Home General terms and conditions
Share

General terms and Conditions


Mediator: real estate agency "Plan A" from Zadar, Domovinskog rata 6.
Client: a natural or legal person who concludes a brokerage contract with a Real Estate Agent;

Mediation agreement: a document regulating the relations between the Principal and the Mediator. The mediator undertakes to take all measures in order to find and contact the client of the person in order to conclude the mediated deal. The principal, on the other hand, undertakes to pay a brokerage fee for the service performed;

The General Terms and Conditions are regulated by Article 18 of the Real Estate Brokerage Act (OG No. 107 of 19 October 2007).


GENERAL PROVISIONS

Article 1.
The General Terms and Conditions define the mutual rights and obligations of the Intermediary and the Principal who enter into a contractual relationship of real estate brokerage.

Article 2.
The General Terms and Conditions are an integral part of each brokerage contract concluded with the Client by the Intermediary.

Article 3.
If the parties, the Principal and the Intermediary, define the contractual relations differently than in the General Terms and Conditions, then the provisions of the contract apply.

OBLIGATIONS AND RIGHTS OF INTERMEDIARIES

Article 4.
The real estate brokerage contract obliges the broker to perform in particular the following:
  • try to find and bring in contact with the client a person for the purpose of concluding the mediated deal;
  • give an opinion on the market value of the real estate and acquaint the client with it;
  • to acquaint the client with the shortcomings of the real estate;
  • perform control of documents necessary for the validity of the mediated work;
  • inspect the documents proving the ownership of the real estate in question and warn the client of obvious deficiencies in the documents;
  • If the subject of the sale is land, check the purpose of the land in question in accordance with the regulations on physical planning that apply to the land in question.
  • to acquaint the client with all legal, tax and other obligations that arise for him from the legal transaction regarding the real estate in question;
  • perform the necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner, as well as perform all other actions agreed in the real estate brokerage contract that exceed the usual presentation, for which he is entitled to special, pre-stated costs;
  • enable the inspection of real estate;
  • to mediate in negotiations and to try to conclude a contract, if he has specifically committed to it, to draw up a contract
  • keep personal data of the principal, and other data ordered by the principal as a business secret;
  • inform the client of all circumstances relevant to the intended work that are known to him or must be known to him.
  • pre-purchase, purchase, post-purchase counseling

Article 5.
An intermediary shall be deemed to have enabled the principal to liaise with another person to negotiate the conclusion of the mediated transaction, in particular if:
  • directly took or sent the principal or a third person to inspect the real estate in question;
  • organized a meeting between the principal and the other contracting person for the purpose of negotiating the conclusion of a legal transaction;
  • communicated to the client the name, telephone number, fax number of another person authorized to conclude a legal transaction or communicated to him the exact location of the requested real estate.

Article 6.
The intermediary may exceptionally represent and conclude the mediated contract in the name and on behalf of the principal, only if the principal has issued a special power of attorney.

Article 7.
The Intermediary may transfer the obligation on the basis of mediation to other Intermediaries, which we call Sub-Intermediaries, if the buyer so wishes or so suits him, for example because of the place of residence. In that case, the Client still remains in a contractual relationship with the Intermediary and will receive a verified document from the Intermediary stating the Sub-Intermediary to which the performance of contractual obligations is transferred. In that case, the fee paid to the Intermediary cannot be higher than in the case when there is no Sub-Intermediary.

OBLIGATIONS AND RIGHTS OF THE ORDERER

Article 8.
By the real estate brokerage contract, the principal undertakes to perform in particular the following:
  • inform the broker about all circumstances that are important for the mediation and present accurate information about the property and if he has to give the broker a location, construction or use permit for the property that is the subject of the contract and provide the broker with evidence of fulfillment of obligations to third parties side;
  • provide the mediator with documents proving his ownership of the real estate, ie other real right on the real estate which is the subject of the contract, and warn the mediator of all registered and unregistered encumbrances that exist on the real estate;
  • provide the broker and a third party interested in concluding the brokered deal with a tour of the real estate;
  • inform the broker about all relevant information about the requested real estate, which in particular includes a description of the real estate and the price;
  • after concluding the mediated legal deal, ie pre-contract by which he undertook to conclude the mediated legal deal, if the mediator and the principal have agreed that the right to payment of the brokerage fee is acquired upon concluding the pre-agreement, pay the brokerage fee to the broker, unless otherwise agreed;
  • if it is expressly agreed to reimburse the mediator for expenses incurred during the mediation that exceed the usual costs of the mediation;
  • inform the broker in writing about all changes related to the business for which he has authorized the broker, and especially about the changes related to the ownership of the real estate.
Article 9.
The ordering party is not obliged to enter into negotiations for concluding an intermediary deal with a third party found by the intermediary, nor to conclude a legal deal, and the provision of the contract which is contracted otherwise, is null and void. The client will be liable for damages, if he did not act in good faith and is obliged to reimburse all costs incurred during the mediation, which may not exceed the brokerage fee for the mediated work.

Article 10.
The ordering party is obliged to immediately notify the intermediary, if he has concluded a sales contract and to submit the name and surname or the name of the legal entity of the buyer.

DAMAGES INSURANCE

Article 11.
The intermediary is insured with an authorized insurance company, for the purpose of insuring for liability for damage that the intermediary could cause by performing mediation with the insured amount of HRK 200,000.00 per one harmful event, or HRK 600,000.00 for all insured events during one year.
The insurance was taken out for real estate brokerage in the territory of the Republic of Croatia.

INTERMEDIARY FEE

Article 12.
The mediator is entitled to an intermediary fee for the mediation performed during the purchase, exchange, lease and rental of real estate.
The mediator is obliged to charge a fee for his work determined by the mediation contract.
The amount of the fee to the Intermediary is determined by the HGK tariff, the price list of which is an integral part of these General Terms and Conditions.

PRICE LIST

Article 13.
Price list of brokerage commission for mediation in the sale, exchange, lease and rental of real estate

FOR SALE
The commission is charged as a percentage of the total achieved purchase price.

Highest total commission     6 %
Lowest total commission     3 %

SALE
Commission for mediation in the sale of real estate (charged from the seller)     2 - 4%, but not less than 6000.00 kn

PURCHASE
Brokerage commission when buying real estate (charged from the buyer)     2 – 3 %, but not less than 6000.00 kn

Commission is charged from the buyer if it is agreed or the broker has received from the buyer a written or oral order to demand real estate

REPLACEMENT
When exchanging real estate, a commission is charged by each party in the exchange, and the percentage is calculated from the value of the real estate that the party acquired by exchanging     2 - 3 %

LEASE AND RENT
RENTING AND LEASING - commission from the landlord and lessor
Percentage of monthly rent
75 %     Minimal
100 %     For rent or lease lasting from 12 to 59 months
150 %     Minimum for rent or lease for a period of 60 months (5 years) and more

Percentage of monthly rent
75 %     Minimum for rent
100 %     Minimum for lease
100 %     For rent or lease lasting from 12 to 59 months
150 %     Minimum for rent or lease for a period of 60 months (5 years) and more

RIGHT TO COMPENSATION TO THE INTERMEDIARY

Article 14.
The mediator is entitled to a mediation fee in the following cases:
  • After the verified agreement has been concluded in the form of a pre-agreement or a contract between the seller and the buyer and the intermediary has mediated and by his activity enabled the agreement to be reached
  • In the event that the principal-buyer of the real estate or his spouse, common-law partner, children, legal successor or a third party has entered into a real estate contract outside the intermediary and for which the intermediary has brought the principal-buyer and the seller into contact, he shall be entitled to compensation the aforementioned circumstance.
  • If, within a period not exceeding the duration of the concluded brokerage contract after the termination of that contract, the principal concludes a legal transaction which is mainly a consequence of the mediator's actions before the termination of the mediation contract, he is obliged to pay the brokerage fee in full

TERMINATION OF THE CONTRACT

Article 15.
The contract on real estate brokerage is concluded in writing and for a certain period of time.
If the contracting parties do not agree on the term for which they conclude a brokerage contract, the real estate brokerage contract shall be deemed to have been concluded for a certain period of 12 months and may be extended several times by agreement of the parties.
The brokerage contract may be terminated by the contracting parties at any time if this is not contrary to good faith and honesty. The contract is terminated by a written request.

FINAL PROVISIONS

Article 16.
For all other relations that are not regulated by these General Terms and Conditions or an intermediary contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply.
In the event of a dispute arising between the contracting parties, which could not be resolved amicably, the competent court is the Municipal Court in Zadar, unless otherwise agreed.