General business terms
In accordance with the provisions of the Real Estate Brokerage Act, Class: 001-01 / 07-01 / 128, Reg. No: 71-05-03 / I-07-02, dated October 10, 2007, VG Nekretnine adopts:
GENERAL BUSINESS TERMS
The General Terms and Conditions govern the business relationship between the VG nekretnine Agency (hereinafter: the VG Nekretnine Agency) as an intermediary and the principal (natural or legal persons). By concluding the Mediation Agreement, the client confirms that he is aware of and agrees to the terms of business of the Agency VG Nekretnine.
Pursuant to these conditions, the principal is a legal or natural person who is a signatory of the Mediation Agreement or the Mediation Order. Pursuant to these terms, the principal is also a legal entity in which a natural person who, as a signatory of the Brokerage Agreement or Brokerage Order, has a shareholding or has the authority to represent a legal entity, even if the natural person has signed the Brokerage Agreement or Brokerage Order in its own name and for your own account. A natural person, as a signatory of the Mediation Agreement or the Mediation Order, shall be jointly and severally liable with the legal person on behalf of the person who signed the Mediation Agreement or Mediation Order.
The offer of the Agency VG Nekretnine contains the information received in writing or verbally, and is conditioned on confirmation. VG nekretnine agency reserves the possibility of error / confusion in the description and price of real estate, which may be due to incorrectly given data or change of the conditions of sale, which were not submitted in writing, and the possibility that the advertised real estate has already been sold (or rented) or the owner has abandoned the sale (or lease) / share).
Offers and notifications of the VG nekretnine Agency must be kept confidential by the recipient (the principal) 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 real estate offered by the VG nekretnine Agency, he is obliged to inform the agency without delay.
VG nekretnine Agency's obligations
1. enter into a Mediation Agreement with the Principal in writing (standard or exclusive, so-called exclusive);
2. seek to find and liaise with the Principal, a third party who would negotiate with him to conclude a contract for the sale, lease or lease of real estate, or the sale or lease of inventory at lease.
The third party under these conditions is the owner of the property, the proxy of the owner, or family members of the property owner, the buyer, lessee or tenant, the proxy or family member of the buyer, lessee or lessee. Under these conditions, the third party cannot be the Mediator and members of his immediate family.
3. familiarize the principal with the average market price of similar real estate;
4. warn the principal with legal and physical defects of the real estate;
5. to inspect the documents proving the ownership or other real right to the real estate in question and to warn the principal of obvious deficiencies and possible risks due to the unregulated land registry of the real estate;
6. perform necessary actions for presentation (presentation) of the real estate on the market and advertise the real estate in the manner determined by the agency;
7. organize a real estate inspection;
8. to keep personal data of the client, and to keep under the written order of the client the business secret of the real estate for which he mediates or in connection with that real estate or the business for which he mediates;
9. to inform the Principal of all circumstances relevant to the intended legal work known to VG nekretnine Agency;
10. with the cooperation and notification of the client:
- mediate in negotiations and strive for legal work
- attend the conclusion of a legal transaction (Pre-contract and Contract);
- attend the handover of the real estate subject to the legal transaction with the drawing up
11. if the subject of the contract is land, check the purpose of the land in accordance with the zoning regulations relating to that land and inform interested parties thereof
12. if the principal authorizes the VG nekretnine Agency, the agency shall perform the following for the principal:
- arrange verification of signatures of contracting parties with the Notary Public,
in case of loan use, the bank will perform all necessary actions for realization of legal work.
- submit valid documentation for the transfer of overhead from the Seller to the Buyer, in HEP, Housing, Utilities, etc.
- submit a proposal for registration of ownership rights to purchased real estate in the name of the Buyer with the land registry department of the competent Municipal Court
13.According to these conditions, VG Nekretnine brought the client into contact with a third party (natural or legal) if the client was enabled to contact a third party with whom he negotiated to conclude a legal transaction, and in particular if:
- directly took or directed the principal or a third person to inspect the real estate in question,
- organized a meeting between the principal and the other contracting entity to negotiate the conclusion of a legal transaction;
- communicated to the principal the name, telephone number, fax number, e-mail of another person authorized to conclude a legal transaction, or communicated to him the exact location of the requested property.
Obligations of the originator
1. To conclude a Mediation Agreement with VG nekretnine Agency, in writing standard or exclusive (the so-called exclusive)
2. Inform VG nekretnine of all circumstances that are important for the mediation and provide accurate information on the real estate and if it possesses to provide the broker with a location, construction or occupancy permit for the property subject to the contract and to provide the broker with evidence of fulfillment of obligations according to a third party
3. Provide the broker with the documents proving his ownership of the real estate or other real right on the real estate subject to the contract, and alert the broker to all registered and unbooked encumbrances existing on the real estate. And if the ordering party is a legal person - present to the intermediary proof that the natural person who is the signatory of the order is authorized to represent the legal person.
4. Provide VG nekretnine Agency and a third party interested in entering into a mediated business a tour of the real estate with the presence / escort of VG nekretnine Agency employees
5. Inform VG nekretnine Agency in writing of any new essential information on the requested property, which in particular includes the description, ownership status and price of the property
6. Immediately after the conclusion of the mediated legal transaction, that is, the pre-contract by which he has undertaken to conclude the mediated legal transaction, if the VG nekretnine Agency and the Principal have agreed that the right to pay the brokerage fee is acquired already at the conclusion of the pre-contract, pay the VG nekretnine brokerage fee (commission), unless otherwise agreed.
7. If expressly agreed to reimburse VG nekretnine Agency for costs incurred during mediation in excess of the usual mediation costs,
8. The client shall be liable for damages if he did not act in good faith, if he acted fraudulently, if he withheld or gave inaccurate information relevant to the business of mediation in order to complete the legal transaction, and shall reimburse VG Nekretnine for all costs incurred during mediation, which costs cannot exceed the mediation fee for the mediated business. Exercising the right to compensation if a legal transaction for which the Mediator has mediated between the Principal and a third party has been concluded The Principal is obliged to pay the Mediator the contracted mediation fee.
The mediator acquires the right to collect the brokerage fee at the moment of concluding the legal transaction for which he has mediated between the Principal and a third party.
Legal work is considered concluded when the Client and a third party have agreed on the subject of the contract and the price, that is, at the time of conclusion of the contract, pre-contract and / or laying down the down payment for the mediated legal work. Under these conditions, a mediated legal transaction is also one when the Principal concludes a contract, a pre-contract and / or a down payment with a third party, with which the Broker has contacted him, for real estate owned by a third party or his family members, although not expressly stated on Brokerage Agreement or Brokerage.
The brokerage fee also includes cumulatively all costs incurred by the Broker during the mediation and the Broker loses the right to reimbursement of the same costs by collecting the brokerage fee.
This does not relate to costs for jobs incurred when the intermediary, in agreement with the client, performs for him other services related to the job that is the subject of the mediation, which do not enter into the usual mediation activities.
The agreed brokerage fee does not include the costs of settling court fees for registration, pre-registration and notary registration, notarial prizes for certification of signatures on documents, payment of fees for obtaining a title deed, copies of cadastral plan, identification, transfer of mortgage, fees for mortgage removal, certificates and other documents in regarding the concluded legal transaction.
The amount of brokerage fees for brokering, purchase, exchange, lease and rental of real estate is charged in accordance with the Brokerage Agreement.
VG nekretnine is entitled to compensation if the spouse, offspring, descendant or parent of the originator concludes a mediated legal transaction with the person with whom the agency of the originator has contacted.
An intermediary is not entitled to a mediation fee if he or she concludes a contract with the principal himself that was the subject of the mediation, that is, if such contract with the principal is made by an agent who performs mediation activities for the mediator.
AMOUNTS OF FEES
The official price list of brokers is harmonized with the Price list of brokerage fees for brokering, published by the Croatian Chamber of Commerce in July 2005. The percentages listed below are paid as brokerage fee
VG nekretnine commission is up to 2% of the real estate purchase price.
The commission is charged to the buyer only if it has been contracted or if the buyer has received a written or verbal order for the real estate demand from the buyer.
In the case where the VG nekretnine has an exclusive brokerage contract, a fee is charged according to the amount agreed and specified in the contract.
VG nekretnine Agency commission is up to 3% of the real estate purchase price achieved.
For commissioners with whom VG Nekretnine has an exclusive brokerage contract, the commission shall be charged according to the amount agreed and specified in the contract.
The commission of VG nekretnine Agency is up to 2 and is charged by each party in exchange, and the percentage is calculated from the value of the property acquired by the foreign exchange
RENT / LEASE
The lease / lease agreement charges a percentage of the monthly rent as follows:
Landlord and landlord commission
100% for rental or lease term of 12-59 months
150% minimum for rent or lease of 60 months (5 years) or more.
There is no charge from the tenant and tenant.
If explicitly contracted, the mediator, in agreement with the client, may provide for him other services in connection with the job that is the subject of the mediation, which exceed the usual costs of mediation, in which case the price of the brokerage hour will be 200 kn.
TERMINATION OF THE CONTRACT
If the contracting parties do not agree on the deadline for concluding the brokerage contract, the real estate brokerage contract shall be deemed to have been concluded for a fixed period of 12 months and may be extended several times by agreement of the parties. which has been concluded if no contract has been concluded within that period, which was mediated or terminated by either of the parties. The principal may cancel the mediation order provided that the revocation is not contrary to the principle of conscientiousness. The cancellation of the order in this regard cannot be a storm with the intention of depriving the intermediary or knowingly damaging the right to compensation. If the Principal, during the duration of the mediation order, or after its revocation, does not exceed two years, by the Mediator concludes a legal transaction with the person with whom the Mediator brought him into contact, or concludes it through another mediator, who has him in connection with the third. a person brought after the Mediator shall be deemed to have acted contrary to conscientiousness (within the meaning of Article 12 of the Law on Obligations) and shall be obliged to fully pay the Mediator's commission. The Principal is obliged to reimburse the Broker for the costs incurred otherwise explicitly agreed to be paid separately by the Principal. If within a period not longer than the duration of the concluded mediation contract after the termination of that contract, the principal concludes legal work, which is predominantly a consequence of the mediator's actions before the termination of the mediation contract, he shall pay the mediator in full.
AVAILABILITY OF THE VG PROPERTY GENERAL TERMS AND CONDITIONS
General Terms and Conditions of VG nekretnine Agency are available at the official premises of VG nekretnine Agency in Velika Gorica, Trg kralja Tomislava 6, on the web site of the mediator www.vg-nekretnine.hr and will be abbreviated in the form of standard brokerage orders (contracts) of the VG Agency Real estate.
GENERAL PROVISIONS AND DISPUTE SETTLEMENT
The provisions of the Real Estate Brokerage Act and the Law on Obligations shall apply to the relations between the Principal and the Agency arising from mediation contracts not regulated by these General Terms and Conditions or by the mediation contract.
The competent court in Velika Gorica is competent for possible disputes.
In Velika Gorica, 20.04.2009.