In accordance with the provisions of the Law on Real Estate Brokerage (Official Gazette 107/07, 144/12, 14/14, 32/19) Real Estate Brokerage Agency TERRA DALMATICA d.o.o. with headquarters in Šibenik, Obala Croatian Navy 1, OIB: 71685047762, brings:
GENERAL TERMS OF BUSINESS
Introductory provisions
Article 1.
1) The general terms and conditions of business regulate the business relationship between the Real Estate Brokerage Agency TERRA DALMATICA d.o.o. (hereinafter Terra Dalmatica Agency) as an intermediary and principal (natural or legal person). By concluding the Mediation Agreement, the principal confirms that he is familiar with and agrees with the terms and conditions of the Terra Dalmatica Agency.
2) According to these conditions, the principal is a legal or natural person who is a signatory to the Mediation Agreement or the Mediation Order. Terra Dalmatica Agency's offer contains information received in writing or verbally, and is subject to confirmation. Agency Terra Dalmatica reserves the possibility of error/confusion in the description and price of the real estate that may arise due to incorrectly given data or changes to the conditions of sale that were not submitted in writing, and the possibility that the advertised real estate has already been sold (or rented) or the owner has given up the sale (or rental /lease).
3) Offers and notifications of Terra Dalmatica Agency must be kept by the recipient (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 properties offered to him by Terra Dalmatica Agency, he is obliged to inform the agency about this without delay.
Obligations of Terra Dalmatica Agency
Article 2.
1) Terra Dalmatica Agency's obligations are:
1. enter into a Mediation Agreement with the client in written form (standard or exclusive, so-called exclusive);
2. to try to find and connect a third party with the principal in order to conclude the mediated deal,
3. inform the client of the average market price of a similar property;
4. warn the principal about legal and physical defects of the real estate;
5. inspect the documents proving the ownership or other real right to the property in question and warn the principal about obvious defects and possible risks due to the disorderly state of the property in the land registry;
6. perform the necessary actions for the purpose of presenting the real estate on the market and advertise the real estate in the manner determined by the agency;
7. enable a real estate review,
8. keep the client's personal data, and other data at the client's request, as a business secret,
9. to inform the principal about all circumstances significant for the intended work that Terra Dalmatica Agency is aware of.
10. mediate in negotiations and strive to conclude a legal transaction of sale;
11. attend the conclusion of a legal deal (Preliminary Agreement and Contract);
12. attend the handover of real estate that is the subject of a legal transaction.
13. 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.
14. if the principal authorizes the Terra Dalmatica Agency, the agency will do the following for the principal: after reaching an agreement in cooperation with the partner law firm, draw up the pre-contract and the contract on the sale/exchange/lease of real estate, arrange for the signatures of the contracting parties to be notarized, in the case of using a bank loan, will take all the necessary actions for the implementation of the legal work, submit valid documentation for the transfer of utilities from the Seller to the Buyer, in Electricity, Water Supply, city sanitation and other institutions, in cooperation with the partner law office, will draw up a proposal for the registration of ownership rights on the purchased real estate and carry out the transfer ownership rights in the name of the Buyer at the Land Registry Department of the competent Municipal Court
2) Terra Dalmatica Agency is considered to have provided the client with a connection with another person (physical or legal) regarding negotiations for the conclusion of a mediated deal if the client was enabled to contact another person with whom he negotiated for the conclusion of a legal business, especially if he: directly took or directed the principal or a third person to view the property in question, organized a meeting between the principal and another contractual person for the purpose of negotiating the conclusion of a legal transaction, communicated to the principal the name, telephone number, fax number, e-mail of another authorized person for the conclusion of a legal transaction or communicated to him the exact location of the requested real estate.
Obligations of the principal
Article 3.
1) Obligations of the principal are:
1. Enter into a Mediation Agreement with Terra Dalmatica Agency, in written form, standard or exclusive (so-called Exclusive)
2. Inform the Terra Dalmatica Agency of all the circumstances that are important for mediation and provide accurate information about the property and, if it has, provide the mediator with a location, construction, or use permit for the property that is the subject of the contract, and provide the mediator with evidence of fulfilling obligations under the third party side
3. Provide the mediator with documents proving his ownership of the real estate, or other real rights 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. And if the principal is a legal person, present the mediator with proof that the natural person who is the signatory of the order is authorized to represent the legal person.
4. Provide the Terra Dalmatica Agency and a third party interested in concluding a mediated deal with a viewing of the property in the presence/accompaniment of Terra Dalmatica Agency employees. Inform the Terra Dalmatica Agency in writing about all new essential information about the requested real estate, which especially includes the description, ownership status and price of the real estate.
5. Immediately after the conclusion of the mediated legal transaction, i.e. the pre-contract by which it is committed to conclude the mediated legal transaction, if the Terra Dalmatica Agency and the client have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the preliminary contract, pay the mediation fee (commission) to the Terra Dalmatica Agency, unless not otherwise agreed.
6. If it has been expressly agreed, to reimburse the Terra Dalmatica Agency for expenses incurred during the mediation that exceed the usual mediation costs.
7. The principal will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he withheld or provided incorrect information essential for the mediation work in order to complete the legal work, and is obliged to compensate the Terra Dalmatica Agency for all costs incurred during the mediation, which costs cannot be higher than the brokerage fee for the mediated job.
2) Exercising the right to compensation if there is a conclusion of a legal transaction for which the Intermediary mediated between the Principal and a third person.
3) The Principal is obliged to pay the Mediator the agreed mediation fee. The intermediary acquires the right to collect the intermediary fee at the moment of concluding the legal transaction for which he mediated between the Principal and a third person. The legal transaction is considered concluded when the Principal and the third party have agreed on the subject of the contract and the price, i.e. at the time of concluding the contract, pre-contract and/or depositing the deposit for the mediated legal transaction. According to these terms and conditions, a mediated legal transaction is also one when the Principal concludes a contract, pre-contract and/or deposits a deposit with a third party, with whom the Mediator brought it into contact, for real estate owned by a third party or members of his family, even though they are not expressly stated in the Contract on mediation or the Mediation List.
4) All costs incurred by the Mediator during mediation are cumulatively included in the mediation fee, and the Mediator loses the right to compensation for the same expenses by charging the mediation fee. This does not refer to the costs for the work incurred when the mediator, in agreement with the client, performs for him other services in connection with the work that is the subject of the mediation, which are not included in the normal mediation activities.
5) The agreed mediation fee does not include the costs of paying court fees for registration, pre-registration and recording, notary fees for certifying signatures on documents, paying fees for obtaining a title deed, copies of the cadastral plan, identification, mortgage transfer, fees for the removal of the mortgage, certificate and other documents related to the concluded legal transaction.
6) The Mediator will also bear the costs of the usual legal services for drafting the Agreement on the legal work for which he mediated, but only if these services were performed by a lawyer with whom the Mediator has a cooperation agreement. The amount of brokerage commissions for brokerage during the purchase, sale, exchange, lease and rental of real estate is charged in accordance with the Brokerage Agreement. Agency Terra Dalmatica can contract the right to reimbursement of expenses necessary for the execution of the order and request that funds be advanced to it for certain expenditures for expenses.
7) The client is obliged to pay compensation to the Terra Dalmatica Agency even when he has concluded a legal transaction with the person with whom the agency brought him into contact, which is different from the one that was mediated, which is of the same value as the legal transaction, or which achieves the same purpose as mediated legal work. The Terra Dalmatica agency has the right to compensation if the principal's spouse, or common-law partner, descendant or parent concludes a mediated legal transaction with the person with whom the agency brought the principal into contact.
8) The mediator is not entitled to compensation for mediation if he, as a party, concludes a contract with the client that was the subject of the mediation, or if such a contract is concluded with the client by an agent who performs mediation tasks for the mediator.
Amounts of sales fees
Article 4.
1) Terra Dalmatica Agency's commission when selling real estate (charged from the seller) amounts to 2-5% plus VAT, but not less than EUR 930.00 plus VAT, from the achieved amount of the purchase price of the property.
2) The commission is charged from the buyer if it is contracted or if Terra Dalmatica Agency has received a written or oral order for the real estate demand from the buyer.
3) In the case where the Terra Dalmatica Agency has an exclusive mediation agreement, a commission is charged according to the amount agreed and specified in the agreement.
Amounts of fees when purchasing
Article 5.
4) Terra Dalmatica Agency's commission for the purchase (charged from the buyer) amounts to 2-4%, but not less than EUR 930.00 plus VAT, of the achieved amount of the purchase price of the property.
5) In the case of the principal with whom Terra Dalmatica Agency has an exclusive mediation agreement, the commission is charged according to the amount agreed and specified in the agreement.
Amounts of fees for exchange
Article 6.
Terra Dalmatica Agency's commission is 3% (plus VAT) and is charged from each party in the exchange, and the percentage is calculated from the value of the real estate that the party acquired through the exchange.
Loan/lease fee amounts
Article 7.
A percentage of the monthly rent is charged in the Lease Agreement as follows: Commission from the lessor and lessor 75% (plus VAT) minimum 100% (plus VAT) for rent or lease duration from 12-59 months 150% (plus VAT) minimum for rent or lease duration of 60 months (5 years) and more Commission from lessee and lessee 75% (plus VAT) minimum for rent 100% (plus VAT) for rent or lease duration from 12-59 months 150% (plus VAT) minimum for rent or lease duration of 60 months (5 years) and more
Exclusive mediation
Article 8.
1) With the contract on mediation in real estate transactions, the principal can undertake not to engage any other mediator for the mediated work (exclusive mediation), which obligation must be expressly agreed upon.
2) If, during the duration of the contract on exclusive mediation, the principal concluded a legal transaction through another intermediary, and for which the exclusive intermediary was given an order to mediate, he is obliged to pay the agreed intermediary fee to the exclusive intermediary as well as possible additional actual costs incurred during mediation for the specified mediated business.
3) When concluding the Agreement on exclusive mediation in real estate transactions, the mediator is obliged to specifically warn the principal about the meaning and legal consequences of these contractual provisions
Contract on submediation
Article 9.
1) The broker can transfer the real estate brokerage contract to other brokers if the broker and principal so agree.
2) In this case, the principal remains in a contractual relationship only with the intermediary with whom he concluded the contract, and the intermediary will hand over to the principal a list of intermediaries to whom the Real Estate Brokerage Agreement is transferred.
Intermediary hourly rate
Article 10.
If it is expressly agreed, the mediator, in agreement with the client, can perform other services for him in connection with the work that is the subject of mediation, which exceed the usual costs of mediation, in which case the price of the mediation hourly rate will be 30.00 EUR (plus VAT).
Termination of the contract
Article 11.
1) If the contracting parties do not agree on the term for which they conclude the mediation contract, the contract on mediation in real estate transactions is considered to have been concluded for a specific period of 12 months and can be extended several times by agreement of the parties.
2) The mediation contract concluded for a fixed period of time 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 the termination of any of the contracting parties.
3) The principal may cancel the mediation contract, provided that the cancellation is not contrary to the principle of conscientiousness and honesty prescribed by the Law on Obligatory Relations. The procedure for canceling the Agreement on mediation in real estate transactions cannot fall into a storm, that is, with the intention of depriving the mediator of the right to mediation compensation and/or knowingly causing damage.
4) In the case of the agreed possibility of unilateral cancellation of the Real Estate Brokerage Agreement, and the cancellation period is not expressly determined by the contract itself, the cancellation period is 30 (thirty) days from the receipt of the cancellation sent by registered mail with a return receipt. .
5) If the Principal, during the duration of the mediation order, or within two years after its revocation, concludes a legal transaction through the Mediator with a person with whom the Mediator brought him into contact, or concludes it through another mediator, and who brought him into a relationship with a third person after the Intermediary, will be considered to have acted against his conscience (in the sense of Article 12 of the Law on Obligatory Relations), and is obliged to pay the Intermediary commission in full. The principal is obliged to compensate the intermediary for the costs incurred, which were otherwise expressly agreed to be paid separately by the principal.
6) If, within a period not longer than the duration of the concluded mediation agreement after the termination of that agreement, the principal concludes a legal transaction that is predominantly a consequence of the mediator's actions before the termination of the mediation agreement, he is obliged to pay the mediation fee in full to the mediator .
Availability of the general conditions of the Terra Dalmatica Agency
Article 12.
The general business conditions of the Terra Dalmatica Agency are available in the official premises of the Terra Dalmatica Agency in Šibenik, Obala hrvatska mornarica 1, on the intermediary's website www.terradalmatica.hr and will be found in abbreviated form on standard intermediary orders ( contracts) of Terra Dalmatica Agency.
General provisions and dispute resolution
Article 13.
1) The provisions of the Act on Intermediation in Real Estate Transactions and the Act on Obligatory Relations are applied to relations between the client and the agency resulting from mediation contracts that are not regulated by these General Terms and Conditions or the mediation contract.
2) If there is a discrepancy between the provisions of the general conditions and the individual mediation agreement, the provisions of the individual mediation agreement shall apply.
3) All amendments and additions to these General Terms and Conditions must be drawn up by the Intermediary in writing and published in the manner referred to in Article 12 of these General Terms and Conditions.
4) These General Business Conditions of the Intermediary shall apply from March 1, 2024.
Potential disputes between the mediator and the client will be resolved amicably, otherwise the court in Šibenik has jurisdiction.
Šibenik