Meaning of the terms contained in the General Terms of Service
Certain terms in these General Terms have the following meanings:
1. Real estate agent is Magic Adria d.o.o., Prolaz Ante Dukić 2, Kastav, Croatia, a company that fulfills the conditions for conducting real estate transactions specified in the Act on Mediation in Real Estate Transactions (hereinafter: Mediator).
2. A real estate agent is a natural person registered in the Real Estate Brokerage Agency and as such employed by the Mediator (hereinafter: the Agent).
3. Real estate brokerage is the real estate brokerage activities related to the relationship between the buyer and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of a particular property, especially when purchasing, selling, replacing, leasing, leasing,
4. The Contracting Authority is a natural or legal person who concludes a written mediation contract (seller, buyer, leaseholder, leaseholder, lessor, lessee and other potential real estate agents - hereinafter referred to as the Contractor) with the Real Estate Agent.
5. A third person is a legal or natural person who is trying to link the Real Estate Agent with the Contractor to negotiate the legal affairs for which the property is subject (hereinafter: Third Person).
Article 1 Bid
The Bidder's offer is based on the written and / or oral data provided by the property owners offered for sale, purchase, replacement, lease or lease as well as the information contained in the written or oral order of the Provider.
The mediator is not liable for any errors in the description or price of the real estate and is not liable in the event of the resignation of the property owner from a mediated legal transaction.
Article 2 Real Estate Brokerage Agreement
The Real Estate Brokerage Agreement (hereinafter: the Contract) The Mediator undertakes to seek and liaise with the Contractor's Third Person for the purpose of negotiating and concluding a legal transaction on the transfer or establishment of a particular property right and the Contractor undertakes to provide the Mediator pay a certain mediation fee (hereinafter: Fee) if this legal transaction is made.
The contract is concluded in writing and at a specified time.
If the Contracting Parties do not enter into contracts with the Agreement, the Agreement is concluded for a period of 12 months from the date of the conclusion of the Agreement and may be extended by the agreement of the parties several times.
Article 3 Termination of mediation contract
The mediation contract concluded for a specified period shall expire by the expiration of the period for which it is concluded if, during that period, no contract has been concluded for which it has been mediated or canceled by any of the Contracting Parties.
The Contractor is obligated to compensate the Mediator of the costs incurred for which it is expressly agreed to be specifically paid by the Contractor.
If within a period not longer than the term of the Agreement, after the termination of this Contract, the Contractor concludes a legal transaction that is primarily a consequence of the Mediator's activity prior to the termination of the Mediation Contract, it commits the Mediator to pay the Mediation Fee in full, unless the Contract otherwise stipulates.
Article 4 Exclusively mediation
The Contract may require that any Mediator (mediation) not engage in mediated legal business, which obligation must be expressly contracted.
If, during the term of the Contract on Exclusively Mediated Agent, the Contractor made a Mediator through a Mediator other than a Mediator, for which the Mediator was exclusively given a mediation order, he / she must pay to the Mediator the agreed fee / penalty as well as the actual costs incurred during mediation explicitly agreed).
If the contract for exclusive mediation is contracted, the Contractor shall pay the Mediator a contractual fee / penalty as well as the actual costs incurred during the mediation and if he / she independently concludes a legal transaction with a third party during the term of the Contract.
When concluding a contract on exclusive brokerage, the Mediator shall specifically warn the Tenderer of the significance and legal consequences of such clause.
A contract for exclusive mediation concluded for a specified period shall expire upon expiry of the time limit for which it has been concluded if, during that period, no contract has been concluded for which it has been mediated or canceled by any of the Contracting Parties in accordance with the provisions of the Agreement on Excluded Intermediation.
The Contractor is obliged to compensate the Mediator for any costs that were otherwise explicitly contracted to be paid by the Contractor in particular.
If within a period not exceeding the term of the Agreement on Exclusive Mediation, after the termination of this Contract, the Contractor concludes a legal transaction that is primarily a consequence of the Mediator's activity prior to the termination of the Contract on Exclusive Intermediation, it is obliged to pay the Mediator's remuneration in full unless the Contract is otherwise contracted.
Article 5 Obligations of the Mediator
The mediator is obliged to mediate the purchase of a contract, lease or lease agreement, in particular, as follows:
1. Try to find and link with the Provider's legal or physical person for the purpose of concluding a mediated job.
2. Inform the Contractor with the average market price of similar real estate.
3. Perform an insight into documents proving property or other real property rights on the property in question and alert the Investor to:
obvious shortcomings and possible risks associated with unrealized land registry property,
registered real rights or other rights of third parties on real estate,
legal consequences of non-fulfillment of obligations towards third party,
disadvantages of building and operating permits in accordance with a special law,
circumstances and limitations in real estate real estate accordingly
special regulations.
4. Make the necessary actions to present the real estate on the market, advertise the property properly and perform all other transactions agreed upon by the real estate brokerage contract that exceeds the usual presentation, for which the Mediator is entitled to special, pre-stated costs.
5. Enable real estate review.
6. Mediate in negotiations and strive to conclude a contract, if specifically committed to it.
7. Keep the Personal Data of the Submitting Agent and keep the Buyer's Order as a business secret in the Immovable Property Information for which he / she mediates or in connection with this property or the business he mediates.
8. If the subject of the contract is land plot, check the purpose of the land in question in accordance with the regulations on spatial planning relating to the land.
9. Inform the Provider of all the circumstances relevant to the intended business that is known to him or needs to be known.
10. Inform the Registrar of the provisions of the Law on the Prevention of Money Laundering and Financing of Terrorism (OG 87/08).
Article 6 Obligations of the Contractor
By concluding the Mediation Agreement with the Mediator, the Contractor assumes the following obligations:
1. Inform the Mediator of all circumstances relevant to the mediation and provide accurate information on the real estate and, if available, provide the Mediator with the location, construction or usage permit for the property that is the subject of the contract and provide the Mediator with proof of fulfillment obligation towards third party.
2. Give the Mediator access to documents proving his ownership of the property,
or another real right on the property that is the object of the contract, and warn you
brokers on all registered and unlisted cargoes that exist on real estate.
3. Provide to the Mediator and to a third person interested in concluding a mediated business of sightseeing.
4. Inform the Mediator about all relevant information about the property you are looking for, including a description of the property and the price.
5. At the same time, by committing a pre-contract or contract, pay to the Mediator Fee.
6. Repay to the Mediator the costs incurred during mediation that exceed the usual mediation costs.
7. Inform the Mediator in writing about all the business-related changes he is authorized by an agent, and in particular about ownership-related changes on real estate.
The Contractor is not obligated to enter into negotiations with the Third Person to negotiate a mediated business with the intermediary, nor to enter into a legal transaction. The Counterparty will be liable for damages if it has not done so in good faith and is obliged to reimburse all costs incurred during mediation, which costs may not exceed the agreed fee.
The agent will be liable for damages if he has acted fraudulently, if he failed or provided inaccurate information relevant to the mediation business with a view to completing the mediated business.
Article 7 Intermediary Fee
The amount of the brokerage fee is determined by the brokerage contract in percentage of the real estate purchase price achieved, that is, in the case of a lease or lease contract, in the amount of monthly rent or lease, except in the case of a lease or lease concluded for a period of 60 months (5 years) and longer, in which case the mediation fee is at least 150% of the monthly rent or rent.
The Contracted Intermediate Fee covers the execution of all the Mediators referred to in Article 5 of the General Conditions.
In the case of performing activities not covered by Article 5 of the General Terms and Conditions on the Applicant's request, the amount of the mediator's hourly amount is = 350,00 kunas (in words: three hundred and forty).
In the case of performing activities not covered by Article 5 of the General Terms and Conditions on the Request of the Subcontractor, it is obliged to reimburse the Mediator for the spent mediation period and the actual costs of performing such actions.
The mediator is entitled to the Compensation in full simultaneously with the conclusion of the legal transaction for which he has mediated, with the conclusion of a legal transaction, the conclusion of a pre-contract, by which the Contractor and the Third Party committed to enter into a main contract for the purchase, replacement, lease, lease or other contract related to the property that is the subject of mediation.
The Accounter is obliged to pay the Compensation to the Mediator, and when the Third Person referred to by the Mediator by whom the Mediator has brought him into contact, concluded a legal transaction different from the one he mediated, and which legal business achieves the same purpose as mediated legal business or object that is a legal transaction of real estate that is the subject of mediation.
It is considered that the Mediator has enabled the Contractor to engage with a third party if:
immediately took or instructed the Buyer to visit the property in question,
organized a meeting between the Contractor and the Third Contracting Party for negotiation for the conclusion of a legal transaction,
He communicated the name, phone number, fax number, e-mail address of the third party authorized to conclude a legal transaction or the exact location of the claimed property.
Upon termination of the Contract, the Intermediary shall be entitled to the Compensation within a period not exceeding the term of the Agreement and in cases where the Contractor concludes with a Third Person a legal transaction which is primarily a consequence of the Mediator's activity prior to the termination of the Contract.
If the Contractor abandons the conclusion of the mediated business (after the Mediator has submitted an acceptable bid), he shall pay the Mediator the amount of the Contracted Fee.
The Contractor is obligated to pay the Mediator a fee and in the event that the contract for mediated legal business with the Contractor concludes, ie the purchase price, the rent or the price of the lease, is paid by any natural or legal person who is affiliated to any marital, extramarital or relative, or in any other way with a third party, buyer, seller, charterer, lessee, leaseholder or leaseholder that the Mediator has in connection with the Contractor for the purpose of concluding a sales contract or for any other mediated business, whether or not it is related the person himself participated in the negotiations on the conclusion of a sales contract or any other mediated business.
Article 8 Final Provisions
For all that is not explicitly stated under these General Terms, the Act on Real Estate Brokerage, the Mandatory Relationship Act and other legal regulations shall apply.
The general terms and conditions apply from 1 December 2017.
Magic Adria Limited Liability Company for Real Estate Transactions and Services, OIB: 82799010724, Prolaz Ante Dukića 2, Kastav, Croatia
INFORMATION
In accordance with Art. Of the Consumer Protection Act (NN 96/03, NN 79/07, NN 125/07, NN 79/09, NN 89/09, NN 78/12) Magic Adria, Limited Liability Company for Real Estate Transactions and Services , OIB: 82799010724, Prolaz Ante Dukića 2, Kastav, Croatia, to the customers of the mediation services, gives you the right to complain.
Intermediary service users can exercise the right to complain personally at the headquarters of the company or by mail with a registered return receipt.
The complaint will be filed no later than within 15 days.