Terms and conditions 1 GENERAL PROVISIONS
The Terms and Conditions regulate the business relationship between the real-estate brokerage agency PBZ-NEKRETNINE d.o.o. and the ordering party (natural or legal person).
By concluding the brokerage contract, the ordering party confirms that it is aware of and agrees with the provisions of these Terms and Conditions.
2 REAL-ESTATE OFFER
3 OBLIGATIONS OF THE BROKERAGE AGENCY WHEN BROKERAGE IN BUYING, SELLING, LEASING AND RENTING REAL-ESTATE
- The real-estate offer is based on the information received by the agency in a written or oral way, and is subject to confirmation. The Agency reserves the possibility of errors in the description and price of the property, the possibility that the advertised property has already been sold (or leased) or that the owner has suspended the sale (or lease).
- The receiver of the Agency’s offer and notifications (the Ordering Party) must keep all received information as a business secret and may only hand them over to third parties upon a written consent of the Agency.
- If the receiver of the offer is already familiar with the real-estate offered by the Agency, it is obliged to notify the Agency without delay
- Conclude a brokerage contract with the Ordering Party, in writing;
- Strive to find and connect the Ordering Party with other persons for the purpose of concluding the mediated job;
- Inform the ordering Party with average market price of similar real-estate;
- Warn the Ordering Party regarding all deficiencies related to real-estate;
- Inspect the documents proving the ownership or other real right on the property in question and warn the Ordering Party about: obvious deficiencies and possible risks related to the fault land registry documentation of the property; registered real rights or other rights of third parties on real-estate; legal consequences of non-fulfilment of obligations towards third parties; the deficiencies of construction or use permit in accordance with special law; the circumstances of the obligation to apply the right of refusal and restrictions in legal transactions in accordance with special regulations;
- Carry out the necessary actions for presenting real-estate on the market, and announce real-estate in the manner determined by the Agency;
- Enable real-estate review;
- Keep the personal data of the ordering party, and upon a written request of the Ordering Party, also keep the data on the mediated real-estate or mediated job as a business secret;
- Inform the Ordering Party of all circumstances that are relevant to the intended business;
- Mediate in negotiations and strive to conclude a legal transaction;
- Participate in the conclusion of the legal transaction (Pre-contract and Contract);
- Participate at the takeover of the real-estate;
- If the subject of the contract is a land plot, check the purpose of the land in question in accordance with the regulations on spatial planning relating to the land;
- It is considered that the broker has enabled the Ordering Party to connect with another person (physical or legal) regarding mediated job negotiations if the Ordering Party was provided with the possibility to get in contact with such another person with which the Ordering Party has negotiated with regarding contract conclusion, and especially if the broker has:
- Directly taken or instructed the Ordering Party or third person to visit the property in question,
- Organized the meeting between the Ordering Party and other contracting party regarding negotiations on the relevant legal transaction;
- Communicated the name, phone number, fax number, e-mail of another person authorized to conclude the legal transaction or communicated the exact location of the subject real-estate to the Ordering Party.
4 OBLIGATIONS OF THE ORDERING PARTY
5 OBTAINING THE RIGHT TO COMPENSATION
- Conclude a brokerage contract with the Agency, in writing;
- Notify the broker of any circumstances relevant to brokerage process and provide accurate information on the real-estate and, if available, provide the broker with the location, construction or use permit for the property that is the subject of the contract and provide the broker with proof of fulfilment of obligations towards third parties,
- Give the broker insight into the documents proving the Ordering Party’s ownership of the real-estate or another real right on the property subject to the contract, and to warn the broker on all registered and unregistered charges that exist on the property,
- Enable the broker and third persons interested in concluding the mediated job to visit the real-estate in question,
- Notify the broker on all relevant information about the wanted property, which includes, in particular, the description of the property and the price,
- After the conclusion of a mediated legal transaction or a pre-contract which obliges the Ordering Party to conclude a mediated legal transaction, if the broker and the Ordering Party have agreed that the right to receive the brokerage fee shall be acquired at the conclusion of such pre-contract, the Ordering Party is obliged to pay the brokerage fee to the broker, unless otherwise agreed,
- If it is expressly agreed, the Ordering Party is obliged to reimburse the broker for costs incurred during brokerage that exceed the usual brokerage costs,
- Notify the broker, in writing, of any changes related to the work for which the broker was authorized and, in particular, of any changes related to the ownership of the property.
- The Ordering Party shall be liable for damages if he or she has not acted in good faith or has acted fraudulently, suppressed or provided inaccurate information relevant for the brokerage operations in order to complete the legal transaction, and is obliged to reimburse any costs incurred during brokerage which can not be greater than the brokerage fee for the mediated job.
The Agency is entitled to full compensation at the time of the conclusion of the mediated job, i.e. signing of the Pre-contract or Real-estate Purchase Contract
by which the Ordering Party has agreed to conclude a mediated legal transaction.
The fee shall be paid to the Agency at the time of signing of the Pre-contract or Real-estate Purchase Contract
concluded between the two contracting parties, i.e. after payment of the first amount on behalf of the purchase.
The amount of brokerage commissions for brokerage in buying, selling, exchange, lease and rental of real-estate shall be charged in accordance with the Act on Real-estate Brokerage.
The Agency may contract reimbursement of the costs necessary for the execution of the order and to request advance payment of funds for certain expenditure on costs.
The Ordering Party is obliged to pay the fee when the Ordering Party with the person, with whom he/she has been connected by the Agency, concludes the legal transaction different from the mediated transaction, but of the same value as the mediated transaction, i.e. which achieves the same purpose as the mediated legal transaction.
The Agency is entitled to compensation if the spouse, or extramarital partner, descendant or the parent of the Ordering Party concludes a mediated legal transaction with a person who he/she met thorough the Agency.6 TERMINATION OF THE CONTRACT
The brokerage contract shall be concluded for a definite or indefinite period and shall terminate on the expiry of the time limit (time period) defined by the contract if no contract has been concluded regarding the brokerage or by cancellation of any of the contracting parties.
The contracting parties may cancel the contract on brokerage in the real-estate business before the expiration of the contracted term only for a justified reason. In this case, the Ordering Party is obliged to compensate the Agency for the costs incurred.
If within a period of time not longer than the term of the concluded brokerage contract, after the termination of this contract, the Ordering Party concludes a legal transaction which is primarily the consequence of the broker’s activity prior to the termination of the brokerage contract, the Ordering Party is obliged to pay to the broker the entire brokerage fee, unless contractually agreed otherwise.
When the contract is terminated due to the expiration of the term, the Ordering Party is obliged to compensate the broker for the incurred costs for which it was explicitly contracted that the Ordering Party shall pay specially.7 COOPERATION WITH OTHER AGENCIES
The Agency is prepared to cooperate with other brokerage agencies that respect basic ethical principles (which exclude disclosure of untruthful business data for obtaining jobs and clients, depriving other agencies in any way for obtaining jobs and clients, unrealistic estimates of real-estate for obtaining brokerage jobs and exclusion of other agencies from the market, malicious actions in means of information with the intent of personal promotion at the expense of other agencies).
Mutual cooperation between the agencies is based on the Broker's Code of Ethics - members of the Real-estate Exchange.8 GENERAL PROVISIONS AND DISPUTE SETTLEMENT
Mutual relations between the Ordering Party and the Agency, arising out of the brokerage contract, which are not governed by these Terms and Conditions or the brokerage contract shall be governed by the provisions of the Real-estate Transactions Act and the Civil Obligations Act.
The competent court in Zagreb shall be in charge for any potential disputes.