General terms and conditions
Agency for real estate PUBLIC REAL ESTATE a business unit of the company PUBLIC REAL ESTATE Ltd. for trade and services
PUBLIC REAL ESTATE d.o.o., ILICA 151, 10 000 Zagreb
IBAN: HR5023600001102548030 (Zagrebačka banka d.d.)
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions regulate the business relationship between the PUBLIC REAL ESTATE Agency (hereinafter PUBLIC Real Estate Agency) as a mediator and a principal (natural or legal person). By signing the mediation contract, the ordering party confirms that he is familiar with and agrees with the terms of the PUBLIC real estate business.
The Contractor is under these conditions a legal or natural person who is a signatory of the Mediation Agreement or the Mediation Order. The PUBLIC real estate agency's offer contains information received in written or oral way and is subject to confirmation. PUBLIC real estate agency reserves the possibility of mistakes / mistakes in the description and real estate prices that may arise due to erroneous data or changes in sales conditions that are not delivered in writing and the possibility that the property advertised has already been sold (or rented) or the owner has discontinued the sale (or lease / share).
Bids and notices of PUBLIC real estate agency must be kept as a business secret and must be handed over to third parties only by written consent of the agency. If the bidder is already acquainted with the real estate offered by PUBLIC real estate agency, he is obliged to inform the agency without delay.
OBLIGATIONS OF THE AGENCY PUBLIC REAL ESTATE
- to enter into a mediation contract with the principal in writing (standard or exclusive, so-called exclusive);
- endeavor to find and link with the third party's orderer to conclude a mediated job;
- Meet the customer with the average market price of similar real estate;
- Warn the customer with legal and physical defects in real estate;
- to inspect the documents proving the ownership or other real right on the property in question and to warn the buyer of the obvious deficiencies and possible risks due to the unreasonable land registry estate;
- Do the necessary actions for presenting real estate on the market and announce the real estate in the manner determined by the agency;
- enable property review;
- keep the personal data of the ordering party and other data as a business secret by the order of the customer;
- Inform the Principal of all circumstances relevant to the intended work that are known to the PUBLIC Estate Agency;
- mediate in negotiations and strive to conclude legal business of buying and selling; 11. Attend the conclusion of a legal transaction (Sub-Contract and Contract);
- to attend the delivery of real estate that is the subject of legal business;
- If the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to the land;
- If the Client approves the PUBLIC real estate, the agency will perform the following for the principal: after signing the agreement, in cooperation with the partner law office, prepare the Contract and the Purchase / Exchange / Lease Agreement, arrange for the signature of the signatures of the Contracting Parties to the Notary if the bank loan is used will perform all necessary actions for the realization of the legal transaction, submit a tax application and perform all necessary actions at the competent Tax Administration, submit valid documentation for the transfer of the Director from the Buyer to the Electricity, Water Supply, Urban Cleanness and other institutions in cooperation with the partner law office will prepare a proposal for registration of ownership rights on purchased real estate and carry out the transfer of ownership rights on behalf of the Buyer at the Land Registry Department of the competent Municipal Court.
It is considered that PUBLIC real estate allowed the ordering party to contact the other person (physical or legal) about negotiating a mediated job if he or she has been enabled to enter into a relationship with another person with whom he has negotiated for legal business, and especially if he or she: instructed the customer or third person to visit the real estate in question, arranged a meeting between the principal and the other contractor for negotiation of the legal transaction, instructed the principal to provide the name, phone number, fax number, email of another person authorized to conclude a legal transaction or to communicate the correct location required real estate.
OBLIGATIONS OF CLIENTS
- Include the mediation contract with the PUBLIC real estate agency, in writing standard or exclusive (the so-called exclusive);
- Announce the PUBLIC Real Estate Agency for all the circumstances relevant to the mediation and provide accurate information on the real estate and if it has to provide the mediator with an insight into the location, construction or utilization of the real estate that is the subject of the contract and provide the mediator with proof of fulfillment of the obligation towards the third side:
- Give the intermediary access to documents proving his ownership of the real estate, that is another real right to the property subject to the contract and to warn the mediator on all the registered and unlisted charges that exist on the property. And if the ordering party is a legal person - present to the mediator proof that the natural person is a signatory of the order, authorized to represent the legal person;
- Secure the PUBLIC real estate agency and a third person interested in negotiating a mediated business with the presence of / visiting PUBLIC real estate agency employees;
- Inform PUBLIC real estate on all new relevant information about the property you are looking for, including the description, ownership status and real estate price;
- Immediately after the conclusion of a mediated legal transaction, or a pre-contractual obligation to enter into a mediated legal transaction, if the PUBLIC real estate agency and the principal have agreed that the right to receive the mediation fee is already acquired at the conclusion of the pre-contract, pay the agency PUBLIC real estate intermediary fee, unless otherwise agreed;
- If it is expressly agreed to compensate the PUBLIC Real Estate Agency for costs incurred during mediation that exceed the usual mediation costs;
- The Contractor shall be liable for damages, if he / she has not acted in good faith, has acted fraudulently, has failed or provided inaccurate information relevant for the mediation work in order to complete the legal transaction and is obliged to compensate the PUBLIC Real Estate Agency for all costs incurred during mediation, which costs can not be higher than the brokerage fee for the mediated job.
Obtaining a right to compensation if a legal transaction is concluded for which the Mediator has mediated between the Principal and a third party.
INTERMEDIARY PRICE PER HOUR
The Contractor shall pay the Mediator a contractual mediation fee. The mediator is entitled to charge the intermediary auction at the time of the conclusion of the legal transaction for which he has mediated between the Principal and the third party. Legal work is considered to be concluded when the Contractor and the third party agree on the subject matter of the contract and the price, ie at the time of concluding a contract, pre-ordering and / or depositing a claim for mediated legal business. Under these conditions, a mediated legal transaction is also where the Contractor concludes a contract, pre-contract and / or deposited a third-party lease with whom the Mediator has made contact, for properties owned by a third party or members of his family, although not expressly mentioned in Mediation contract or mediation list.
Intermediary fees are cumulatively included in all the costs the Mediator has had in mediating and the Mediator by charging the mediation fee loses the right to reimbursement of the same costs. This does not apply to the costs incurred when the intermediary, in agreement with the client, carries on for him and other services related to the job that is the subject of mediation and which does not engage in the usual mediation activities. Contractual Intermediate Fee does not include the costs of court settlement fees for registration, pre-order and record keeping, notarial rewards for verifying signatures on documents, settlement fees, copy of cadastral plan, identification, transfer of mortgages, mortgage removal fees, certificates and other documents in related to the conclusion of the legal transaction. The mediator shall also bear the costs of the ordinary lawyer's service for the preparation of the legal contract for which he has been mediating, but only if such services are performed by a lawyer with whom the Mediator has a contract of cooperation. The amount of mediation commissions for mediation, sale, lease and rental of real estate is charged in accordance with the mediation contract. The PUBLIC real estate agency may contract the right to reimburse the costs necessary for the execution of the order and to request advance payment of funds for certain expenditure expenses. The Contractor is obliged to pay a fee to the PUBLIC Real Estate Agency and when the agency with which the relationship was brought led the agency to conclude a legal transaction different from the one it mediated, which is of the same value as the legal transaction, ie achieving the same purpose as the mediated legal business. The PUBLIC real estate agency is entitled to compensation if the spouse, spouse, offspring or the parent of the principal concludes a mediated legal transaction with the person with whom the customer's agency liaised.
If this is explicitly contracted, the agent may, in agreement with the client, also perform other services related to the job that is the subject of the mediation, which exceeds the usual mediation costs and in that case the brokerage price of the broker will be 200kn (plus VAT).
Termination of the contract
If the contracting parties do not agree on the term of the mediation contract, it is considered that the real estate brokerage contract is concluded for a specified period of 12 months and may be extended by agreement of the parties several times. The mediation contract concluded for a specified period shall cease to expire upon expiry of the period for which it has been concluded if, during that period, no contract has been concluded for which it is mediated or canceled by any of the Contracting Parties. An ordering party may cancel a mediation order provided that the revocation is not against the principle of conscientiousness. The procedure of canceling a related order can not fall into a hurricane with the intention of defrauding the mediator or knowingly damaging the right to compensation.
In Zagreb, July 10, 2019
If, during the term of the mediation order, or after its revocation, the Principal, for a period of not more than two years, by the Mediator, concludes a legal transaction with the person with whom the Mediator has brought the relationship, or concludes by another intermediary, who is in contact with the third party (in the sense of Article 12 of the Mandatory Obligations Act), it is obliged to fully mediate the mediation commission.
The Contractor is obliged to compensate the intermediary of the costs incurred for which it was otherwise expressly contracted that the Principal specifically pays them. If, within the term of the mediation contract concluded after the termination of the contract, the contractor concludes a legal transaction that is mainly a consequence of the mediator's activity prior to the termination of the mediation contract, the intermediary shall pay the intermediary fee in full.
PUBLIC REAL ESTATE d.o.o.