GENERAL TERMS FOR MEDIATION
REAL ESTATE AGENCY "PERLA NEKRETNINE d.o.o."
Clause 1
The general terms and conditions of business establish the business relationship between the real estate agency Perla nekretnine d.o.o. as an Intermediary (hereinafter: Intermediary) and the seller (private or legal persons, hereinafter: instructing party)
By concluding the Mediation Agreement, the Instructing Party confirms that he is familiar with and agrees with the provisions
business terms of the Real Estate Agency Perla nekretnine d.o.o.
Clause 2
Individual terms and names in terms of these General Terms and Conditions have the following meaning:
- The real estate Intermediary is Perla nekretnine d.o.o. Zadar, Stjepan Radić 42e, Zadar
OIB:43208354117, which fulfills the conditions for mediation in real estate transactions
according to the Law on Mediation in Real Estate Transactions.
- A real estate mediation agent is a private person who is registered in the Directory of Agents, mediation in real estate transactions and as such employed by the Intermediary (hereinafter: Agent).
- Mediation in real estate transactions are the actions of the Real Estate Intermediary, including: connecting the Instructing Party and a third party, as well as negotiations and preparations for the conclusion of legal transactions related to the real estate, especially when buying, selling, exchanging, renting, leasing, etc.
- The Instructing Party is a private or legal person who enters into a written contract with the Real Estate Intermediary on mediation (seller, buyer, lessee, lessor, lessor, lessee and others possible participants in real estate transactions - hereinafter: Instructing Party).
- The third person is the person whom the Real Estate Agent tries to connect with the Instructing Party, negotiates the conclusion of legal transactions related to the real estate (hereinafter: Third person).
- Intermediary fee is the amount that the Instructing Party is obliged to pay to the Intermediary for mediation services.
- Real estates are pieces of land, including everything that is permanently attached to the land surface or below it, in accordance with the provisions of the general regulation on ownership and other rights.
OFFER
Clause 3
The offer is based on the information we receive in writing and verbally from the Instructing Party.
There is a possibility of an error in the description and price of the property and the possibility that the property has already been advertised, sold, rented or the owner of the property has given up the sale, and that in such cases the intermediary does not
bears any responsibility.
Offers and notifications must be kept by the recipient (Instructing Party) as a business secret and only with our signature of approval, the real estate may be transferred to a third party.
If the recipient of the offer is already familiar with the real estate we have offered them, they are obligated to inform us without delay about this in writing, via electronic mail (e-mail), fax or registered letter.
MEDIATION AGREEMENT
Clause 4
With the mediation agreement, the Intermediary undertakes to put in contact with the Instructing Party a person who would work with them to negotiate the conclusion of a sales contract, and the Instructing Party undertakes to pay the Intermediary a certain amount
intermediary fee, if the sales contract is concluded. Agreement on mediation is concluded between the Intermediary and the Instructing Party. Essential data for the sale/purchase of real estate must be truthfuly and accurately indicated in the mediation agreement. By signing of the mediation agreement, the Instructing Party confirms that they are familiar with and agrees with the provisions of Real estate agency Perla nekretnine d.o.o.
OBLIGATIONS OF THE INTERMEDIARY
Clause 5
By signing the agreement on mediation in real estate transactions, the Intermediary undertakes to perform the following:
-
- to try to find and bring in contact with the Instructing Party and a third person in order to conclude a real estate deal,
- inform the Instructing Party of the average market price of similar real estate,
- obtain and inspect the documents that prove ownership or other real right to the property in question,
- perform the necessary actions to present the property on the market, advertise the property on the real estate market in an appropriate manner and perform all other actions agreed upon in the mediation contract, show the properties that exceed the usual presentation, for which he has the special costs may apply,
- enable the inspection of real estate,
- mediate in negotiations and try to conclude a contract, if specifically requested obliged,
- keep the Instructing Party's personal data and, upon the Instructing Party's written order, keep it as business data confidential information about the real estate for which he mediates or in connection with that real estate or with the work for which mediate,
- if the subject of the contract is land, check the intended purpose of the land in accordance with to the spatial planning regulations that refer to that land,
- inform the Instructing Party regarding all the circumstances important for the intended work that are known to him or they must be known to him,
- inform the Instructing Party about the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (Official Gazette 87/08).
It is considered that the intermediary provided the Instructing Party with a connection with another person (private or legal) of negotiation for concluding a mediated deal, if it is possible for the Instructing Party to get in touch withanother person with whom he negotiated to enter into a legal transaction, especially if:
- directly took or instructed the Instructing Party or a third person to view the property in question;
- inform the organized a meeting between the Instructing Party and the other contracting party for the purpose of negotiating the conclusion legal work;
- informed the Instructing Party of the name, phone number, fax number, e-mail of another person authorized to conclude legal business or communicated to him the exact location of the requested real estate.
Mediation is considered to be complete if the contract was concluded with members of the buyer's family brought by an intermediary or with a company in which that person has influence.
Mediation is considered to be complete in the event that after the expiration or termination of the mediation agreement in during the following 12 months, conclude a legal transaction that is a consequence of the intermediary's actions during the duration of the contract.
OBLIGATIONS OF THE INSTRUCTING PARTY
Clause 6
With the agreement on mediation in real estate transactions, the Instructing Party undertakes to perform the following in particular:
to perform the following in particular:
-
- inform the Intermediary about all the circumstances that are important for carrying out the mediation and present them accurate information about the property, and if it is owned, provide the Intermediary with location, construction, that is, the use permit for the real estate that is the subject of the contract and give it to the Intermediary for inspection evidence of fulfillment of obligations towards the Third Party,
- provide the Intermediary with documents proving his ownership of the real estate, i.e. otherthe real right to the real estate that is the subject of the contract and to warn the intermediary about all registered and unregistered encumbrances existing on the property,
- provide the Intermediary with a written consent of the other spouse or common-law partner with certification signed by a notary public, in accordance with the Family Law NN103/15,
- provide the Intermediary with an energy certificate for inspection, or create the same in case it is sold real estate for which it is required in accordance with the Construction Act NN 153/13, 20/17,
- provide to the Intermediary and a third party interested in concluding the mediated deal property viewing,
- inform the Intermediary about all relevant information about the requested real estate, which especially includes the description real estate and price,
- after concluding the preliminary contract, pay the Intermediary Fee,
- compensate the Intermediary for costs incurred during the mediation that exceed normal mediation costs,
- inform the Intermediary in writing about all changes related to the work for which it is authorized the intermediary, especially on changes related to ownership of real estate.
The Instructing Party is not obliged to enter into negotiations for concluding a mediated deal with a Third Party who the Intermediary found, nor conclude a legal deal. The Instructing Party will be liable to the intermediary for damages, if they did not act in good faith and is obliged to compensate all costs incurred during the mediation, which cannot be less than 1/3 nor greater than the agreed Fee.The Instructing Party will be liable for damages if he has acted fraudulently, if he has withheld or provided incorrect informationessential for mediation work in order to complete the mediated work.
INTERMEDIARYAGE FEE
Clause 7
The Intermediary for mediation is entitled to the mediation fee agreed in the mediation contract (in hereinafter: compensation). The Intermediary is obliged to charge a certain amount of compensation for his work mediation agreement. The Intermediary acquires the right to mediation compensation in full, directly after the conclusion of the first legal act concluded by the contracting parties.
The fee is paid to the agency at the time of signing the Pre-Contract or the Real Estate Purchase Agreement two contracting parties, i.e. after payment of the first amount on behalf of the purchase.
The amount of Intermediaryage commissions for mediation during purchase, exchange, lease and
rental of real estate is charged in accordance with the Law on mediation in real estate transactions.
The Agency can contract the right to compensation for the costs necessary for the execution of the order and request that it advance funds for certain expenditures for expenses.
The Instructing Party is obliged to pay the Fee even when he is with a Third Party, indicated to him by the Intermediary and with with which the Intermediary brought him into contact, concluded a legal transaction different from the one for which it was mediated, and
which achieves the same purpose as the mediated business or the object of which is real estate which is the subject of mediation.
The agency has the right to compensation if the spouse or common-law partner, family of the Instructing Party, or company on which that person has influence conclude a mediated legal deal with the person with whom the agency is brought the Instructing Party into contact.
If the Instructing Party withdraws during the conclusion of the mediated deal (after the Intermediary submitted an acceptable offer) is obliged to pay the amount of the agreed Fee to the Intermediary.
TERMINATION OF CONTRACT
Clause 8
An agreement on mediation concluded ends after the period of time specified on the contact, if the real estate was not sold in the time period stated in the contract.
If the contracting parties do not agree on the term for which they conclude the mediation contract, it is considered that the contract is of mediation concluded for a specific period of 12 months and can be repeated by agreement of the parties extend.
The Instructing Party and the Intermediary are obliged to cancel the Intermediation Agreement no later than 15 (fifteen) days before the expiration of the term for which the contract was concluded, if they do not want to continue the contractual relationship
mediation, but under the condition that at the time of contract cancellation, negotiations with a third party are not ongoing to a person for the purpose of concluding a legal transaction on the mediated real estate, i.e. that the procedure is not ongoing
conclusion of pre-contracts or contracts in connection with the real estate for which it is being mediated.
The contract is canceled in writing. If the Instructing Party or the Intermediary does not cancel the mediation agreement within the specified notice period, the contract is considered extended for the period defined in the mediation contract.
The Intermediary and the Instructing Party may cancel the Agreement at any time in the event of an extended contract duration, but on the condition that at the time of contract cancellation there are no ongoing negotiations with a third party for the purpose conclusion of a legal transaction on the real estate for which it is being mediated, i.e. that the conclusion procedure is not in progress pre-sale contract or sales contract related to the real estate for which it is being mediated.
When the contract ends due to the expiration of time, the contracting parties have nothing against each other claims.
If within 12 months after the termination of that contract, the Instructing Party concludes a legal transaction that is overwhelming
consequence of the Intermediary's actions before the termination of the mediation contract, he is obliged to pay the Intermediary intermediary fee in full, unless otherwise agreed in the contract.
FINAL PROVISIONS
Article 9.
For relations between the Intermediary and the agency and other people concerned, which are not regulated by this general conditions or mediation agreement, the provisions of the Act on Mediation in Traffic shall apply real estate, the Obligations Act and other valid regulations.
The disagreements shell be resolved by the competent Court for legal disputes in Zadar, unless otherwise agreed.
The general conditions apply from 01.11.2022. years
Perla nekretnine d.o.o.
NOTICE REGARDING COMPLAIN SUBMISSION
As per Art. 10 of the Consumer Protection Act (Official Gazette No. 41/14), we inform you that, if you have complaints regarding the service provided, you may send a written complaint by mail to the company's address:
Perla nekrenine d.o.o., Stjepana Radića 42e, 23000 Zadar,
or via electronic mail to e-mail: info@perlanekretnine.hr
We will respond to your complaint in writing within 15 days of receiving it.
Perla nekretnine d.o.o.