Article 1.
The General Terms and Conditions of Real Estate Agency (hereinafter referred to as the "General Terms and Conditions") regulates the business relationship between a real estate agency (hereinafter: the Mediator) and a customer (hereinafter referred to as the customer)
The general terms and conditions are an integral part of the brokerage contract concluded between the broker and the Customer
Article 2.
Some terms and names in terms of these General Terms have the following meaning:
Real Estate Broker - Real Estate Brokerage Agency ROYAL EXCLUSIVE J.D.O.O., Brig 57, 51000 Rijeka
Real estate brokerage is a real estate agent involved in the relationship between the customer and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are subject to a particular property, especially when purchasing, selling, replacing, leasing etc.
Property is a particle of land, together with everything that is permanently connected to the ground or below it, in accordance with the provisions of the general property and other real property law.
The contractor is a natural or legal person who concludes mediation contract (seller, buyer, leaseholder, leaseholder, lessor, lessee and other possible real estate agents) with a real estate broker.
The third person is the person who real estate agent is trying to connect with the orderer in order to negotiate the conclusion of legal affairs for which the property is subject.
Mediation fee is the amount that the subscriber has to pay to the broker for brokerage services
REAL ESTATE OFFERS
Article 3
Our offer is based on the information we receive by written and oral directions from the customer. There is a possibility of error in the description and the price of the property and the possibility that the advertised property is already sold, leased or the owner of the property has given up the sale.
Our bidders and notices must be kept as a business secret and must only be handed over to our third party by our written consent.
If the recipient of our offer is already acquainted with the properties we have offered to him, he or she is obliged to notify us in writing, by e-mail, by fax or by registered letter without delay.
REAL ESTATE PRICE
Article 4
Real estate prices are expressed in Euros and in kuna equivalent.
AGREEMENT ON BUSINESS
Article 5
The mediation contract requires the mediator to link with the ordering person who would negotiate with him on the conclusion of the contract, and the contractor undertakes to pay a specific commission if the contract is concluded.
The mediation contract (hereinafter referred to as the mediation contract) is concluded between the intermediary and the principal.
The brokerage agreement must be true, accurate and fully-marked key sales / purchase information.
Article 6
In the sale of real estate that is co-owned by more persons, written consent of all co-owners for the sale of real estate in the form of acceptance of the mediation contract is required.
AGENCY FEE
Article 7
The Agency fee can be maximum in the total amount of up to 6% (hereinafter: fee). The realtor/mediator is obliged to be paid from costumer in the amount specified in the brokerage contract for his / her work. The mediator is entitled to the mediation fee in full, immediately after the conclusion of the first legal act concluded by the contractual party (pre-contract or purchase contract).
Article 8
The intermediary fee paid by the buyer for the mediation service when buying a real estate is 3%. The 3% fee is half of the total commission, while the other half of the commission is 3% exclusive to the seller.
Article 9
If the party itself offers to the mediator a fee higher than the contractor, the intermediary may receive such a prize, but provided that it is not in obvious disproportion with its services, the outcome of its work and the property of the party.
Article 10
The mediator may stipulate the right to reimburse the costs necessary for the execution of the order and to request advance payment of funds for certain expenditure expenses.
Article 11
In the case of mediation, in which the party that the principal has found itself or through a third party has found the person concerned, the intermediary may, in accordance with his consensus, charge the actual costs incurred in connection with the business in question.
Article 12
It is considered that the broker provided the principal with a relationship with the other person on negotiation for the mediation of a job if the relationship with another person (physical or legal) with whom he negotiated for the conclusion of a legal transaction was enabled, and in particular:
- directly taken or sent by the ordering party or third person to a visit to the property in question;
- Organized the meeting between the ordering party and the other contractor for negotiation to conclude a legal transaction;
- he or she communicated to the principal the name, telephone number, fax number of the other person authorized to conclude a legal transaction or to communicate the correct
AGENCY/MEDIATOR OBLIGATION
Article 13
By signing a mediation contract on real estate transactions, the intermediary undertakes to carry out in particular the following:
- try to find and link with the ordering person for the purpose of concluding a mediated job,
meet the customer with the average market price of similar real estate,
- to inspect the documents proving ownership or other real property rights on the property in question and alert the customer to the obvious deficiencies and potential risks associated with the unreasonable land registry property, immovable property rights or other rights of third parties on the property,
- perform the necessary actions for the presentation of (real estate) presentations on the market, advertise the property properly and perform all other transactions agreed upon by the real estate brokerage agreement that exceeds the usual presentation, for which it has the right to special pre-stated costs,
- enable real estate review,
- mediate in negotiations and strive to conclude a contract,
- to keep the personal data of the ordering party and to keep as a business secret information on the real estate he / she mediates or in connection with the real estate or business he / she mediates,
- if the subject of the contract is land plot, check the purpose of the land in question in accordance with the applicable regulations on spatial planning relating to land,
- inform the customer of all the circumstances relevant to the intended business that is known to him or must be known to him.
Article 14
The real estate agent is obliged to keep as a business secret all the information he has learned by performing mediation work related to the principal, the property he mediates or in connection with that property or the business he mediates or which he or she makes on the basis of special powers.
It is not considered that the duty of confidentiality has been violated if the information for the protection of the intermediary is disclosed to the persons with whom the order is sought by the principal, and it was necessary for the intermediary to fulfill its obligation to mediate with the principal.
COMPULSORY OBLIGATIONS
Article 15
By signing a real estate brokerage contract, the principal undertakes to do the following in particular:
- notify the agent of any circumstances relevant to the provision of brokerage services and furnish accurate information on the property,
- to provide the intermediary with all the documents proving his ownership of the real estate, that is another real right on the property subject to the contract,
- to provide a mediator and a third person interested in concluding a mediated business survey of real estate,
-upon the conclusion of a mediated legal transaction, or a pre-merger committed to conclude a mediated legal transaction, pay to the intermediary a brokerage fee, unless otherwise agreed,
-only if it is expressly agreed to compensate the agent for the costs incurred during the mediation, which exceed the usual mediation costs,
- to notify the intermediary in writing of all the work related changes authorized by the mediator.
- the principal is not obliged to enter into negotiations for the conclusion of a mediated contract with a third party that the mediator has found, nor to conclude a legal transaction, and the provision of the contract which is otherwise agreed is void. The contractor will be liable for damages if he or she did not act in good faith.
General Terms and Conditions
Article 1.
The General Terms and Conditions of Real Estate Agency (hereinafter referred to as the "General Terms and Conditions") regulates the business relationship between a real estate agency (hereinafter: the Mediator) and a customer (hereinafter referred to as the customer)
The general terms and conditions are an integral part of the brokerage contract concluded between the broker and the Customer
Article 2.
Some terms and names in terms of these General Terms have the following meaning:
Real Estate Broker - Real Estate Brokerage Agency ROYAL EXCLUSIVE J.D.O.O., Brig 57, 51000 Rijeka
Real estate brokerage is a real estate agent involved in the relationship between the customer and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are subject to a particular property, especially when purchasing, selling, replacing, leasing etc.
Property is a particle of land, together with everything that is permanently connected to the ground or below it, in accordance with the provisions of the general property and other real property law.
The contractor is a natural or legal person who concludes mediation contract (seller, buyer, leaseholder, leaseholder, lessor, lessee and other possible real estate agents) with a real estate broker.
The third person is the person who real estate agent is trying to connect with the orderer in order to negotiate the conclusion of legal affairs for which the property is subject.
Mediation fee is the amount that the subscriber has to pay to the broker for brokerage services
REAL ESTATE OFFERS
Article 3
Our offer is based on the information we receive by written and oral directions from the customer. There is a possibility of error in the description and the price of the property and the possibility that the advertised property is already sold, leased or the owner of the property has given up the sale.
Our bidders and notices must be kept as a business secret and must only be handed over to our third party by our written consent.
If the recipient of our offer is already acquainted with the properties we have offered to him, he or she is obliged to notify us in writing, by e-mail, by fax or by registered letter without delay.
REAL ESTATE PRICE
Article 4
Real estate prices are expressed in Euros and in kuna equivalent.
AGREEMENT ON BUSINESS
Article 5
The mediation contract requires the mediator to link with the ordering person who would negotiate with him on the conclusion of the contract, and the contractor undertakes to pay a specific commission if the contract is concluded.
The mediation contract (hereinafter referred to as the mediation contract) is concluded between the intermediary and the principal.
The brokerage agreement must be true, accurate and fully-marked key sales / purchase information.
Article 6
In the sale of real estate that is co-owned by more persons, written consent of all co-owners for the sale of real estate in the form of acceptance of the mediation contract is required.
AGENCY FEE
Article 7
The Agency fee can be maximum in the total amount of up to 6% (hereinafter: fee). The realtor/mediator is obliged to be paid from costumer in the amount specified in the brokerage contract for his / her work. The mediator is entitled to the mediation fee in full, immediately after the conclusion of the first legal act concluded by the contractual party (pre-contract or purchase contract).
Article 8
The intermediary fee paid by the buyer for the mediation service when buying a real estate is 3%. The 3% fee is half of the total commission, while the other half of the commission is 3% exclusive to the seller.
Article 9
If the party itself offers to the mediator a fee higher than the contractor, the intermediary may receive such a prize, but provided that it is not in obvious disproportion with its services, the outcome of its work and the property of the party.
Article 10
The mediator may stipulate the right to reimburse the costs necessary for the execution of the order and to request advance payment of funds for certain expenditure expenses.
Article 11
In the case of mediation, in which the party that the principal has found itself or through a third party has found the person concerned, the intermediary may, in accordance with his consensus, charge the actual costs incurred in connection with the business in question.
Article 12
It is considered that the broker provided the principal with a relationship with the other person on negotiation for the mediation of a job if the relationship with another person (physical or legal) with whom he negotiated for the conclusion of a legal transaction was enabled, and in particular:
- directly taken or sent by the ordering party or third person to a visit to the property in question;
- Organized the meeting between the ordering party and the other contractor for negotiation to conclude a legal transaction;
- he or she communicated to the principal the name, telephone number, fax number of the other person authorized to conclude a legal transaction or to communicate the correct
AGENCY/MEDIATOR OBLIGATION
Article 13
By signing a mediation contract on real estate transactions, the intermediary undertakes to carry out in particular the following:
- try to find and link with the ordering person for the purpose of concluding a mediated job,
meet the customer with the average market price of similar real estate,
- to inspect the documents proving ownership or other real property rights on the property in question and alert the customer to the obvious deficiencies and potential risks associated with the unreasonable land registry property, immovable property rights or other rights of third parties on the property,
- perform the necessary actions for the presentation of (real estate) presentations on the market, advertise the property properly and perform all other transactions agreed upon by the real estate brokerage agreement that exceeds the usual presentation, for which it has the right to special pre-stated costs,
- enable real estate review,
- mediate in negotiations and strive to conclude a contract,
- to keep the personal data of the ordering party and to keep as a business secret information on the real estate he / she mediates or in connection with the real estate or business he / she mediates,
- if the subject of the contract is land plot, check the purpose of the land in question in accordance with the applicable regulations on spatial planning relating to land,
- inform the customer of all the circumstances relevant to the intended business that is known to him or must be known to him.
Article 14
The real estate agent is obliged to keep as a business secret all the information he has learned by performing mediation work related to the principal, the property he mediates or in connection with that property or the business he mediates or which he or she makes on the basis of special powers.
It is not considered that the duty of confidentiality has been violated if the information for the protection of the intermediary is disclosed to the persons with whom the order is sought by the principal, and it was necessary for the intermediary to fulfill its obligation to mediate with the principal.
COMPULSORY OBLIGATIONS
Article 15
By signing a real estate brokerage contract, the principal undertakes to do the following in particular:
- notify the agent of any circumstances relevant to the provision of brokerage services and furnish accurate information on the property,
- to provide the intermediary with all the documents proving his ownership of the real estate, that is another real right on the property subject to the contract,
- to provide a mediator and a third person interested in concluding a mediated business survey of real estate,
-upon the conclusion of a mediated legal transaction, or a pre-merger committed to conclude a mediated legal transaction, pay to the intermediary a brokerage fee, unless otherwise agreed,
-only if it is expressly agreed to compensate the agent for the costs incurred during the mediation, which exceed the usual mediation costs,
- to notify the intermediary in writing of all the work related changes authorized by the mediator.
- the principal is not obliged to enter into negotiations for the conclusion of a mediated contract with a third party that the mediator has found, nor to conclude a legal transaction, and the provision of the contract which is otherwise agreed is void. The contractor will be liable for damages if he or she did not act in good faith.
