General operating terms and conditions

 

I. GENERAL REGULATIONS

 

Article 1.

These general business conditions (hereinafter: General Terms) regulate the business relationship between the real estate agency EUROESTATE (hereinafter: Agency) and a natural or legal person (hereinafter: Principal) who enters into a written contract with the agency for mediation.

The general conditions are an integral part of the mediation contract concluded between the Agency  and the Principal. 

Article 2.

These general terms and conditions of business are regulated and harmonized with the binding Act on mediation in real estate transactions, the Act on Obligatory Relations, the Act on General Administrative Procedure, the Act on Consumer Protection, as well as with other valid regulations in the Republic of Croatia.

  

 

II. TERMS AND NAMES IN THE MEANING OF THESE GENERAL CONDITIONS

 

Article 3.

- Agency: EUROESTATE, real estate mediation agency, owner Davorin Tisaj, City: Varaždin, Street adress: Zagrebačka 30, personal identification number: 05332544218, registry number: 97266647, based on the decision of the Ministry of Economy, Labor and Entrepreneurship of the Republic of Croatia, CLASS: UP/I-330-01 /11-01/236, REGULATORY NUMBER: 526-05-01-01/2-11-3 is a licensed real estate mediation agency and is registered in the Register of Real Estate Brokers in the Republic of Croatia maintained by the Croatian Chamber of Commerce under registration number 111/2011 from September 3, 2011

- Principal: a natural or legal person who is authorized to conclude a written contract on mediation in real estate transactions with the Agency (seller, lessor, buyer, lessee, legal representative of the aforementioned and other possible participants in real estate transactions),

- Real estate mediation: all actions that a real estate broker (Agency) undertakes with the aim of connecting the Principal and a third party and fulfilling the mediated work that is the subject of the mediation contract, 

- Third parties: natural or legal persons that the Agency seeks to connect with the Principal for the purpose of negotiations and conclusion of the mediated legal transaction that is the subject of a contract on mediation in real estate transactions, 

- Real estates: 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,

- Mediation contract: a written document that regulates the relationship between the Principal and the Agency. By concluding the mediation contract, the Principal confirms that he is familiar with the provisions of these General Terms and Conditions of the Agency. If the Principal and the Agency define the contractual relationship differently from the provisions of these General Terms and Conditions, then the provisions of the concluded contract shall apply,

- Agency fee: the amount that the Principal is obliged to pay to the Agency for the agreed mediation service, 

- Members of the family household of the Principal / third persons: spouse or common-law partner of the Principal / third persons, even if the marriage was concluded or the cohabitation began after the mediation agreement was concluded, children and adopted children of the Principal / third persons, parents, stepmother or stepfather of the Principal / third parties and all other relatives who, at the time of concluding the mediation agreement, live in the same household with the Principal / third party,

- Close natural and legal persons of the Principal / third parties: members of administrative or supervisory bodies, i.e. responsible members of the Principal's company / third parties and all other natural or legal persons who, due to their position, legal, contractual or any other relationship, have the opportunity to be authorized representatives of the Principal / third parties, i.e. if the said persons instead of the Principal / third parties conclude a legal transaction that is the subject of an agreement on mediation between the Principal and the Intermediary.

 

 

III. MEDIATION AGREEMENT / CONTRACT: 

 

Article 4.

With the mediation agreement, the Agency undertakes to bring in contact with the Principal a third person who would negotiate with him on concluding a mediated legal transaction, and the Principal undertakes to pay the Agency the agreed mediation fee (commission) if the mediated transaction is concluded.

The mediation agreement is concluded between the Agency and the Principal in written form.

In the mediation contract, the essential data for the sale / purchase / exchange / rent / lease of the property in question must be truthfully, accurately and completely indicated.

The mediation agreement is concluded for a specific agreed term that can be extended several times, until the fulfillment of the agreement, i.e. mutual termination or unilateral termination of any contracting party.

The mediation agreement is unilaterally canceled by the Principal at least 15 (fifteen) days before the end of the agreed term if he does not wish to continue the mediation. If the mediation agreement is not canceled in the manner described, then the agreement is extended for the same agreed term. The contract is canceled in writing (by mail or electronic mail).

Each contracting party may, for justified reasons, unilaterally terminate the mediation agreement at any time. In the event that the Client unjustifiably terminates the mediation agreement, he is obliged to compensate the Agency for the actual costs incurred during the mediation, in accordance with the price list that is an integral part of these General Terms and Conditions. 

The Agency can exceptionally, at the request of an individual seller or lessor of real estate based on his verbal order, perform the service of advertising the real estate in electronic and other media and record it in the intermediary diary, and when he finds a buyer or lessee for the property in question, conclude with the seller or lessor written mediation agreement and complete the mediation for the property in question. If the seller or lessor does not want to enter into a mediation agreement with the Agency for the property in question, then the Agency is not obliged to put him in contact with an interested third party buyer or lessee.

Article 5.

The Agency may refuse to enter into a mediation agreement with the Principal based on his discretion, and in particular:

- if the Principal is a minor, a person with reduced or limited business capacity, and a valid approval / power of attorney of the legal representative of the said persons does not exist, i.e. it has not been presented to the Agency,

- if there is a well-founded doubt about the identity, i.e. if the identity of the natural or legal person of the Principal cannot be determined or if this information is untrue,

- if foreclosure / bankruptcy proceedings have been initiated against the Principal or it can be concluded from the Principal's business that he is unable to pay the intermediary fee, i.e. if there is any overdue outstanding obligation of the Principal towards the Agency,

- if the Principal's real estate is encumbered with records of litigation, foreclosure / bankruptcy, fiduciary, easement and other possible records and encumbrances that significantly limit the disposal of the real estate, i.e. complicate the process of selling it,

- if the Principal for the real estate requests an unrealistically high price without a basis in the real estate valuation report issued by the authorized court appraiser of the real estate value,

- if the Principal for the real estate does not have proper documentation (building permit, use permit or legalization decision on the executed condition, energy certificate, etc.),

- if the Principal has not registered his real estate in the cadastral record and the land registry extract, if the Principal does not have all the objects located on his lot registered in the aforementioned records, and if the Principal does not have harmonized information in the land registry insert and title deed of his real estate.

 

 

IV. EXCLUSIVE MEDIATION:

 

Article 6.

With the mediation agreement, the Principal can undertake not to engage any other Agency Mediator for the mediated work (exclusive mediation).

Exclusive mediation is an obligation that must be contracted in a written mediation agreement.

If, during the duration of the contract on exclusive mediation, the Principal concludes a legal transaction mediated by another Mediator, and for which legal transaction the Agency was given an order for exclusive mediation, he is obliged to pay the Agency the actual costs incurred during the mediation, which costs cannot be higher from the agreed brokerage fee for the mediated job.

When concluding a contract on exclusive mediation, the Agency is obliged to specifically warn the Principal about the meaning and legal consequences of such a contract.

 

 

V. OBLIGATIONS OF AGENCY / MEDIATOR:

 

Article 7.

With the agreement on mediation in real estate transactions, the Agency undertakes to perform the following in particular:

- try to find and bring in contact with the Principal a third person in order to conclude the mediated deal;

- give an opinion on the market value of the real estate and inform the Principal about it;

- inform the Principal about the defects of the real estate;

- perform the control of the documents necessary for the validity of the mediated business;

- perform an inspection of the documents proving the ownership of the property in question and warn the Principal of possible defects in the documents;

- inform the Principal of all legal, tax and other obligations arising for him from the mediated legal transaction regarding the property in question;

- perform the necessary actions for the purpose of presenting (presentation) the real estate on the market, advertise the real estate in an appropriate manner, as well as perform all other actions agreed in the contract on mediation in real estate transactions that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;

- enable real estate inspection;

- mediate in negotiations and try to conclude a contract, if he has specifically committed to that,

- keep the Principal's personal data and other data at the Principal's order as a business secret;

- inform the Principal about all the circumstances significant for the mediated business that are known to him or must be known to him.

 

It is considered that the Agency provided the Principal a connection with a third party, with the aim of negotiating and concluding the mediated transaction, if the Principal was enabled to enter into a relationship with a third person (physical or legal) with whom he negotiated for the conclusion of a legal transaction, and especially if he directly took or directed a third person to view the Principal's real estate, which is the subject of mediation; organized a meeting between the Principal and a third person for the purpose of negotiation for concluding a mediated legal deal; communicated to the Principal the name, telephone number, fax or e-mail address of a third person (interested party) authorized to conclude a mediated legal transaction, or communicated to a third person (interested party) the exact location of the requested real estate, provided that person with accurate information about the ownership of the real estate that is the subject of the mediated legal transaction job or relevant information about the Principal.

Article 8.

The Agency is obliged to keep as a business secret all the informations he learns while performing mediation activities, which are related to the Client, the real estate for which he mediates or are related to that real estate or the business he mediates for or which he concludes on the basis of a special authority.

If he violates his obligation to keep a business secret, the Agency is obliged to compensate the injured persons for the damage they suffered due to the disclosure or non-keeping of the business secret.

It is not considered a violation of the duty to keep business secrets, if the Agency discloses certain information about the real estate that is the subject of mediation to third parties with whom it tries to bring the Principal into contact, and this was absolutely necessary for the Agency to fulfill its obligation from the mediation agreement concluded with the Principal.

The Intermediary can exceptionally conclude the mediated legal transaction in the name and on behalf of the Principal, only if the Principal has issued a special power of attorney to the Intermediary for this purpose.

When selling real estate that is co-owned by more than one person, written consent of all co-owners or representatives of all co-owners is required for the sale of the real estate in the form of acceptance and signing of an intermediary contract.

 

 

VI. OBLIGATIONS OF THE PRINCIPAL:

 

Article 9.

With the agreement on mediation in real estate transactions, the Principal undertakes to perform the following in particular:

1. inform the Agency of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate and, if he has, give the Agency the location, construction or use permit and the energy certificate for the real estate that is the subject of the contract / mediation and provide the Agency with evidence of compliance potential obligations to third parties;

2. provide the Agency 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 Agency of all registered and unregistered encumbrances that exist on the real estate that is the subject of the mediation;

3. provide the Agency and a third person interested in concluding the mediated deal with a viewing of the property;

4. inform the Agency about all essential information about the requested real estate, which especially includes the description of the real estate and the price;

5. after the conclusion of the mediated legal transaction, i.e. the pre-contract by which the intermediary is obliged to conclude the mediated legal transaction, if the Agency and the Principal have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the pre-contract, pay the Agency the agreed mediation fee, unless otherwise agreed;

6. if it is expressly agreed, to compensate the Agency for costs incurred during the mediation that exceed the normal mediation costs;

7. inform the Agency in writing about all changes related to the work for which he has authorized the Agency, and especially about changes related to property ownership.

 

The Principal is not obliged to enter into negotiations for concluding a mediated deal with a third person found by the Agency, nor to conclude a mediated legal deal, and the provision of the contract that states otherwise is null and void. The Principal will be liable for damages if he did not act in good faith and is obliged to compensate the Agency for all costs incurred during the mediation, which cannot exceed the agreed mediation fee for the mediated work.

 

 

VII. AGENCY FEE:

 

Article 10.

The Agency is entitled to a mediation fee for mediation during the purchase, sale, exchange, lease and rental of real estate, which is regulated by the mediation agreement between the Principal and the Agency and these General Terms and Conditions of the Agency.

For his work, the Agency is obliged to charge the mediation fee determined by the mediation agreement and the Law on mediation in real estate transactions.

The price list of mediation fees is an integral part of these General Terms and Conditions. If the mediation contract stipulates a mediation fee that is different from the mediation fee from the price list, which is an integral part of these General Terms and Conditions, then the Agency will calculate the mediation fee that is agreed upon in the concluded mediation agreement between the Principal and the Agency.

The Agency charges the mediation fee in the agreed percentage or in the absolute amount, which is defined in the mediation agreement, i.e. the price list from these General Terms and Conditions, at the moment when the first mediated legal transaction (preliminary agreement, contract) is concluded, i.e. at the moment defined by the concluded mediation agreement between the Principal and the Agency.

In the case of mediation, in which the Principal himself or through a third person found an interested person for the mediated business, the Agency may, in accordance with his conscience, charge the actual costs incurred in connection with the mediation in question.

Article 11.

If the party itself offers the Agency a fee higher than the agreed fee, the Agency may receive such compensation, but under the condition that it is not in obvious disproportion with his services, the outcome of his work and the financial condition of the Client.

The Agency can contract the right to reimbursement of costs necessary for the execution of the order and request that funds be advanced to him for certain expenditures for costs in accordance with the price list from these General Terms and Conditions.

The Agency has the right to the agreed mediation fee even when the Principal concludes with a third person, with whom the Agency brought him into contact, a legal transaction that is different from the mediated legal transaction, and which achieves the same or a similar purpose as the mediated transaction (e.g. if instead of a contract on the purchase and sale of real estate, the principal and a third party conclude a contract on the exchange, lease, rental of real estate, etc.).

The Agency has the right to the agreed mediation fee if the Principal, after the expiration or termination of the mediation agreement, enters into a legal transaction that is predominantly a consequence of the Agency's actions before the expiration or termination of the mediation agreement, unless otherwise is regulated by the concluded mediation agreement between the Principal and the Agency.

 

 

VIII. PROPERTY OFFER AND PRICES:

 

 Article 12.

The Agency's offer is based on the information received in writing and verbally by the mediation Principal.

The real estate offer is available to interested third parties at the Agency's office, on the Agency's official website and in electronic and other advertising media.

There is a possibility of an error in the description and price of the real estates, and the possibility that the advertised real estate has already been sold, rented, leased or the real estate owner has given up the sale or lease of his real estate, which he did not inform the Agency about in a timely manner in order to update the offer.

Our offers and notifications must be kept by the recipient as a business secret and may only be transferred to a third party with our written approval.

If the recipient of our offer is already familiar with the real estate we have offered, he is obliged to inform us about it without delay in writing, by electronic mail (e-mail) or by registered letter.

Real estate prices on the official website of the Agency are shown in EUR, and may be shown in the equivalent value of other currencies on the day the offer is sent to interested third parties, and are payable in accordance with the contract between our principals and interested third parties.

 

 

IX. PRICE LIST OF AGENCY'S FEES AND SERVICES:

 

Article 13.

Real estate sale:

commission (fee) for mediation is charged from the principal of the mediation / the seller of the real estate in the percentage amount of 2 % - 3 % of the contracted price of the real estate, and the minimum in the absolute amount of EUR 800.00 per one purchase transaction.

 

Buying real estate:

commission (fee) for mediation is charged from the principal of the mediation / real estate buyer in the percentage amount of 1 % - 3 % of the contracted price of the real estate, and the minimum in the absolute amount of EUR 800.00 per one purchase transaction.

The buyer pays the aforementioned commission only if he concluded an agreement with the Agency for mediation in the purchase of real estate, i.e. if he gave the Agency an order to search for a certain type of real estate, and the broker fulfilled that order, or if the buyer, when purchasing real estate from the Agency's offer, concluded a contract with the Agency about mediation and used one of the Agency's service packages listed below.

 

Exchange of real estates:

a commission (fee) for mediation is charged from both contractual parties in the exchange of real estates in the percentage amount of 2 % - 3 % of the amount of the value of the real estates that the contracting parties acquire through the exchange, and at a minimum in the absolute amount of EUR 800.00 per one agreed exchange real estate.

 

Real estate rental and real estate leasing:

commission (fee) for mediation is charged from the principal of the mediation / lessor of the real estate as a percentage of the contracted monthly price of renting or leasing the real estate as follows:

100 % of the monthly rent for a contracted rental / lease of real estate lasting up to 18 months, one time.

130 % of the monthly rent for a contracted rental / lease of real estate lasting from 19 to 59 months, one time.

160 % of the monthly rent for contracted rental / lease of real estate lasting of 60 months or more, one time.

 

Renting real estate and leasing real estate:

commission (fee) for mediation is charged from the principal of mediation / lessee of the real estate as a percentage of the agreed monthly price of the rental or lease of the real estate (if the Agency has a written order from the lessee to demand the real estate) as follows:

100 % of the monthly rent for a contracted rental / lease of real estate lasting up to 18 months, one time.

130 % of the monthly rent for a contracted rental / lease of real estate lasting from 19 to 59 months, one time.

160 % of the monthly rent for contracted rental / lease of real estate lasting of 60 months or more, one time.

 

Other services:

Business consulting and engagement of an Agency: 80 EUR / hour

Service of obtaining an extract from the land register of the real estate, a copy of the cadastral plan, title deed and other documents from the state and local administration bodies in the seat of the Agency: 20 EUR / document (administrative fees and charges are not included in the price of the service).

Service of obtaining an extract from the real estate land register, a copy of the cadastral plan, title deed and other documents from state and local administration bodies outside the Agency's headquarters: 20 EUR / document + 80 EUR / hour + 0.50 EUR per traveled kilometer (administrative fees and charges are not included in the price of the service).

 

AGENCY'S SERVICE PACKAGES FOR REAL ESTATE BUYERS:

The buyer contracts services with the Agency when purchasing real estate only in the event that he needs certain services, i.e. they are not mandatory.

If the buyer needs the services of an Agency when buying real estate, then he can choose one of the following service packages:

 

ESTATE 1 (with an intermediary fee of 1 % of the contracted price of the tral estate):

- with the conclusion of the mediation agreement with the Agency,

- the right to compensation for damages from the insured event,

- obtaining the land registry extract of the real estate prior to the conclusion of the pre-contract / sales contract,

- obtaining an analytical card of real estate purchase (for real estate in purchase),

- preparation of sales documentation by the Agency's lawyer.

 

ESTATE 2 (with an intermediary fee of 2 % of the contracted price of the real estate):

- with the conclusion of the mediation agreement with the Agency,

- the right to compensation for damages from the insured event,

- obtaining the land registry extract of the real estate prior to the conclusion of the pre-contract / sales contract,

- obtaining an analytical card of real estate purchase (for real estate in purchase),

- preparation of sales documentation by the Agency's lawyer,

- obtaining a letter of intent from the creditor of the real estate seller,

- coordination of payment / closing / set-off of mortgages,

- registration of a mortgage in favor of the buyer's creditor,

- delivery of the decision on the registered mortgage and the land registry extract with the registered mortgage of the buyer's creditor,

- obtaining the creditor's declaration of obliteration and deletion of the encumbrance (mortgage),

 

ESTATE 3 (with an intermediary fee of 3 % of the contracted price of the real estate):

- with the conclusion of the mediation agreement with the Agency,

- the right to compensation for damages from the insured event,

- obtaining the land registry extract of the real estate prior to the conclusion of the pre-contract / sales contract,

- obtaining an analytical card of real estate purchase (for real estate in purchase),

- preparation of sales documentation by the Agency's lawyer,

- obtaining a letter of intent from the creditor of the real estate seller,

- coordination of payment / closing / set-off of mortgages,

- registration of a mortgage in favor of the buyer's creditor,

- delivery of the decision on the registered mortgage and the land registry extract with the registered mortgage of the buyer's creditor,

- obtaining the creditor's declaration of obliteration and deletion of the encumbrance (mortgage),

- updating the data in the land registry extract of the real estate,

- preparation of minutes on the handover of the real estate and reading of the meters of the real estate supplier,

- transfer of real estate utilities from the seller to the buyer.

 

In addition to the selected package of services, the buyer also pays the costs of registering the ownership of the purchased real estate in his name, the costs of the notary certification of the purchase documents, the cost of solemnizing his loan agreement and all other necessary administrative fees.

NOTE: The Agency calculates value added tax (VAT) in the amount of 25 % on the prices of the stated intermediary fees and services.

 

 

X. FINAL PROVISIONS:

 

Article 14.

For all relations between Principals and Agency that are not governed by these General Terms and Conditions or the intermediary agreement, the valid provisions of the Act on Real Estate Brokerage and the Obligatory Relations Act shall apply.

In the event of a dispute arising from the mediation agreement between the Principal and the Agency, which could not be resolved amicably, the Municipal Court in Varaždin is competent, unless the contracting parties agree otherwise.

These General Terms and Conditions are published on the Agency's official website www.euroestate-nekretnine.hr and are available at the Agency's official premises.

All amendments and additions to these General Terms and Conditions must be drawn up by the Agency in writing and published in the manner referred to in the previous paragraph.

These General Business Conditions of the Agency shall apply from January 2, 2024.

 

 

for EUROESTATE, real estate mediation business, owner Davorin Tisaj, mag. oec.