GENERAL TERMS AND CONDITIONS
These General terms and conditions govern the business relationship between the real estate agency - Angelus nekretnine d.o.o., za usluge, OIB: 09618765380, MBS: 080761594, as Broker and the Client (physical or legal person). By conclusion of the Brokerage contract, the Client acknowledges that he is familiar and agrees with the provisions of the terms and conditions of Angelus nekretnine d.o.o.
Mediation in real estate transfer consists of Agent actions related to connecting the client and 3rd party (buyer/lessee/tenant), negotiation and preparation for legal actions directed at specific real estate, especially during purchase, sales, rent, lease etc.
The offer of the real estate agency Angelus nekretnine d.o.o. is based on the data received in writing or orally by the Client. The Broker withholds the possibility of error in the description and price of the real estate which may arise due to incorrect information given by or changes in conditions and the possibility that the advertised real estate is already sold/rented or the owner withdrew from sale/rent, without notifying the agency in time on this matter.
II. Mediator’s obligations
Mediator is obliged during mediating for purchase contract, rent contract or contract on real estate lease to do the following:
1. Try to find physical or legal person to connect her with the Client in order to conduct mediating business.
2. Introduce the Client with the market price of a similar real estate.
3. Inspect identification and documents which prove ownership or other legal right concerning the real estate and warn the Client about the following.
4. Do necessary actions to present the real estate on the market, advertise the real estate properly and conduct all other actions agreed in the Contract which surpass regular presentation and for which the costs were presented to the Client in advance.
5. Enable overview of the real estates.
6. Mediate in negotiations and try to come to the outcome that is signing of a contract, if this was his primary obligation.
7. Keep Clients personal data and by written order, consider all information regarding the real estate in question and all related to it information as a secret.
8. If the subject to conclusion of the contract is a land, to check purpose of the land in question in accordance with zoning regulations.
9. Notify the Client on all circumstances important for intended business, that are or should be known to him.
III. Client’s obligations
By making a Contract with the Mediator, Client is obliged to the following:
1. To notify the Mediator on all circumstances important to mediate and give correct information about the real estate and if the Client owns it, give the Mediator location permit, building permit or usage permit for review, for the real estate in question and also give the Mediator evidence of completing obligations towards the 3rd party.
2. Give the Mediator access to identification proving his ownership of the real estate or other legal rights on the real estate in question and warn the Mediator on all registered and unregistered impositions which exist on the real estate.
3. Insure real estate sightseeing for the Mediator and interested 3rd party.
4. Notify the Mediator on all relevant information regarding real estate in question which specifically includes real estate description and price.
5. Pay the Mediators Fee with the time of making preliminary contract or Contract.
6. Compensate the Mediator for all the costs made during mediating and that surpass the usual costs of mediating.
7. Notify the Mediator in written way regarding all changes related to business for which he authorized the Mediator and especially about the changes related to the ownership of the real estate.
Client will be held responsible for the damage if his approach wasn’t in good faith and is obliged to compensate all expenses occurred during mediating, which cannot be higher than agreed upon Fee.
Client will be held responsible for the damage if he acted fraudulently, if he withheld or gave incorrect information which are crucial for mediating business aimed at concluding a deal.
IV. Obligations of the Mediator towards the Client – Buyer/ lessee/tenant:
1. to try to find the adequate real estate for the Client, to show him the same and to introduce him to the owner interested in negotiations on closing the contract (Agreement for exchange, leese or alike);
2. to provide the Buyer the proof of ownership over the real estate subject of sale/rent;
3. to organize the verification of owner and clients signatures by a public notary;
4. If it's necessery to be present upon the payment of the purchase price and real estate handover, on which occasion a handover protocol is drawn up;
5. if the Client authorizes the Mediator to do so, the Agency will:
• submit request for tax refund at the Tax Administration;
• edit and submit all the documentation required for the transfer of overhead expenses from the Seller to the Buyer;
• submit, on behalf of the Buyer, a proposal for registration of ownership over the purchased real estate at the Land Registry of the competent Municipal Court.
The brokerage activities will be considered as done also in case if the pre-contract or contract is closed with the owner and client’s family members or with a company in which the client has certain influence.
V. Agency fee
The Mediator is entitled to an agency fee - commission in full at the time of the conclusion of brokered matter (by signing a pre-contract or contract) on the basis of which the Client is obligated to conclude the brokered legal activity. The commission is paid to the Agency at the same time or immediately after the conclusion of the legal activity for which the Agency performed the brokerage.
Legal activity is considered concluded when the Client and third party agree on contract subject and price, that is, in the moment of closing the contract, pre-contract and/or payment of the down payment for the transaction was mediated. According to these conditions, the brokered legal activity is also considered the case when a Client closes a contract, pre-contract and/or pays the down payment with third party, who was introduced to him by the Agency, for real estate owned by third parties or his family members although the same are not expressly stated in the Brokerage contract.
The brokerage commission includes all costs that the Angelus nekretnine d.o.o. had during the brokerage. This does not apply to costs for activities incurred in case if the Agency agreed with the Client to perform other services related to the legal activity subject of brokerage which are not included in the normal brokerage activities.
PURCHASE - SALE
The commission is charged in percentages from the total agreed amount of the purchase-sale price + VAT
The Fee is determined by the Contract and cannot surpass 6% of real estate purchase price, apropos, in case of making a contract for rent or lease, the amount of one month’s rent or lease unless the lease or rent contract is conducted for a period of 60 months (5 years) or longer, in which case mediators Fee is minimum 150% of one month’s rent or lease.
Agreed mediators Fee includes execution of all agreed actions by the Mediator, as stated in Article II of General terms.
In case of actions not included in Article II, based on Clients request, sum for one mediating hour is 350,00 kn (by letters: three hundred and fifty kunas).
In case of actions not included in Article II, based on Clients request, besides the mediating hours, the Client needs to compensate the Mediator for the actual costs that occurred during those hours.
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.
ANGELUS NEKRETNINE d.o.o., january/2016