GENERAL TERMS AND CONDITIONS
General Terms of Business Real Estate Agents (hereinafter Terms and Conditions) regulate the business relationship between the companies for real estate (hereinafter referred to as Mediator) and physical and / or legal persons (hereinafter referred to as the Principal), which with the Mediator enter into a contract on the Real Estate Agent.
Terms and conditions are an integral part of the Brokerage Agreement.
Certain terms and in terms of these General Terms and Conditions, the following definitions:
Real estate agents – Crafts for services Immo Dalmatia, vl.Ksenija Božikov from Murter Podvrtaje 4
Real estate agency are all actions Real estate agents concerning the connection of 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 surface, together with all that is permanently connected with the surface or below it in accordance with the provisions of the Law on Ownership and Other Proprietary Rights.
Bidder is a physical and / or legal person with the Mediator enters into a Brokerage Agreement (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
The third person is a person that real estate agents is trying to connect with the Principal to negotiate business contracts subject to which the particular property.
Our Fee is the amount that the Customer shall pay the mediator for mediation services.
Offer crafts Immo Dalmatia is based on data received in written and / or oral and / or electronically by the Principal.
Offer and / or information on real estate are considered to be confirmed by signing the Brokerage Agreement between the Principal and the Agent.
Crafts reserves the possibility of errors in the description and / or price of the property and the possibility that the property had already been sold and / or leased and / or the property owner withdrew from the sale of the property offered.
Craft is not responsible for errors referred to in paragraph 3 of this Article, except in the case of intentional errors and / or extremely reckless business trades.
Craft is not responsible for errors and / or extremely negligent behavior of the Customer.
Offers trades Customer shall keep confidential and only with the written approval of trades be transferred to a third party.
If the Principal is already familiar with the property that he was offered, must promptly notify the craft of it in writing (email, fax, letter, etc.)
REAL ESTATE PRICES
Real estate prices are stated in EUR and payable in Kunas.
THE BROKERAGE AGREEMENT
Mediation contract mediator agrees to correlate with the Principal third person to negotiate with him about a contract, and the Customer shall pay the mediator agency commission, if you enter into a contract for legal work.
The brokerage agreement shall be concluded between the Agent and the Principal. In the Brokerage Agreement shall be accurate, truthful and complete information about the property designated for the purposes of mediated business.
If not signed a Brokerage Agreement the Customer shall not be obliged to pay the mediator of the agency fee, provided that the mediator otherwise does not prove that intervened in the legal transaction.
If the property is co-owned by several persons, written consent is required (power of attorney) all co-owners or representatives of all the co-owners of property in the form of acceptance of the Brokerage Agreement.
OBLIGATIONS OF BROKERS
In order to achieve a Treaty obligation on mediation mediator undertakes especially perform the following:
7.1. look for an opportunity to conclude a mediated transaction between the Principal and third parties and in accordance with sound
7.2. try to find and connect with the Principal a third party to the legal transaction
7.3. mediate in negotiations and try to reach the legal transaction
7.4. Principal familiar to the average market price of similar real estate
7.5. warn the Principal with defects on the property and with the state of the market
7.6. inspect the documents proving ownership and / or other real rights on real estate and warn the Principal of the obvious shortcomings and possible risks due to improper land state property, registered property rights or other rights of third parties on the property
7.7. notify the Customer of any circumstances relevant for the intended business known to him or he must be known
7.8. Keep the personal information of the Customer and upon the written request of the Principal keep confidential information about the property for which mediates or in connection with the property or business for which mediates
7.9. advertise the property to the General Terms and Conditions agents doing the best possible presentation on the real estate market and conduct other activities that exceed the normal presentation in consultation with the Principal
7.10. mediate in the handover of the property
7.11. if the question be a land, check use the land in accordance with the applicable zoning regulations pertaining to the land
7.12. enable inspection of property to the Customer and third parties
7.13. in cooperation with the law firm prepare for the Principal of the preliminary contract, contract of sale, Tab statement, proposal for registration of title to real property by the competent Municipal Court, Land – Registry Department
OBLIGATIONS OF CUSTOMERS
By signing the Brokerage Agreement, the Customer shall in particular carry out the following:
8.1 notify the Agent of any circumstances which are important for the performance of services provided by the present accurate information about the property
8.2. Give the mediator to submit all the documents confirming the ownership of the property or other real rights on the property that is subject to mediation
8.3. alert agents to all registered and unregistered burdens on the property
8.4. If the property is co-owned by several persons shall require the consent of all co-owners or representatives of all the co-owners to sell the property and that in the form of acceptance of the intermediary contract
8.5. ensure the mediator or another party interested in the proposal the immediate review of the property
8.6. notify the Agent in writing of any changes related to the job for which the authorized agents
8.7. pay the mediator agency fee in full for its mediation services when selling real estate in the amount specified in the contract with the customer, immediately after the first legal act by the Principal entered into with a third party, which act is paid to the Principal amount for the down payment and / or parts and / or the total purchase price of the property
8.8. reimburse the mediator of the costs incurred during the mediation, which exceed the usual costs of mediation
It is believed that the mediator conducted the mediation service if the Customer has enabled connection with a third party (physical and / or legal) to negotiate on the conclusion of a legal transaction, especially if:
9.1. directly took and / or sent to the Customer a third person (physical and / or legal) to tour the property that is subject to mediation
9.2. organized a meeting between the Principal and third parties to negotiate on the conclusion of a legal transaction
9.3. Principal with the name, and / or phone number (fixed or mobile), and / or fax number and / or e-mail of the person authorized to negotiate and / or closing a deal and / or the exact address of a third person interested in closing a deal
9.4. enable the Customer contact with a third party in any other way that leaves no doubt as to the identification of the person authorized to negotiate and / or closing a deal
Mediation provision intermediation costs
Mediator for his work charge agency commission free.
Mediator for his work charge a fee from the Customer in the amount specified in the mediation.
The Agent is entitled to agency commission in the amount specified in the mediation immediately after the first legal act which the parties mutually signed (preliminary or final contract).
The fee includes the usual costs of mediation, except for costs that exceed the usual costs of mediation.
Mediator has the right and the costs incurred during the mediation, which costs exceed the usual costs of mediation.
The expenses that exceed the usual costs of mediation and the obligation to pay the same mediator will notify the Customer in writing.
It is believed that the Customer has agreed to the costs referred to in paragraph 5 of this Article, if any immediately upon receipt of the written notice is not contested.
Brokerage fees and expenses under Article 10 of the Principal shall pay to the account of the Agent within eight days of the invoice.
If the Customer withdraws from the legal transaction during the agency immediately obliged to pay the mediator reasonable costs incurred during mediation and the mediator pay the cost of time spent, advertising and other effective costs.
Customer shall pay the mediator, agency fee in the case where the person with whom it is in connection brought Mediator of juridical act different from the mediated, which is the same value as the legal job or accomplishing the same purpose as the brokered legal business.
Customer shall pay the mediator an agency fee if the spouse or common-law spouse, descendant or parent of the Principal concludes an agreement with the person with whom the Agent brought into contact Principal.
The mediator is entitled to the advance of mediation fee if he agreed.
The mediator has the right to an agency fee in the event that it is not expressly agreed mediation contract.
The amount of compensation established by mediation tarif.
LIABILITY FOR DAMAGES
If violates the obligation of professional secrecy agent is required to pay the injured parties the damage that they are due to disclosure of business secrets or FAILURE suffered.
It is not considered that violated the duty of professional secrecy, if information for the purpose of mediation Mediator detect persons with whom the Principal seeks to relate, and that it was necessary to Mediator fulfilled its obligation under the Brokerage Agreement concluded with the Customer.
The Customer is liable for damages if he has acted fraudulently, if withheld and / or providing incorrect information relevant for mediation.
The Customer is liable for damages in the event of deliberate or extremely reckless behavior on its part, the trades and / or a third party with which it is brought into contact Crafts.
In the case referred to in paragraph 2 of this Article, the mediator and the Customer shall agree on the obligation of the Customer to pay all costs incurred crafts during the mediation, which can not be greater than the brokerage fees mediated deal.
Mediation contract the Customer can commit to the mediated legal business will not hire any other intermediary (mediation only), that obligation must be expressly agreed.
If during the term of the Agreement on the sole mediation made by the principal mediator legal work through another agent, and for that legal work is the exclusive agent was given the order for mediation, the mediator shall pay the actual costs incurred during the mediation.
At the conclusion of the contract of exclusive brokerage intermediary is obliged to warn the Client on the meaning and legal consequences of these provisions.
CONTRACT DURATION AND TERMINATION OF CONTRACT
The brokerage agreement is concluded for a period of 3 (three) years and shall terminate upon the expiration of the period for which it was concluded, unless within that period is concluded the work for which it intervened.
The parties may terminate the Contract on mediation and before the expiry of the period for which the Agreement was concluded specially justified reasons and only in writing of any of the parties.
The notice period is 8 (eight) days of receipt of the cancellation.
The Customer shall reimburse the mediator incurred costs of mediation.
If a Brokerage Agreement terminates upon the expiration of the time, the parties have to each other any claim.
If the Principal I concludes a business transaction with a third person, shall, within eight (8) days in writing inform the Agent on the termination of the obligation of mediation or the termination of the mediation. The client in the case referred to in paragraph 5 and paragraph 6 of this Article shall be paid by the mediator for mediation costs and otherwise was agreed to be paid by the Bidder.
Customer shall acknowledge the mediation after the termination of the mediation if the contact with the third party has been made over the life of the Brokerage Agreement.
If the Customer enters into a real job in a period not longer than the duration of the mediation contract after the termination of this Agreement, and that legal work is mostly a consequence of Posrednikovog action is required to pay the mediating commission in its entirety.
Relations between the Agent and the Principal and third parties concerned, which are not regulated by these General Conditions or mediating contract, the provisions of the Law on Real Estate Brokerage Act and the Obligations of Croatia.
For litigation is determined by the jurisdiction of the Municipal Court in Sibenik.
Murter, March 24th 2014
Immo Dalmatia, craft services