In accordance with the provisions of the Act on Real Estate Brokerage (Narodne Novine; 107/07, 144/12, 14/14, 32/19), the trading company MOJA KUĆICA d.o.o. with headquarters in Medulin, Brajdine 95, OIB: 42111768790, represented by the company director Goran Tranfić (hereinafter: Broker),
in Medulin, on April 15, 2024, adopts the following General Business Conditions,
GENERAL PROVISIONS
The general business conditions (hereinafter: General Terms) of real estate brokers regulate the business relationship between the broker and a natural or legal person (hereinafter: principal) who enters into a written contract on real estate brokerage with the broker.
The general terms and conditions are an integral part of the Real Estate Brokerage Agreement concluded between the broker and the principal.
These General Terms and Conditions enter into force on the day of their publication on the intermediary's website or in any other suitable way and apply to all Principals who concluded a contract with the Intermediary after that date.
By concluding the Mediation Agreement, the Principal confirms that he agrees with the provisions of these Terms and that he accepts them in their entirety.
I. Meaning of terms contained in the General Terms and Conditions
Individual terms and names in terms of these General Terms and Conditions have the following meaning:
1. A real estate broker is a commercial company that meets the requirements for real estate brokerage established by the Law on Real Estate Brokerage (hereinafter: Broker).
2. A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker (hereinafter: Agent).
3. Real estate mediation is the actions of real estate mediators that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
4. Principal is a natural or legal person who enters into a written mediation agreement with the Real Estate Agent (seller, buyer, lessee, lessor and other possible participants in real estate transactions - hereinafter: Principal).
5. A third party is a person whom the Real Estate Agent tries to connect with the Principal for the purpose of negotiating the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter: Third Party).
6. Real estates are particles of the earth's surface, together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions of the general regulation on ownership and other real rights.
II. Offer and Information on the subject of mediation
- The real estate offer of the Intermediary is based on the information received in writing and/or verbally from the owners of real estate offered for sale, lease or rent, as well as on the information contained in the written and/or oral orders of the Principal.
- The client is obliged to provide the Mediator with complete and accurate information and valid and true documents related to the quality, legality, ownership and other real rights related to the subject of the mediation and bears full responsibility for the truthfulness and accuracy of all information about the subject of the mediation, as well as personal data given to the Mediator related to the legal work for which the Mediator mediates.
- The Principal acknowledges and accepts that all responsibility arising from or resulting from the violation of the provisions of the previous paragraph shall be borne exclusively by the Principal as the seller or lessor.
- The agency reserves the possibility of an error in the description or price of the property, the possibility that the advertised property has already been sold or rented or the owner has given up on selling or renting.
- Offers and notices of the agency must be kept by the recipient (third party) as a business secret and may only be transferred with the written approval of the agency.
III. Agreement on mediation in real estate transactions
With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter: Fee) if this legal transaction is concluded.
These General Terms and Conditions form an integral part of the Agreement.
The contract 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 the Contract in the Contract itself, the Contract is concluded for a specific period of 12 months from the date of conclusion of the Contract.
The Agreement is automatically extended for the same duration for which it was concluded, if none of the contracting parties informs the other contracting party 30 days before the expiration of the term that they do not intend to extend the Agreement.
The contract can be extended several times by the agreement of the parties for the period determined by the agreement.
IV. Termination of the contract
A contract on mediation concluded for a fixed period ends with the expiration of the term for which it was concluded, if the contract for which it was mediated was not concluded within that period, or by written cancellation by any of the contracting parties with a notice period of 30 (thirty) days.
The Principal may cancel the Agreement, provided that the cancellation is not contrary to the principle of conscientiousness and honesty and does not occur at a time with the intention of depriving the Intermediary or knowingly damaging the right to compensation.
In the event of the termination of the mediation agreement for the reasons indicated in the first paragraph of this article, the Client is obliged to compensate the Mediator for the expenses incurred, which were expressly agreed to be paid separately by the Client.
If, within up to 12 months after the termination of the concluded mediation agreement, the Principal enters into a legal transaction that is a consequence of the Intermediary's actions before the termination of the mediation agreement, he is obliged to pay the Fee in full to the Intermediary.
V. Obligations of the Intermediary
With the agreement on mediation in real estate transactions, the mediator undertakes to perform the following in particular:
1. to try to find and connect a person with the Principal in order to conclude a mediated deal,
2. inform the Principal of the average market price of similar real estate,
3. obtain and inspect the documents proving the ownership or other real right to the property in question,
4. perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, and for which he is entitled to special, separately stated costs,
5. enable the inspection of real estate,
6. mediate in negotiations and try to conclude a contract, if he has specifically committed to that,
7. keep the Principal's personal data and, upon the Principal's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land,
9. inform the Principal about all the circumstances important for the intended work that are known to him or must be known to him,
10. inform the Principal of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (NN 108/17, 39/19, 151/22).
After concluding the sales contract, the Broker undertakes to perform the following for the Principal - the real estate buyer:
1. in cooperation with the legal aid service provider, carry out the transfer of ownership in the land register;
2. register the Principal as a new user of the services at utility service providers.
VI. Obligation of the Principal
With the agreement on mediation in real estate transactions, the Principal undertakes to perform the following in particular:
1. inform the Mediator of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate, and if in possession, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract for inspection and copying, and provide the Mediator with proof of compliance obligation to the Third Party,
2. give the Mediator for inspection and copying the documents that prove his ownership of the real estate, or other real right to the real estate that is the subject of the contract, and warn the Mediator of all registered and unregistered encumbrances that exist on the real estate,
3. give the Mediator the written consent of the other spouse or common-law partner with the signature notarized, in accordance with the Family Law (NN 103/15, 98/19,
4. give the Mediator an energy certificate for inspection, i.e. create the same in case of sale of real estate for which it is required in accordance with the Law on Construction (NN 153/13, 20/17, 39/19, 125/19),
5. provide the Intermediary and a third person interested in concluding the mediated deal with a viewing of the property,
6. inform the Broker about all relevant information about the requested real estate, which especially includes the description of the real estate and the price,
7. after concluding the pre-contract and/or contract, pay the Intermediary Fee,
8. in the event of termination of the Mediation Agreement, to compensate the Mediator for the costs incurred when this has been expressly agreed upon,
9. compensate the Mediator for expenses incurred during the mediation that exceed the usual mediation costs that must be separately stated;
10. inform the Broker in writing about all changes related to the work for which he has authorized the Broker, and especially about changes related to ownership of real estate.
The Principal is not obliged to enter into negotiations for the conclusion of a mediated deal with the Third Party found by the Mediator, nor to conclude a legal deal. The principal will be liable to the mediator for damages, if he did not act in good faith and is obliged to compensate the mediator for all costs incurred during the mediation, which cannot be less than 1/3 nor more than the agreed fee.
The principal will be liable for damages if he acted fraudulently, if he withheld or provided incorrect information essential for the mediation business in order to complete the mediated business.
VII. Intermediary fee
The amount of the mediation fee is determined by the mediation agreement.
The agreed mediation fee includes the execution of all actions of the Intermediary specified in point V of the General Terms and Conditions.
In the case of performing actions that are not included in point V of the General Conditions, based on the request of the Principal, the same is obliged to compensate the Intermediary for the actual costs of performing those actions in addition to the compensation for the intermediary's hourly wage.
The intermediary acquires the right to compensation in full at the moment of concluding the mediated business (by signing the Pre-Contract or Contract) by which the principal has committed to conclude the mediated legal business. The fee is paid to the mediator at the same time or immediately after the conclusion of the legal transaction for which he mediated, that is, upon the signing of the Pre-Contract or Agreement by the two contracting parties.
If the principal withdraws during the conclusion of the mediated deal, he is obliged to pay the actual costs in terms of time spent, advertising and other costs, all according to the intermediary tariff.
The Principal is obliged to pay the Fee even when he concluded a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or object which is the real estate that is the subject of mediation.
It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if:
- directly took or directed the Principal to view the property in question,
- organized a meeting between the Principal and the Third Party for the purpose of negotiating a legal deal,
- Inform the principal of the name and surname, i.e. the company, telephone number, fax number, e-mail address of the third party authorized to enter into a legal transaction, or inform him of the exact location of the requested real estate.
The intermediary has the right to compensation if he is a spouse, or common-law partner, descendant or parent of the principal; i.e. a trading company, institution or other legal entity to which the Principal, his spouse or common-law partner, descendant or parent is the founder or legal representative, i.e. with which he has concluded an employment contract or a performance contract, conclude a mediated legal transaction with the person with whom the Intermediary brought the principal into contact.
The mediation fee does not include the following costs borne by the principal: translations by an authorized court interpreter of all documents related to the subject of this contract, court fees for registration, pre-registration and notation, notary's fee for certifying signatures on documents, costs of court fees, i.e. state stamps, certificates of identification, obtaining construction and/or use permits as well as/or the costs of obtaining other documentation from the competent court, the state geodetic administration, the bank, the administrative departments of the competent bodies of local and/or regional self-government units, i.e. all other bodies, the settlement of property relations on real estate that is subject of mediation, arrangement of the land registry status of the real estate that is the subject of mediation.
VIII. Final provisions
For everything that is not expressly determined by these General Terms and Conditions, the Act on Mediation in Real Estate, the Act on Obligatory Relations, the Act on Prevention of Money Laundering and Financing of Terrorism and other applicable regulations shall apply.
Any disputes between the mediator and the client will be resolved amicably, otherwise the competent court in Pula will have jurisdiction.