Terms and Conditions
In accordance with the provisions of the Law on Intermediation in Real Estate (NN 107/2007) the company Samobor nekretnine d.o.o. (hereinafter referred to as: the Agent) sets the following:
General Terms and Conditions
The Agent’s offer is based on data received in writing or orally by the owners of properties offered for sale or on information received by a written or verbal order of the purchaser (the Client).
The Agent is liable neither for possible mistakes in entering the data on real estate nor for the prior sale or withdrawal by the owner of the property. For inaccurate information the Agent is liable only in case of his deliberate or extremely reckless behavior.
Offers and information delivered by Agent, the recipient (Client) must keep as confidential and cannot, without the Agent’s written approval, disclose them to any third party who, by accepting the offer or notice also accepts these General Terms and Conditions.
2. Obligations of the Agent
• to conclude the brokerage contract with the Client,
• to try to find and introduce the Client to the person for conclusion of intermediated business,
• familiarize the Client with an average market price of similar property on the market,
• inspect the title deed or other proprietary rights over the subject property,
• alert the Client to the obvious disadvantages and potential risks related to the unclear status of the property in the land registry, to the listed proprietary rights or other rights of third parties on the property, the legal consequences of failure to meet obligations towards a third party, lacking or incomplete building and use permit in accordance with the special law, the cases of obligatory use of pre-emption right and limitations in the legal system according to the special regulations,
• perform the necessary actions for the presentation of the real estate on the market, advertise the property in an appropriate manner, and perform all other actions agreed upon the brokerage contract in real estate business that exceed the usual presentation and for which the Agent is entitled to a special, pre-agreed fee,
• provide an overview of real estate (organization and management),
• intermediate in the negotiations and try to come to the conclusion of the contract, if the Agent promised specifically to do so,
• keep personal information of the Client and, according to the Client’s written order, keep as business secret all the information about the intermediated property related to that property or intermediated business.
• if the subject of the contract is land, to check the intended use of the land, according to the regulations on spatial planning related to land,
• inform the Client of all the circumstances relevant for intermediated business which he knows or should know.
It is considered that the Agent has introduced the Client with the third party (physical or legal) with whom he negotiated conclusion of a contract, especially if he:
• immediately took or sent the Client to visit the property,
• organized a meeting between the Client and third-party concerning the negotiations for conclusion of a contract,
• gave the Client the name, telephone number, fax number or e-mail address of any third party authorized to conclude a legal business or informed him on the exact location of the requested property.
3. Obligations of Client
• conclude a brokerage contract with the Agent,
• provide the Agent with all the documents confirming the ownership of the property or the right to property which is the subject of intermediation business,
• notify the Agent on all relevant data, which particularly includes a description of the property and price,
• provide the Agent and the person interested in conclusion of intermediated business visit to the property, accompanied by the Agent or the person authorized by the Agent,
• immediately after the conclusion of the intermediated business or preliminary contract which obligates the Client to conclude a legal business, pay the agreed fee to the Agent,
• reimburse the Agent for expenses incurred during brokerage, which exceed the usual brokerage expenses,
• notify the Agent in writing on any changes related to the business he authorized the Agent for and, in particular, on changes associated with the ownership of the property.
The Client is liable for damage if he acted fraudulently, if he failed or gave incorrect information relevant to the brokerage activities with intention to end the intermediation procedure. The Client is liable for damages in the event of his deliberate or extremely reckless conduct, towards the Agent or third contracting party introduced by the Agent. If this is the case, the parties agree that the Client shall pay to Agent the expenses incurred during the intermediation procedure, which cannot be larger than the mediation fee (commission) for the intermediated business.
4. Exercising the right to brokerage fee
The Agent is entitled to the brokerage fee in full at the time of the conclusion of the intermediated business (by signing a preliminary contract) by which the Client is obliged to conclude the intermediated legal business. The fee shall be paid to the Agent at the same time or immediately after the conclusion of the legal business for which he has intermediated, that is, after the signing of preliminary contract by both contracting parties.
If the Client withdraws during the conclusion of the intermediation procedure (after the Agent submitted him an acceptable offer) the Client shall pay the agreed amount of the brokerage fee - commission.
The Client shall also pay the fee in case he concluded a legal business, different from the intermediated one, with a person pointed out and introduced by the Agent, if the concluded legal business achieves the same purpose as the intermediated one.
The Agent shall be entitled to the brokerage fee if the spouse or civil marriage spouse, descendant or parent of the Client concludes a legal business with the person introduced by the Agent.
The fee includes the usual brokerage expenses, except those specifically contracted.
The Agent has the right to advance of the brokerage fee only if the same was agreed.
5. The amounts of compensation
Brokerage fees (commissions) paid by the Client shall be expressed and calculated as a percentage of the agreed purchase/sale price, that is, of the agreed monthly rent (lease), calculated and paid with VAT.
Brokerage fee (commission) shall amount to1-3% of the agreed purchase/sale price of the real estate.
The amount of the fee (commission) shall be agreed depending on the value of the real estate and the complexity of the mediation procedure.
Brokerage fee (commission) shall amount to 2-5% of the purchase price of the real estate.
The amount of the fee (commission) shall be agreed depending on the value of the real estate and the complexity of the intermediation procedure.
5.3. Rent / Lease
Concerning the rent or lease agreement, the brokerage fee (commission) shall amount to 100% of one monthly rent - lease (for rent or lease period of 1-5 years). For shorter or longer periods the price is negotiated and agreed depending on the value and complexity of the intermediation procedure.
5.4. Brokerage hourly fee
The price of brokerage hourly fee shall amount to HRK 250.00 .
6. Termination of contract
The parties may terminate the brokerage contract in real estate business before the expiration date only for especially justified reason. The brokerage contract concluded for a definite period of time may be terminated before the expiration deadline only by written notice of either party. If the notice period is not specifically designated in brokerage contract, the notice period is 8 days from the receipt of the termination notice. In the event of termination of the contract before the expiration deadline, the Agent shall reimburse the expenses to the Client.
If, within one year from the termination of brokerage contract in real estate business, the Client has concluded the intermediated legal business with the person introduced by the Agent, the Client is obligated to pay the Agent a brokerage fee - commission in full.
When the brokerage contract in real estate business was terminated upon its expiry and the intermediated legal business was not concluded, the parties do not have right to any mutual claims.
7. General provisions and dispute resolution
To the relations between the Client and the Agent arising from brokerage contract, which are not governed by these General Terms and Conditions or brokerage contract, the provisions of the Act on Intermediation in real estate business and general provisions of the brokerage contract, shall be applied, as well as other provisions of the Civil obligations Act.
The conclusion and performance of this contract shall be govemed in all respects by the
law of the Republic of Croatia
In the event of a dispute the Parties shall first endeavour to resolve it between them and, if they should fail, either Party can bring the dispute exclusively before the Municipal Court in Samobor, without prejudice to the right of Samobor nekretnine d.o.o. to take measures of urgent nature as it sees fit before the Municipal Court in Samobor or before another competent court.
In Samobor, November 15th, 2007