General terms and conditions
GENERAL TERMS AND CONDITIONS
AGENCY FOR REAL ESTATE BROKERAGE
Agram Real Estate Ltd.
Personal identification number: 26464078142
Pursuant to the provisions of the Real Estate Brokerage Act, Document Class: 001-01/07-01/128, Reg:001-01/07, of November 2, 2007, the Agency AGRAM NEKRETNINE LTD., Martićeva 67, Zagreb (hereinafter the agency) hereby issues the following:
GENERAL TERMS AND CONDITIONS
General terms and conditions of real estate agents (hereinafter: Terms) regulate the business relationship between the agency in real estate (hereinafter referred to as mediator), and physical and / or legal persons (hereinafter referred to as the Principal) of the Mediator concludes an agreement on mediation in real estate.
Terms and Conditions are an integral part of the mediation.
Certain terms and in terms of these General Terms and Conditions shall have the following meanings:
Real estate agents - real estate agency Agram Real Estate Ltd., Martićeva 67, Zagreb.
Agents involved in real estate are all acts of real estate agents that are related to connecting the customer and third party negotiations and preparations for the conclusion of legal transactions which are subject to certain real estate, especially in the purchase, sale, exchange, lease, rental, etc.
Properties are land, together with all that is permanently connected to the land surface or beneath it in accordance with the provisions of the Law on Ownership and Other Proprietary Rights.
Bidder is a physical and / or entity that enters into an agreement with the Mediator Mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
The third person is a person that real estate agents trying to connect with the customer for the negotiations on the conclusion of legal transactions which are subject to certain real estate.
Intermediary fee is the amount that the principal shall pay the mediator for mediation services.
Offer Agency Agram Real Estate Ltd. based on data received in writing and / or oral and / or electronically by the principal.
The offer and / or information on real estate will be confirmed by signing the Contract on mediation between the client and the mediator.
The Agency reserves the possibility of errors in the description and / or the sale price and the possibility that the property has been sold and / or lease and / or the property owner withdrew from the sale of a property.
The Agency is not responsible for errors in paragraph 3 this Article except in the case of intentional mistakes and / or highly negligent operation of the Agency.
The Agency is not responsible for errors and / or extremely negligent behavior of the Principal.
Agencies offer the Customer must keep confidential and only with the written approval of the Agency shall transmit to third parties.
If the principal is already familiar with the properties that were offered him, he shall without delay notify it in writing (e-mail, fax, registered letter, etc.)
Brokerage contract the Customer can commit to the mediated legal work will not engage any other agent (exclusive mediation), the liability must be expressly agreed.
If during the term of the Agreement on the sole mediation made by the principal legal mediator through another agent, and for that legal work is the exclusive agent was given the order for mediation, the mediator is obligated to pay the actual costs incurred during the mediation.
When concluding the exclusive placement agent is obliged to warn the Principal of the meaning and legal consequences of those provisions.
Real estate prices are in EUR and are payable in Kunas.
OBLIGATIONS OF THE Agency Agram real estate Ltd. (Intermediaries) to the principal - the seller
1. Conclude a mediation contract with the Client in writing (standard or exclusive)
2. Seek an opportunity to conclude a purchase contract between the seller and the third part for the mediated matter with diligence of a good businessman
3. Inform the Client about the average market value of simillar properties and to point out its possible legal or physical disadvantages
4. Control the documents proving the ownership or another property right and alert the customer to:
- obvious disadvantages and potential risks related to undeveloped land state property
- registered real rights or other rights of third parties on the property
- legal consequences for unfulfilled obligations to third parties
- shortcomings of the construction and use permits in accordance with the particular law
5. Organize the visit of the property, perform all the actions necessary for the presentation of the property on the market and advertise the property in a manner determined by the Agency Agram Real Estate Ltd.
6. If the conctract subject is a land plot, check the intended use of the plot in accordance with the regulations of the Physical Planning related to the land and inform the interested parties about the same
7. Keep Client's personal and other information, as a business secret;
8. Inform the Client of all significant circumstances of the intended business which are known to the agency
9. Mediate in the negotiations and try to come to the conclusion of the legal work
10. Assist at the conclusion of the legal work (appropriate contracts)
12. To be present at the handover of the property
13. In collaboration with the law office create the preliminary real estate purchase contract, the real estate purchase contract and the tabular statement
OBLIGATIONS OF THE CLIENT - SELLER TOWARD THE AGENCY Agram real estate Ltd.
1. Conclude a mediation contract with the Agency Agram Real Estate Ltd. in writing form (standard or exclusive)
2. Inform the Agency Agram Real Estate Ltd. About all the circumstances that are important for the mediation work , point out the accurate information about the property and provide all the documents which are confirming the ownership or other proprietariy rights that are subject of the intermediary business
3. Allow to the Agency Agram Real Estate Ltd. to take pictures of the property (or by agreemet, to provide to the Agency photographs of adequate quality) and inform the Agency about all the circumstances regarding the property
4. To enable a visit of the property in presence of a real estate agent from the Agency Agram Real Estate Ltd. and a third party who is interested in conclusion of a legal activity
5. Inform the Agency Agram Real Estate Ltd. in written form about all relevant data – especially about the description, ownership status and price of the property
6. To pay the Agency Agram Real Estate Ltd. commission in the amount of 2-3% (two- three percent) of the determined total purchase price (or of the value of the propety determined during the legal activity through which it changes the owner),in which amount is not included the value added tax, immedietly after the sining of the preliminary contract, purchase agreement or other similar legal document, and after receiving of the first amount of money as down payment or purchase price. The Client acknowledges the mediation which means that the Agency has got right to the commission fee in full also in following cases:
- If the Client closes a pre – contract, or a purchase contract with the Buyer which relationship has been established through the Agency, with Buyer's family members or with a company that is (are) (co) owned by the Buyer or the company in which the Buyer has certain influence;
- If the Client without an objective reason withdraws from the sale after the agency finds a person interested in closing a contract;
7. The Client will be liable for damages, if he did not act in good faith if he has acted fraudulently, if withheld or given incorrect information relevant for mediation to end the legal work, and shall reimburse the Agency Agram Real Estate Ltd. all expenses incurred during the mediation, which costs may not be higher than the brokerage fee (commission) for brokerage work
8. If it is expressly agreed to compensate the Agency Agram Real Estate Ltd. the costs incurred during the mediation, which exceed the normal costs of mediation
OBLIGATIONS OF THE AGENCY Agram real estate Ltd. TOWARDS THE CLIENT – BUYER
1. Conclude a mediation contract with the Client
2. Try to find an appropriate property for the Client, to show him the same, and bring him into contact with the seller who would negotiate with him about the conclusion of the sale contract (lease agreement, replacement, etc.)
3. Provide the Buyer the proof of ownership over the propetry that is subject of the sale
4. In cooperation with the law office to prepare the property purchase pre-conctract, the purchase conctract and the tabular statement
5. To organize the verification of Seller and Buyer signatures by a Public Notary
6. To be present at the payment of the purchase price and property handover, in which occasion a handover protocol will be written
7. if the Client authorize Agram Real Estate Ltd. the Agency will also do for him:
- Submit the request for the tax return at the Tax Administration;
- Edit and submit all the necessary documents for the transfer of the overhead expenses from the Seller to the Buyer;
- Submit a proposal for registration of the ownership over the purchased property on behalf of the Buyer at the Land Registry Department of the competent Municipal Court
- for foreign citizens submit a request for obtaining a PIN (Croatian OIB) and other administrative tasks related to the purchase and sale of real estate in Croatia
OBLIGATIONS OF THE CLIENT – BUYER TOWARDS THE AGENCY Agram real estate Ltd.
The Clint – Buyer has to pay the Agency commission in the amount of 2-3% (two- three percent) of the established total purchase price (or established the property value in a legal transaction which it changes the owner), in which amount is not included the value added tax, immediately after signing of the preliminary contract, purchase agreement or other similar legal documents, and after receiving of the first amount of money on behalf of the down payment or purchase price.
The Agency Agram Real Estate Ltd. exercises the right to the agreed commission fee in full in the case that:
The Client concludes a pre- contract or a purchase conctract with the Buyer who is brought in conctact through the Agency, with Buyer's family members or with a company in which the Buyer an certain influence
RIGHTS OF THE AGENCY Agram real estate Ltd. TO THE COMMISION FEE
The Agency Agram Real Estate Ltd. is entitled to an agency commission - a commission in full at the time of the conclusion of the mediation (by sining of a pre - contract or conctract) with which the Client is obligated to conclude the mediation legal activity.
The commision fee is paid to the Agency at the same time or instantly after the conclusion of the legal activity for which the Agency performed the mediation.
The legal activity shall be considered concluded when the Client and the third party agreed about the subjects of the contract and the price, that is, in the moment of closing of the pre – conctract, conctract and / or laying down payment for legal work.
Under these conditions the mediated legal activity is also considered as concluded in the case that the Client concludes the preliminary contract and / or pays the down payment to a third party, who was brought in connection with him by the Agency , for the properties that are ownership of the third parties or his family members, although the same are not explicitly mentioned in the Brokerage Agreement or Mediatory list.
The commission fee includes all the costs that the Agency had during the mediaton .
If the Agency in accordance with the Client perform other services realeted to the legal activity that is subject of the intermediation which are not included in the normal mediation activities, the type and the cost of these works will be agreed in the intermediation conctract.
The Agency may negotiate the right to compensation for expenses necessary for the execution of the order and get the advance payment for certain expenses.
The Customer shall pay the commission also when a person with whom he is brought into contact throught the Agency, concludes a different legal activity from the one for which was mediated, which has the same value as the legal activity and which achieves the same purpose as the mediated legal work.
The Client shall pay the Agency commission, if the spouse or common – low spouse, descendant or parent of the Client conclude a legal transaction with a person with whom te broker brought into contact te Client.
The agreed mediation fee does not include the costs of court dues for the property registration, advanced subcription and notification of the property at the Land Registry, Public Notary fees for the authentification of the signatures on the documents, fees for obtaining the title documents, a copy of the cadastral plan, identification, assignment of mortgages, certificates and other documents regarding the concluded legal work.
The brokerage fee is determined by the Mediation Contract, plus VAT.
PRICE intermediary services
- Intermediary Service Fee
- Buying real estate % by agreement
- Selling real estate % by agreement
- Rental / lease of the property to 5 years 100% of monthly rent
- Rental / lease of the property 5 years and over 200% of the monthly rent
- Intermediary involved with the hourly cost of 250,00 kn
- Estimate the market value of the property negotiable
- Other Services Agency negotiable
- the cost will be charged VAT at the statutory tax rate
- the costs of taxation stamps and other charges borne by the Principal
TERMINATION OF THE CONTRACT
The Mediation contract is concluded for a period of 12 months and cease by the expiry of the contractual period, if in that period has not been concluded a purchase contract for which was mediated or by cancellation of any of the parties.
The Parties may withdraw from the Mediation conctract only for a particularly good reason.
The client in this case is obliged to compensate the agency costs. The Mediator and the Client agree that by the expiry of the agreed term contract the same will be extended again to the same time period, unless one of the parties previously in writing cancel the contract.
The notice period is 30 days.
If within a period not longer than the duration of the mediation contract after the termination of this Agreement the Customer enters into a legal business which is mainly the result of Agent's action prior to the termination of the contract, the Client is obliged to pay the whole commission unless otherwise agreed.
When the contract expires, the Client is obliged to reimburse the Agency Agram Real Estate Ltd. for the incurred costs which were particulary agreed to be paid by the Client.
COOPERATION WITH OTHER AGENCIES
The Agency Agram Real Estate Ltd. cooperates with other real estate agencies that respect fundamental ethical principles (which excludes the bringing out of false information about the business to obtain jobs and parties, belittling other agencies in any manner to obtain jobs and unrealistic evaluation of the property to obtain intermediary activities and exclusion of other agencies from the market withdrawal in the media for the purpose of personal publicity at the expense of other agencies).
GENERAL TERMS AND RESOLUTION DISPUTE
For everything not clearly determined by this General terms, The Law on Mediation in Real Estate, Law on Obligatory Relations and other law regulations will be applied.
General terms are being applied starting 10th of June 2016
Zagreb, June 10th 2016
Agram Real Estate, a limited liability company for trade and services of real estate, OIB: 26464078142, Martićeva 67, Zagreb.
The company is registered in the Commercial court in Zagreb under number MBS:080711323
Base capital is 20.000,00 kn and is paid in whole.