Terms and Conditions in Real Estate Transactions 1. GENERAL PROVISIONS
The Terms and Conditions regulate the business relationship between the real-estate brokerage agency, PBZ CARD 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 DURING BROKERAGE IN BUYING, SELLING, LEASING AND RENTING REAL-ESTATE
- The real-estate offer is based on the information received by the agency in writing or verbally, 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 share them with 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, they must notify the Agency without delay.
- Conclude a brokerage agreement 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 about 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 first refusal and restrictions in legal transactions in accordance with special regulations;
- Carry out the necessary actions for presenting real-estate on the market, and advertise 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 information regarding the mediated real-estate or mediated job as a business secret; and protect the personal information of the client – physical persons, taking part in the process of real-estate brokerage, purchase, sales or letting, in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
- Inform the Ordering Party of all known 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, verify 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 another person with whom the Ordering Party has negotiated 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, email of another person authorized to conclude the legal transaction or communicated the exact location of the real-estate in question to the Ordering Party.4. OBLIGATIONS OF THE ORDERING PARTY
5. EXERCISING 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 the costs incurred during brokerage process that exceed the usual brokerage costs,
- Notify the broker, in writing, of any changes related to the activity 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 process which cannot exceed the brokerage fee for the mediated job.
6. TERMINATION OF THE CONTRACT
- The Agency is entitled to full compensation at the time of the conclusion of the mediated job, or 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, or after payment of the first amount related to 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 partner, descendant or the parent of the Ordering Party concludes a mediated legal transaction with a person who he/she met thorough the Agency.
7. COOPERATION WITH OTHER AGENCIES
- 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 by 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 agreed that the Ordering Party would pay for them separately.
- The Agency is prepared to cooperate with other brokerage agencies that respect basic ethical principles (which exclude disclosure of untruthful business information for attracting jobs and clients, demeaning 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 the media 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
9. AMENDMENT TO THE TERMS AND CONDITIONS
- 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 competence for potential disputes lies with the court in Zagreb.
The Amendment to the Terms and Conditions that entered into force on 25 May 2018 has been made to harmonize paragraph 3, subparagraph 8 with the Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).Personal Data Protection:
PBZ CARD, as a personal data processing controller, operates in accordance with the principles of the Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Contact details of the data protection officer: firstname.lastname@example.org
When personal data of the clients are collected, whether from a client at the time of collection or from another source, PBZ CARD shall provide information in accordance with Articles 13 and 14 of the General Data Protection Regulation, such as, for example, information about PBZ CARD as the controller, the purposes and the legal basis of personal data processing, the categories of personal data which are collected, information about the storage period, the recipients of data, the source of data, as well as the rights related to personal data protection (for example, the right of access to personal data, the right to erasure, the right to object, etc.). PBZ CARD shall process and use any personal information in a lawful, fair and transparent manner, by protecting personal information from unauthorised or illegal processing, by implementing the highest technical, safety and organisational measures. Further information on data protection shall be provided through the document "Information on the processing of personal data by PBZ CARD“ available at www.pbz.hr and at the premises of PBZ CARD.