Article 1

 

The general terms and conditions of real estate brokerage business (hereinafter: General Terms)  regulate the business relationship between the real estate brokerage agency (hereinafter: Broker) and a natural or legal person (hereinafter to the text the principal) who concludes an agreement on mediation with the mediator. 
The general conditions are an integral part of the mediation contract concluded between the mediator and the principal. 

 

Article 2 

 

Certain terms and names in terms of these General Conditions have the following meaning: 

Real estate agent - agency for mediation and real estate transactionsKOCHO POPOVSKI jdoo, Ruđera Boškovića 6A, Makarska 

• A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker (hereinafter: Agent).

• Real estate brokerage is the activities of real estate brokers that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.

• Principal is a natural or legal person who enters into a written mediation agreement with a Real Estate Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions - hereinafter: Principal).

• A third party is a person whom the real estate broker tries to connect with the principal in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter: Third Party).

• Real estates are particles of the earth's surface, together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions of the general regulation on ownership and other real rights.

 

 

REAL ESTATE OFFER 

 

Article 3. 

 

The Intermediary's offer is based on information received in writing and/or verbally from the owners of properties offered for sale, lease or rent, as well as information contained in written and/or verbal orders of the Principal. 
The client acknowledges that there is a possibility of an error in the description and price of the real estate, as well as the possibility that the advertised real estate has already been sold, rented, or the owner of the real estate has given up on the sale, and that the broker does not bear any responsibility for such cases.
Offers and notifications must be kept by the Principal as a business secret and may only be transferred to a third party with the written approval of the intermediary.
If the recipient of the mediator's offer is already familiar with the real estate offered to him, he is obliged to inform the mediator without delay in writing, via electronic mail (e-mail), fax or registered letter.

 

 

MEDIATION AGREEMENT 
 
Article 4. 

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With the mediation agreement, the mediator is obliged to put a person in contact with the principal who would negotiate with him on concluding the contract, and the principal undertakes to pay him a certain commission, if the contract is concluded. 
The mediation agreement (hereinafter: mediation agreement) 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 contract on mediation is not signed, the principal is not obliged to pay the mediator compensation, unless the mediator proves in some other way that he acted as mediator during the conclusion of the legal transaction.

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TERMINATION OF MEDIATION AGREEMENT 
 
Article 5. 

 

A contract on mediation concluded for a certain period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or with the cancellation of any of the contracting parties. 
The Principal is obliged to compensate the Intermediary for the expenses for which it was otherwise expressly agreed that the Principal would pay them separately. 
If, within 12 months after the termination of the concluded Agreement, the Principal concludes a legal transaction that is a consequence of the Intermediary's actions before the termination of the Mediation Agreement, he is obliged to pay the Intermediary the Fee in full. 
 
When the contract on mediation in real estate transactions has expired, and the mediated deal has not been concluded, the contracting parties have no claims against each other. 

 

 

INTERMEDIARY SERVICE 
 
Article 6. 

 

It is considered that the Intermediary has performed an intermediary service if it has provided the Principal with a connection with a third party (physical and/or legal) for the purpose of negotiating the conclusion of a legal transaction, and especially if: 
 

1. directly took and/or directed a third person (physical and/or legal) to the Principal for viewing the property that is the subject of mediation

2. organized a meeting between the Principal and a third party to negotiate the conclusion of a legal deal 

3. Inform the principal of the name, and/or phone number (landline or mobile), and/or fax number, and/or e-mail of the person authorized to negotiate and/or conclude a legal transaction and/or the exact address of a third party interested in concluding a legal transaction_cc781905- 5cde-3194-bb3b-136bad5cf58d_

4. enabled the Principal to contact a third party in any other way that leaves no doubt as to the identification of the authorized person for negotiation and/or concluding a legal transaction 

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INTERMEDIARY FEE 
 
Article 7. 

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The mediator is entitled to a mediation fee (commission) in the amount of a percentage in accordance with the Agency's price list. (hereinafter: fee). The mediator is obliged to charge a fee for his work in the amount determined by the mediation agreement. The mediator acquires the right to mediation compensation in full, immediately after the conclusion of the first legal act concluded by the contracting parties.  

 

Article 8. 

 

If the Principal refuses to enter into a legal transaction during the conclusion of the mediated transaction, he is obliged to pay the Intermediary the real costs incurred during the mediation, i.e. pay the Intermediary the costs of time spent, advertising and other effectively incurred costs. 

 

Article 9. 

 

The client is obliged to pay the Mediator a mediation fee in the case when the Mediator concludes a legal transaction with the person with whom he brought it into contact, which is different from the mediated one, and which is of the same value as the legal transaction, i.e. which achieves the same purpose as the mediated legal transaction._cc781905- 5cde-3194-bb3b-136bad5cf58d_

 

Article 10. 

The intermediary has the right to compensation if he is a spouse, or common-law partner, descendant or parent of the Principal; i.e. a trading company, institution or other legal entity that is the Principal, his spouse or common-law partner, descendant or parent, founder or responsible person, or with whom he has concluded an employment contract or a work contract, concludes a mediated legal transaction with the person with whom the Intermediary Brought the client into connection 
 

Article 11. 

The mediator has the right to mediation compensation even if it is not expressly agreed in the mediation contract. The amount of the fee is determined by the intermediary tariff. 

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CONTRACTUAL PENALTY

 

Article 12. 

The parties to the contract determine the right of the Intermediary to a contractual penalty in the amount of 5% (five percent) of the agreed purchase price that the Principal, as a seller or buyer, contracts with a buyer or seller with whom he entered into a relationship through the activity of the Intermediary and with whom, after establishing the relationship, he independently, excluding and/or bypassing the Intermediary, entered into a legal transaction of purchase and sale, and did not pay the agreed fee to the Intermediary.
In the event that the Intermediary presents the Principal with a valid written offer, and the Principal rejects it, the latter is obliged to compensate the Intermediary for the work costs incurred by the latter in order to obtain and obtain the said offer. Also, in the event that the Principal rejects a valid written offer, the Principal is obliged to compensate the Intermediary for damages, in accordance with Art. 23, paragraph 2 of the Act on Real Estate Brokerage, and by signing this Agreement, a contractual penalty in the amount of 50% of the Contract Commission is agreed upon, which the Principal is obliged to pay to the Broker if he rejects a Valid written offer. The Principal is obliged to pay the contractual penalty to the Intermediary within 15 days from the written request for payment by the Intermediary.

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EXCLUSIVE MEDIATION 
 
Article 13. 

In the contract, the Principal can undertake not to engage any other intermediary for the mediated work (exclusive mediation), which obligation must be expressly agreed upon. 
If, during the duration of the Agreement on exclusive mediation, the Principal concluded a legal transaction through another intermediary, through the Intermediary, and for which the exclusive Intermediary was given an order for mediation, he is obliged to pay the exclusive Intermediary the agreed Fee as well as possible additional real costs incurred during the mediation for the said mediated job. 
 
When concluding a contract on exclusive mediation, the Intermediary is obliged to specifically warn the Principal about the meaning and legal consequences of the contractual clause from the previous paragraph. 
 
A contract on exclusive mediation concluded for a certain period ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or with the cancellation of any of the contracting parties. 
 
In the event of the termination of the Agreement on exclusive mediation for the reasons indicated in the previous paragraph, the Principal is obliged to compensate the Intermediary for the costs for which it was otherwise expressly agreed that the Principal would pay them separately. 
 
If, within 12 months after the termination of the concluded Agreement on Exclusive Mediation, the Principal concludes a legal transaction that is a consequence of the Mediator's actions before the termination of the Agreement on Exclusive Mediation, he is obliged to pay the Fee to the Mediator in full 

 

Article 14. 

If the party itself offers the mediator compensation that is higher than the agreed upon, the mediator may receive such a reward, but on the condition that it is not clearly disproportionate to his services, the outcome of his work and the financial condition of the party. 

 

Article 15. 

The intermediary can contract the right to reimbursement of expenses necessary for the execution of the order and request that funds be advanced to her for certain expenditures for expenses. 

 

Article 16. 

In the case of mediation, in which the ordering party found an interested person on its own or through a third party, the mediator may, in accordance with his conscience, charge the actual costs incurred in connection with the business in question. 

 

 

INTERMEDIARY OBLIGATIONS 
 
Article 17. 

By signing the contract on mediation in real estate transactions, the mediator undertakes to perform the following in particular: 

1. to try to find and connect with the client a person in order to conclude the mediated business, 

2. inform the client of the average market price of a similar property, 

3. inspect the documents that prove 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, registered real rights or other rights of third parties to the real estate,_cc781905-5cde-3194-bb3b- 136bad5cf58d_

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 in the contract on mediation in real estate transactions that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,_cc781905- 5cde-3194-bb3b-136bad5cf58d_

5. enable viewing of properties, 

6. mediate in negotiations and try to conclude a contract, 

7. keep the client's personal data, and by the client's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the work he is mediating for, 

8. if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable 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. 

 
Article 18. 

The mediator is obliged to keep as a business secret all the information he learns while performing mediation activities, which relate to the client, the real estate for which he is mediating, or are related to that real estate or to the business he is mediating for or which he concludes on the basis of a special authority._cc781905-5cde- 3194-bb3b-136bad5cf58d_
It is not considered a violation of the duty to keep business secrets if, for the sake of protection, the mediator discloses the information to persons with whom he tries to bring the client into contact, and this was absolutely necessary for the mediator to fulfill his obligation from the mediation contract concluded with the client._cc781905-5cde- 3194-bb3b-136bad5cf58d_

 

 

OBLIGATIONS OF THE PRINCIPAL 
 
Article 19. 

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. only if it is expressly agreed to compensate the mediator for costs incurred during the mediation, which exceed the normal mediation costs, 

6. inform the intermediary in writing about all changes related to the work for which he has authorized the intermediary. 

7. the principal is not obliged to enter into negotiations for the conclusion of the mediated deal with a third party found by the mediator, nor to conclude a legal deal, and the provision of the contract which stipulates otherwise is null and void. The principal will be liable for damages if he did not act in good faith. 

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LIABILITY FOR DAMAGE 
 
Article 20. 

 

If he violates the obligation to keep a business secret, the Intermediary is obliged to pay the injured persons the damage they suffered due to the disclosure or non-keeping of the business secret. 
It is not considered a violation of the duty to keep a business secret, if the Mediator discloses the information to persons with whom he tries to bring the Client into contact, and this was absolutely necessary for the Mediator to fulfill his obligation from the Mediation Agreement concluded with the Client._cc781905-5cde- 3194-bb3b-136bad5cf58d_
 

Article 21. 

The principal is responsible for damages if he has acted fraudulently, if he has withheld and/or provided incorrect information essential for the mediation business. 
The client is responsible for damage even in case of intentional or grossly negligent behavior on his part, towards the Agency and/or a third person with whom the Agency brought him into contact. 
In the case referred to in paragraph 2 of this article, the Intermediary and the Principal agree on the obligation of the Principal to pay the Agency all costs incurred during the mediation, which cannot be greater than the intermediary fee for the mediated work.

 

 

PRICE LIST OF INTERMEDIARY SERVICES 
 

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 % (real estate purchase price of more than EUR 100,000)

• in the case of real estate whose purchase price is below EUR 100,000, a fixed brokerage commission in the amount of EUR 3,000 is calculated

SHOPPING

Brokerage commission when buying real estate (charged by the buyer)

• 2-3%, but not less than HRK 7,500.00

• in the case of real estate whose purchase price is below EUR 100,000, a fixed brokerage commission in the amount of EUR 3,000 is calculated

The commission is charged from the buyer if it has been agreed upon or the intermediary has received a written or oral order to demand the real estate 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
A percentage of the 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
A percentage of the 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 

Consulting services -1% of the total amount of the purchase price

Assessment of the market value of the property - HRK 2,000.00
 
Intermediary hourly rate; The price of the intermediary's hourly rate is HRK 250.00. 

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According to Article 90 Art. 2. According to the VAT Act, we are not in the VAT system.