GENERAL TERMS AND CONDITIONS

In accordance with the provisions of the Real Estate Brokerage Act, Visia Real Estate Agency, which is part of Quimedia d.o.o. Poreč, Partizanska 4/1, is registered in the register of real estate agents at the Croatian Chamber of Economy NO: 56/2021 from 14.05.2021 on the basis of the decision of MINGOR UP/I-330 – 01 /21-01/128, REG.NO.: 517-08-01-01-01-21-2, OIB 98247630116 adopts:

 

GENERAL TERMS AND CONDITIONS

 

Introduction

 

The General Terms and Conditions regulate the business relationship between Visia – real estate agencies that are part of Quimedia d.o.o. Poreč (hereinafter: the Mediator) and natural or legal persons (hereinafter: the Principal) who enter into a contractual relationship between real estate brokerage.

By concluding the Brokerage Agreement, the Principal confirms that he is familiar and agrees with the provisions of these Terms and Conditions.

Real estate agent is Visa – real estate agency as part of Quimedia d.o.o. Poreč , Partizanska 4/1 , 52440 Poreč OIB 98247630116 brings: Real estate brokerage are actions undertaken by the Real Estate Agent regarding the connection between the Principal and a third party, and negotiations and preparations for the conclusion of legal transactions, which are subject to certain real estate when selling, purchase, replacement, lease, lease, etc. Real estate is a parcel of land area, together with everything that is permanently connected to the land on the surface or below it in accordance with the provisions of the general regulation on ownership and other real rights. The Principal is a natural or legal person who concludes a Brokerage Agreement with the Real Estate Agent (seller, buyer, lessee, lessee, lessee, lessor, as well as other possible participants in real estate transactions). The third party is a person whom the Real Estate Agent tries to connect with the Principal in order to negotiate the conclusion of legal transactions that are the subject of a particular real estate. The brokerage fee is the amount that the Principal is obliged to pay to the Broker for mediation services.

1. Bid

The offer of the Mediator Visia – real estate agency is based on the data that we receive in writing and orally, and are conditioned by confirmation. We reserve the possibility of error/confusion in the description and price of the property that may arise due to incorrectly given data or changes in terms of sale that have not been submitted in writing, and the possibility that the advertised property has already been sold (or rented) or the owner has given up on the sale (or lease / lease). Our offers and notices must be kept as a trade secret by the recipient (Principal) and may only be transferred to third parties with our written permission. If the recipient of our offer is already familiar with the offered property, he is obliged to inform us without delay.

2. Real estate price

Real estate prices are expressed in euros and are payable in kuna equivalent.

3. Brokerage agreement

The brokerage agreement is concluded between the Mediator and the Principal.

By the Brokerage Agreement, the Mediator is obliged to connect with the Principal a person who would negotiate with him on the conclusion of the contract, and the Principal undertakes to pay him an intermediary fee, if the contract is concluded.

In the brokerage agreement, the relevant information about the property in question must be true and accurately indicated.

When selling a property that is co-owned by several persons, it is necessary to have written consent of all co-owners for the sale of real estate, in the form of accepting an intermediary contract.

4. Exclusive mediation

With a mediation contract, the Principal may undertake not to engage any other broker for the mediated business, which obligation must be expressly agreed upon. If, during the term of the exclusive brokerage agreement, the Principal has concluded a legal transaction through another broker, he is obliged to pay the Mediator the costs incurred during the mediation. If the amount of the brokerage fee is not agreed, these costs cannot be higher than the brokerage fee for the mediated business. When concluding an exclusive brokerage agreement, the Mediator is obliged to specifically warn the Principal about the meaning and legal consequences of this clause.

5. Obligations of intermediaries

When brokering in the sale, purchase, lease or lease, the Mediator undertakes to perform the following: to conclude a brokerage agreement with the Principal in writing (standard or exclusive brokerage agreement), to try to find and bring in contact with the Principal a person for the purpose of concluding the mediated business, to familiarize the Principal with the average market price of a similar property, to inspect documents proving ownership or other real estate in question and to warn the Principal to obvious deficiencies and possible risks related to the unregulated land registry status of real estate, registered real rights or other rights of third parties on the property, legal consequences of non-fulfillment of obligations towards a third party, deficiencies of building and use permits in accordance with a special law, and circumstances of the obligation to apply the right of pre-emption and restrictions in legal transactions in accordance with special regulations, to inform the Principal of all legal, tax and other obligations arising for him from the legal transaction regarding the real estate in question, perform the necessary actions for the presentation of the property on the market, advertise the property appropriately, as well as perform all other actions agreed by the brokerage contract that exceed the usual presentation, and why he has the right to special, pre-stated costs, enable the inspection of real estate, mediate in negotiations and try to reach the conclusion of the contract, if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable regulations on physical planning relating to that land,

inform the Principal of all circumstances important for the intended business that are known to him or must be known to him, keep the personal data of the Principal, and, by written order of the Principal, keep as a business secret information about the property for which he mediates or in connection with that property or with the business for which he mediates. It is not considered that the duty of keeping trade secrets has been violated, if the data for the purpose of protection is disclosed by the Mediator to the persons with whom he is trying to connect the Principal, and this was necessary for the Mediator to fulfill his obligation under the mediation contract concluded with the Principal, contracting and coordinating a meeting with the law office or the office of a notary public regarding the realization of the sales contract, attend at the conclusion of a legal transaction (Pre-Contract and/or Contract), when certifying signatures in a notary's office, mediate and participate in the handover of real estate, and draw up the handover minutes, on behalf of the Principal (on the basis of the Power of Attorney of the Principal) to register the necessary documentation for the transfer of all overhead costs from the Seller to the Buyer, on behalf of the Principal (on the basis of the Power of Attorney) to register the necessary documentation for tax return at the competent Tax Office It is considered that the Mediator enabled the Principal to enter into contact with a third party (natural or legal) with whom he negotiated for the conclusion of a legal transaction, and especially if: directly took or instructed the Principal to see the property in question, organized a meeting between the Principal and the third contracting person in order to negotiate the conclusion of a legal transaction, communicated the name, telephone number to the Principal, fax, e-mail from a third party authorized to conclude a legal transaction or has communicated to him the exact location of the property.

6. Obligations of the Principal

With the Real Estate Brokerage Agreement, the Principal undertakes to perform the following in particular: to inform the Mediator of all circumstances that are important for the performance of mediation services and to present accurate information about the property, and if it mediates to provide the Mediator with a location, building or use permit for real estate that is the subject of the contract and to provide the Mediator with evidence of fulfillment of obligations to a third party, give the Mediator access to all documents proving his ownership of the property, i.e. other real right to the property that is the subject of the contract, and warn the Mediator about all registered and unregistered burdens that exist on the property, provide the Mediator and a third party interested in concluding the mediated business sightseeing of the property, inform the Mediator of all essential information about the requested property, which especially includes the description of the property and the price, by concluding the mediated legal transaction, by signing the sales contract or pre-contract by which he is obliged to conclude the mediated business, pay the Broker's fee, unless otherwise agreed, if it is expressly agreed to compensate the Mediator for costs incurred during mediation that exceed the usual costs of mediation, notify the Mediator in writing of all changes related to the work for which he has authorized the Mediator, and especially about the changes related to the mediator ownership of the property. The Principal is not obliged to enter into negotiations for the conclusion of a mediated deal with a third party that the Mediator has found, nor to conclude a legal transaction, and the provision of the contract by which it is contracted otherwise, is null and void. The Principal shall be liable for damages if he has not acted in good faith, if he has acted fraudulently, if he has withheld or provided incorrect information relevant to mediation activities in order to complete the legal transaction. The Principal is also liable for damages in case of intentional or grossly negligent behavior towards the Mediator or a third party with whom he was brought into contact by the Mediator. In the case of the aforementioned, the Principal is obliged to pay the costs incurred during mediation that cannot exceed the brokerage fee for the mediated business.

7. Exercising the right to compensation

The Mediator acquires the right to brokerage remuneration in full at the time of the conclusion of the mediated business, i.e. by signing the Pre-Contract or The Contract if the Pre-Contract is not concluded by which the Principal is obliged to conclude the mediated deal.

The brokerage fee is paid to the Mediator at the same time or immediately after the conclusion of the legal transaction for which the Mediator has mediated, i.e. by signing the Pre-Contract or the Contract between the contracting parties.

If the Principal withdraws during the conclusion of the mediated business, he is obliged to pay the real costs regarding the time spent, advertising and other costs, all according to the brokerage tariff.

The Principal is obliged to pay the brokerage fee even when he has concluded a legal transaction with the person with whom the Mediator has brought her into contact, different from the one for which it was mediated, which is of the same value as the legal transaction, i.e. which achieves the same purpose as the mediated legal transaction. The Mediator is entitled to mediation fee if the spouse, i.e. common-law partner, descendant or parent of the Principal concludes a mediated legal transaction with the person with whom the Mediator has brought the Principal into contact. The Mediator is entitled to an intermediary fee even when it is not expressly agreed in the Mediation Contract. The amount of the brokerage fee is determined by the brokerage tariff. The Mediator is not entitled to a mediation fee if he concludes a contract with the Principal as a party that was the subject of mediation, or if such a contract with the Principal is concluded by an agent who performs mediation activities for the Mediator.

8. Fee amounts

The broker for the brokerage during the sale, exchange, lease or renting of real estate is entitled to an intermediary fee. For his work, the Mediator is obliged to charge the fee stipulated by the Brokerage Agreement, i.e. the Mediator is not allowed to obtain business by offering mediation services without charging the brokerage fee.

The amount of the brokerage fee for brokerage during the sale, exchange, lease and rental of real estate is charged in accordance with the Price list of brokerage commissions of the Association of Real Estate Business at the Croatian Chamber of Economy, which is an integral part of these General Terms and Conditions. If the Principal himself offers the Mediator compensation, higher than the agreed one, the Mediator may receive such an award, but provided that it is not in obvious disproportion with his services, with the outcome of his work and the property situation of the Principal.

The price list is displayed in a visible and accessible place in the business premises of the Mediator and applies to all contracts, unless otherwise agreed by the individual contract. The following percentages are paid as an intermediary fee and VAT is calculated on them.

8.1. Purchase

When buying a property, the brokerage fee is 3% of the achieved amount of the purchase price of the property, but not less than EUR 1,000 at the middle exchange rate of the Croatian National Bank on the day of payment.

With the Principal with whom we have an exclusive brokerage Agreement, we charge according to the amount agreed and stated in the same.

8.2.Sale

When selling real estate, the brokerage fee is 3% of the achieved amount of the purchase price of the property, but not less than EUR 1,000 at the middle exchange rate of the Croatian National Bank on the day of payment.

With the Principal with whom we have an exclusive brokerage Agreement, we charge according to the amount agreed and stated in the same.

8.3.Replacement

When exchanging real estate, the brokerage fee is 3%, but not less than EUR 1,000 at the middle exchange rate of the Croatian National Bank on the day of payment and is charged by each party in the exchange, and the percentage is calculated from the value of the property acquired by the party through the exchange.

8.4.Rent and lease

In the case of a lease/lease agreement, a percentage of the monthly rent is charged as follows: Commission from the lessor and lessor:

75% minimum

100% for rent or lease of 12-59 months

150% for rent or lease duration of 60 months (5 years) and more.

 

Commission from the lessee and lessee:

75% minimum

100% minimum for lease

100% for rent or lease of 12-59 months

150% for rent or lease duration of 60 months (5 years) and more.

8.5. Brokerage hourly rate

The amount of the brokerage hourly rate with included costs (time spent, production and advertising, and other costs related to the mediated business) is 30,00 EUR.

 

8.6. Costs not included in the brokerage fee The brokerage fee does not include the following costs:

the cost of administrative or court fees incurred for the purpose of obtaining the necessary ownership and other documentation, which are a prerequisite for placing the property on the market,

registration of ownership rights in the Land Registry,

• Drafting a contract for the conclusion of the mediated business (pre-contract, contract, etc.)

9. Cooperation with other agencies – Intermediaries

Visia – real estate agency is ready to cooperate with other real estate agencies that respect the basic ethical principles, which exclude the presentation of not true data on business for the sake of business and clients, the disparagement of other agencies in any way, not realistic real estate appraisals in order to obtain brokerage deals and the exclusion of other agencies from the market by appearing in the media with the intention of personal promotion, at the expense of other agencies.

10. Termination of contract

The brokerage agreement is concluded for a period of 12 months and ends with the expiry of the period for which it was concluded if within that period the contract for which it was mediated or in writing by cancellation of any of the contracted parties. The notice period lasts 30 days from the receipt of the cancellation.

The parties may withdraw from the Real Estate Brokerage Agreement before the expiry of the agreed period only for a particularly justified reason. In this case, the Principal is obliged to reimburse the Mediator for the costs incurred.

If, within a period not longer than the duration of the concluded Brokerage Agreement after the termination of that Agreement, the Principal concludes a legal transaction that is mainly a consequence of the Mediator's action before the termination of the Brokerage Agreement, he is obliged to pay the brokerage fee in full. The Mediator and the Principal agree that upon the expiry of the agreed deadline, the Mediation Agreement shall be extended again for the same period of time, if neither of the contracted parties cancels the Contract in writing beforehand.

When the Brokerage Agreement ceases due to the expiry of the deadline, the Principal is obliged to compensate the Mediator for the costs incurred for which it was otherwise expressly agreed that the Principal pays them separately.

11. General provisions and dispute resolution

The relations between the Principal and the Mediator arise from the Brokerage Agreement, which are not regulated by these General Terms and Conditions, nor by the Brokerage Agreement, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act apply.

In the event of a dispute arising between the Principal and the Mediator, which could not be resolved amicably, the Municipal Court in Pula, permanent service in Poreč, has jurisdiction, unless otherwise agreed.

 

In Poreč, on May 14, 2021.