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GENERAL TERMS AND CONDITIONS

Pursuant to the provisions of the Real Estate Brokerage Act (NN 107/07)

 

 EURODOM REAL ESTATE, owner Branimir Jelic, Lug Zabočki 71G, 49210 Zabok brings:

 

GENERAL BUSINESS CONDITIONS

 

  • GENERAL PROVISIONS

The general terms and conditions of business explaines the business relationship between the real estate brokerage agency and the principal ( natural or legal person). By concluding the Mediation Agreement, the principal confirms that he is aware of and agrees with the provisions of these terms of business.

 

  • REAL ESTATE OFFER

– The real estate offer is based on data received by the agency in writing, orally or electronically, and is subject to confirmation. The agency retains the possibility of confusion, error in the description and price of the property, the possibility that the advertised property has already been sold ( or rented) or the owner has given up selling ( or renting ).

– Tenders and notifications of the agency must be kept by the recipient ( the principal) as a business secret and may only be transferred to third parties with the written approval of the agency. If the recipient of the offer is already familiar with the real estate offered to him by the agency, he is obliged to inform the agency without delay. 

 

  • OBLIGATIONS OF THE BUSINESS AGENCY BY THE BUSINESS FOREIGN, SALES, TAPE AND RENT OF REAL ESTATE
  1. conclude a Mediation Agreement with the principal in writing; 
  2. endeavor to find and bring a person into contact with the principal for the purpose of concluding a mediated job;
  3. introduce the principal to the average market price of a similar property;
  4. inspect documents proving ownership or other real right to the property in question;
  5. if the subject of the conclusion of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial regulation relating to that land;
  6. perform the necessary actions to present ( presentation of ) real estate on the market, advertise the property in an appropriate manner and perform all other actions agreed in the contract of brokerage in real estate that exceed the usual presentation, and for which he is entitled to special, pre-expressed costs;
  7. enable real estate overview ( organization and management);
  8. keep the personal data of the principal, and by written order of the principal, keep as a trade secret the data of the property for which he mediates or in connection with that property or with the business for which he mediates; 
  9. mediate in the negotiations and endeavor to conclude the contract, if he has made a special commitment to it;

11th.The intermediary is considered to have enabled the principal to liaise with another person ( physical or legal ) on negotiating to enter into a mediated job, if the principal is allowed to enter into a relationship with another person with whom he has negotiated a legal deal, and in particular if:  

– directly taken or instructed the principal or a third party to tour the property in question,

– organized a meeting between the principal and the other contracting person in order to negotiate the conclusion of a legal deal; 

– communicated to the principal the name, telephone number, e-mail of another person authorized to enter into a legal deal or communicated to him the exact location of the requested property.

 

  • LIABILITIES 
  1. conclude a Mediation Agreement with the Agency, in writing;
  2. inform the intermediary of all circumstances relevant to the mediation and present accurate information about the property and if he has given the intermediary an insight into the location, construction, ie the use permit for the property that is the subject of the contract and to provide the intermediary with evidence of compliance with the obligations towards the third party;
  3. to give the intermediary an insight into the documents proving his ownership of the property, that is, another real right to the property that is the subject of the contract and to warn the intermediary of all registered and unregistered encumbrances that exist on the property;
  4. provide the intermediary and a third party interested in concluding the mediated work of sightseeing the property accompanied by an intermediary;
  5. inform the intermediary of all relevant information on the requested property, which includes in particular a description of the property and the price;
  6. pay the agency a fee at the time of receipt of the first payment on the basis of the mediated real work, whether it is a Pre-Treaty, a Contract or another similar legal document of the Contracting Parties;
  7. if it is expressly agreed to reimburse the intermediary for expenses incurred during mediation in excess of the usual mediation costs;
  8. notify the intermediary in writing of any changes related to the work for which he has authorized the intermediary, and in particular of changes related to property ownership;

9th. The principal is not obliged to enter into negotiations for the conclusion of a mediated deal with a third person found by the intermediary, nor to enter into a legal deal, and the provision of a contract by which it was contracted differently is null and void. The principal will be liable for damages if he has not acted in good faith and is obliged to reimburse all costs incurred during the mediation, which may not be less than 1/3 nor greater than the contracted intermediary fee for the mediated work.

 

  •  RESOLVING RIGHTS ON FEES

– The Agency acquires the right to compensation ( commission) in full at the time of the conclusion of the mediated work, ie by signing the Prerequisite, Agreement or other similar legal document by which the principal undertook to conclude the mediated legal work, unless the parties otherwise agree to the Mediation Agreement.

– The right to compensation of agencies is acquired at the time of the first payment made on the basis of mediated legal work, whether it is a Prerequisite, a Contract or another similar legal document of the contracting parties, unless the parties otherwise agree to the Mediation Agreement. 

– The amount of brokerage commissions for mediation during the purchase / sale, replacement, lease and rental / rental of real estate is freely determined by the Intermediation Agreement. The minimum commission for the purchase / sale of 1000 euros is determined + VAT, the highest 6% + VAT, and for rent / rental the minimum 100 euros + VAT, and the highest 100% of the rental amount+ VAT, regardless of the length of the agreed rental duration. 

– The Agency may contract the right to reimbursement of costs necessary for the execution of the order and request that funds for certain expenses for expenses up to 1000 euros + VAT be charged in advance. 

– The principal is obliged to pay the fee and when with the person with whom the agency brought him into contact, he concluded a legal deal different from the one for which he mediated, which is of the same value as the legal work, ie which achieves the same purpose as mediated legal work.

– The Agency is entitled to compensation from the principal if within 2 years from the date of expiration of the intermediary contract, the mediated legal work is performed by him personally or by a person associated with the principal or a member of her family ( blood/marriage/extramarital/tasbin ) or business.

 

  • TREATY TERMINATION 

– The mediation agreement is concluded for a certain period, which the client and the intermediary contract. If the Contracting Parties do not contract the deadline for which they enter into a mediation agreement, it shall be deemed to have been concluded for a specified period of 12 months and may be extended several times. In the event that the contracted parties continue the normal business communication related to the case and after the expiration of the mediation agreement, the contract shall be deemed to have been extended for an additional period of one year. 

– The parties may withdraw from the real estate brokerage contract before the expiration of the agreed deadline only for a particularly justified reason. In that case, the principal is obliged to reimburse the agency for the costs incurred.

– When signing the exclusive contract, the detailed conditions are regulated by the Agreement on Exclusive Mediation.

 

GENERAL BUSINESS CONDITIONS ARE REGULATED BY THE LAW ON INDICATION IN THE TRAFFIC OF REAL ESTATE

NN no. 107/07 and LAW ON AMENDMENTS AND SUPPLEMENTS NN no. 144/12, 14/14 and 32/19.