and to carry out any other acts agreed by the real estate agency contract which go beyond the usual presentation and for which he is entitled to special costs determined in advance,
5. provide an overview of real estate,
6. to mediate in negotiations and to seek the conclusion of a contract if it has expressly undertaken to do so,
7. to retain the Client's personal data and, at the written request of the Client, to treat as a trade secret any information relating to the property for which it is brokering or in connection with that property or the business for which it is brokering,
(8) where the subject matter of the contract is immovable property, to examine the purpose of the land in question in accordance with the rules on town and country planning applicable to that land;
9. to inform the Client of all circumstances relevant to the intended transaction which are known or should be known to him,
10. to familiarize the client with the provisions of the Act on Combating Money Laundering and Terrorist Financing (OG 108/17, 39/19, 151/22).
11. to draw up, in cooperation with a lawyer, draft contracts for the legal activity mediated by him.
If, in agreement with the Client, the Broker carries out for him and other actions related to the works that are the subject of the mediation, he will separately commission the type and amount of the costs.
The Intermediary shall not be liable for the non-performance of the obligations of the Principal and a third party assumed by the legal transaction concluded between the Principal and the third party, and the subject of the legal transaction is the real estate for which the Broker has mediated.
VI. Obligations of the Client
By concluding the brokerage agreement with the broker, the client assumes the following obligations:
- to inform the intermediary of all the circumstances that are important for the mediation and to provide accurate information about the property and whether he must provide the intermediary with a site, construction or use permit for the property that is the subject of the contract and provide the intermediary with proof of the fulfilment of the obligations towards a third party,
- to provide the intermediary with documents proving his ownership of the immovable property, i.e. other rights in rem in the immovable property which is the subject of the contract, and to inform the intermediary of all registered and unregistered encumbrances existing on the immovable property;
- to make the inspection of the property available to the intermediary and to a third party interested in concluding the brokered transaction;
- inform the intermediary of all relevant information about the property requested, including in particular the description of the property and the price,
- to pay the Agent the agreed remuneration for certain activities of the Agent described in the previous article of the General Terms and Conditions
- reimburse the intermediary for the costs incurred during the mediation in excess of the usual costs of the mediation;
- to inform the intermediary in writing of any changes related to the transaction for which he has authorized the broker and, in particular, of any changes related to the ownership of the property.
The Client is not obliged to enter into negotiations on the conclusion of a brokered transaction with a third party found by the intermediary or to conclude a legal transaction. The client is liable to the broker for damages if he has not acted in good faith and is obliged to reimburse all costs incurred during the mediation, which may not be less than 1/3 or higher than the agreed fee.
The client is liable for damages if he has acted fraudulently, if he has withheld information relevant to the brokerage activity for the settlement of the brokered transaction or if he has provided incorrect information.
VII. Maklercourtage
The amount of the brokerage fee depends on the brokerage contract.
The agreed brokerage fee includes the performance of all actions of the intermediary referred to in point VI of the General Terms and Conditions.
In case of carrying out actions that are not covered by the point. VI. of the General Terms and Conditions, the Agent shall be obliged to reimburse the Agent, at the request of the Client, for the actual costs of carrying out these acts in addition to the fee for the hourly rate of the Mediation spent.
VAT will be applied to all fee amounts.
The withdrawal of the Client or of a third party with whom the Client has concluded a preliminary contract in relation to the property that is the subject of the mediation, nor the withdrawal of the Client or the person with whom the Client has concluded a contract in relation to the property that is the subject of the mediation since the performance of the concluded contract, does not affect the Client's obligation to pay the Brokerage Fee in the amount and in the manner specified in this Article and in the Brokerage Agreement concluded.
The Client is obliged to pay the fee even if he has concluded a legal transaction with a third party to whom the intermediary has drawn his attention and with whom the intermediary has come into contact, which is different from the one for which he was mediated and which pursues the same purpose as the brokered transaction or the object, the object of which is the legal transaction, the real estate that is the subject of the mediation.
The intermediary is deemed to have enabled the Client to contact a third party if:
has directly instructed the client to inspect the property in question,
organised a meeting between the client and the third party to negotiate the conclusion of a legal transaction
Has provided the Client with the name and surname, i.e. the company, telephone number, fax number, e-mail address of a third party authorised to conclude a legal transaction, or the exact location of the requested property.
If the Client withdraws during the conclusion of the brokered transaction (after the Agent has made an acceptable offer), the Client is obliged to pay the Agent the amount of the agreed fee.
The brokerage fee does not include the following costs, which are borne by the client; translations by an authorized court interpreter of all documents relating to the subject matter of this contract, court fees for registration, pre-registration and registration, notarial arbitration award in the certification of signatures on documents, costs for court fees or state stamps, identity certificates, obtaining a building and/or use permit and/or the costs of obtaining other documents from the competent court, state geodetic administration, banks, administrative departments of the competent authorities of local and/or regional self-government units or any other body.
VIII. Protection of personal data
By concluding the Agreement, the Client confirms that it is aware that the Intermediary, as the controller of the processing of personal data, collects and processes the personal data of the Client's authorised persons exclusively for the purpose and performance of this Agreement and hereby gives its express consent to the collection and processing of the relevant data VIII.
. The data collected during the conclusion / modification of the contract (name and surname of the managing director or signatory of the client, address, date of birth, OIB, e-mail address and telephone number) are processed by electronic written entry of personal data into the computer and these data are stored in digital form and sealed with a password.
The data collected during the conclusion / modification of the contract (name and surname of the managing director or signatory of the client, address, date of birth, OIB, e-mail address and telephone number) are processed by electronic written entry of personal data into the computer and these data are stored in digital form and sealed with a password.
The originals of the contract are kept in physical form in special registers without the possibility of unauthorized access and on the intermediary's computers in electronic form.
This data may not be used for any purpose other than that for which it was collected. The data will be kept for the duration of the contract and after the termination of the contract for the purpose of regulating legal relationships arising from the (termination) of the contractual relationship, i.e. until the expiry of the corresponding limitation periods in accordance with the specific limitation provisions for the contractual relationship in question.
The Client authorises the intermediary to pass on the collected data to third parties in the event of a business transfer, the establishment of business relationships within the framework of business partnerships and similar relationships (in particular for accounting and bookkeeping purposes). The persons authorised to represent the Client, the signatories of the Client, as well as the employees of the Client, in their capacity as data subjects, may request the Agent, in their capacity as controller and/or processor of personal data, to exercise all the rights of the data subject in accordance with the applicable legislation on the protection of personal data.
The Intermediary shall treat Personal Data in accordance with all applicable legal requirements, using appropriate physical, technical and other security measures to protect Personal Data from unauthorized access, misuse, disclosure, loss or destruction.
IX. Final Provisions
Anything not expressly provided for in these Terms and Conditions is governed by the Real Estate Agents Act, the Civil Obligations Act, the Anti-Money Laundering and Countering the Financing of Terrorism Act and other applicable regulations.
The terms and conditions are valid from 15.03.2024.