General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF THE AGENCY LIKVIDUS NEKRETNINE Ltd
(1) The General Terms and Conditions of the real estate Broker (hereinafter: General Terms and Conditions) regulate the business relationship between the real estate agency LIKVIDUS NEKRETNINE Ltd (hereinafter: the Broker) and a natural and/or legal person (hereinafter: the Principal) who concludes a Real Estate Brokerage Agreement with the Broker.
(2) LIKVIDUS NEKRETNINE Ltd, Medulin, Fucane 1a, PIN (OIB): 16748129257 is a licensed real estate agency based on the Decision of the Ministry of Economy and Sustainable Development CLASS: UP/I-330-01/22-01/629, REG. NO.: 517-08-01-01-22-2 of 21 December 2022.
(3) The General Terms and Conditions are an integral part of the Real Estate Brokerage Agreement.
(1) Certain terms and titles within the meaning of these General Terms and Conditions shall have the following meaning:
Real Estate Broker shall mean a real estate agency LIKVIDUS NEKRETNINE Ltd, Medulin, Fucane 1a, PIN: 16748129257.
Real Estate Brokerage shall mean all actions of the Real Estate Broker related to the connection between the Principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions whose subject is a certain property, especially when buying, selling, substitution, renting, leasing, etc.
Property shall mean parcels of the ground surface, together with everything permanently connected to the land on the surface or below it in accordance with the provisions of the Ownership and Other Proprietary Rights Act.
The Principal shall mean a natural and/or legal person who concludes a Real Estate Brokerage Agreement with the Broker (seller, buyer, lessee, lessor, renter, tenant and other possible participants in the real estate transactions).
A Third Party shall mean a person whom the Real Estate Broker seeks to connect with the Principal in order to negotiate the conclusion of legal transactions that are the subject of the property.
Brokerage Fee shall mean the amount that the Principal is obliged to pay to the Broker for brokerage services.
(1) The Broker's offer shall be based on data received in writing and/or orally and/or electronically by the Principal.
(2) The offer and/or property data shall be deemed confirmed by signing the Real Estate Brokerage Agreement between the Principal and the Broker.
(3) The Broker shall retain the possibility of errors in the description and/or price of the property, and the possibility that the advertised property has already been sold and/or rented and/or the owner of the property has withdrawn from the sale of the offered property.
(4) The Agency shall not be liable for errors referred to in paragraph 3 of this Article, except in the case of intentional errors and/or grossly negligent operations of the Agency.
(5) The Agency shall not be liable for errors and/or grossly negligent conduct of the Principal.
(6) The Agency's offers shall be kept by the Principal as a trade secret and may only be communicated to a third party with the Agency's written approval.
(7) If the Principal is already familiar with the property offered to him/her, he/she shall notify the Agency thereof in writing without delay (e-mail, fax, registered letter, etc.)
Property prices are expressed in EUR.
REAL ESTATE BROKERAGE AGREEMENT
(1) By means of a Real Estate Brokerage Agreement, the Broker undertakes to bring into contact with the Principal a third party who would negotiate with him/her the conclusion of a legal transaction, and the Principal undertakes to pay the Broker the brokerage fee, if a legal transaction agreement is concluded.
(2) The Real Estate Brokerage Agreement shall be concluded between the Broker and the Principal. The Real Estate Brokerage Agreement must accurately, truthfully and fully indicate the property data for the needs of the brokerage activity.
(3) The Broker may, at the insistence of the Principal on the basis of his/her oral order, perform the service of advertising the property on his/her web pages and record it in the brokerage log, and when the potential buyer is interested in the property in question, he/she will inform the seller thereof, and sign the Real Estate Brokerage Agreement with him/her if the seller wants to sign it, while otherwise the Broker is not obliged to connect the potential buyer with the seller, all in the event that the Broker does not want to agree to brokerage on the one hand, or to charge his/her brokerage fee to the buyer on the basis of a written or oral order on brokerage with the buyer.
(1) If the property is co-owned by more than one person, written consent (power of attorney) of all co-owners or representatives of all co-owners of the property in the form of acceptance of the Real Estate Brokerage Agreement shall be required.
OBLIGATIONS OF THE BROKER
(1) In order to fulfil the obligation under the Real Estate Brokerage Agreement, the Broker undertakes in particular to perform the following:
1. seek an opportunity to conclude a Brokerage Agreement between the Principal and a third party, with the due diligence of a good businessperson,
2. endeavour to find and bring into contact with the Principal a third party for the purpose of concluding a legal transaction,
3. broker negotiations and endeavour to conclude a legal transaction,
4. acquaint the Principal with the average market price of similar property,
5. warn the Principal of deficiencies regarding the property and with the situation on the market,
6. inspect the documents proving ownership and/or other real rights regarding the property and warn the Principal of obvious deficiencies and possible risks due to the unregulated land registry status of the property, registered real rights or other rights of third parties regarding the property,
7. inform the Principal of all circumstances relevant to the intended business that are known to him/her or must be known to him/her,
8. keep the personal data of the Principal, and, upon the written order of the Principal, keep confidential data regarding the property for which he/she brokers, or in connection with that property or business for which he/she brokers,
9. advertise the property according to the General Terms and Conditions of the Broker for the best possible presentation of the property on the market, and perform other actions that go beyond the usual presentation in agreement with the Principal,
10. broker in the handover of property,
11. if the subject of the conclusion of the Agreement is land, the Broker shall verify the purpose of the land in question in accordance with the applicable regulations on spatial planning relating to that land,
12. enable inspection of the property to the Principal and third parties,
13. the Broker reserves the subjective right not to associate the potential buyer and/or seller with the potential buyer and/or seller if he/she independently assesses that they are irresponsible and frivolous clients,
14. at the request of the Principal, in cooperation with the attorney office, prepare for the Principal a Preliminary Purchase Agreement and/or a Purchase Agreement, Tabular Statement, Proposal for the Registration of Property Ownership Rights with the competent municipal court.
OBLIGATIONS OF THE PRINCIPAL
(1) By signing the Real Estate Brokerage Agreement, the Principal undertakes in particular to perform the following:
1. inform the Broker of all circumstances relevant to the performance of the brokerage service and provide accurate information regarding the property,
2. provide the Broker with all documents proving his/her ownership of the property, or other real right regarding the property that is the subject of brokerage,
3. warn the Broker of all registered and unregistered encumbrances existing on the property,
4. if the property is co-owned by more than one person, the consent of all co-owners or representatives of all co-owners for the sale of the property is required in the form of acceptance of the Brokerage Agreement,
5. provide the Broker and a third party interested in concluding the brokered business with an immediate inspection of the property,
6. inform the Broker in writing of any changes related to the work for which he/she has authorized the Broker,
7. pay to the Broker the brokerage fee in full for the real estate brokerage service in the percentage agreed by the parties regarding the established purchase price of the property, immediately after the conclusion of the first legal act concluded by the Principal with a third party, by which act the Principal was paid the amount in the name of the down payment and/or part and/or the total purchase price of the property,
8. reimburse the Broker for costs incurred during the brokerage, which exceed the usual brokerage costs.
(1) The Broker shall be deemed to have performed a brokerage service if he/she has enabled the Principal to liaise with a third party (natural and/or legal) for the purpose of negotiating the conclusion of a legal transaction, and in particular if:
1. he/she directly took and/or referred a third party (natural and/or legal) to the Principal for the purpose of viewing the property that is the subject of brokerage,
2. he/she organized a meeting between the Principal and a third party in order to negotiate the conclusion of a legal transaction,
3. he/she communicated to the Principal the name, and/or telephone number (landline or mobile), and/or fax number, and/or e-mail of the person authorized to negotiate and/or conclude the legal transaction and/or the exact address of the third party interested in concluding the legal transaction or communicated to him/her the exact location of the requested property,
4. he/she enabled the Principal to contact a third party in any other way that leaves no doubt about the identification of the person authorized to negotiate and/or conclude a legal transaction.
BROKERAGE FEE AND BROKERAGE COSTS
(1) The Broker shall charge a brokerage fee for his/her work in accordance with the agreement of the parties.
(2) The Broker shall charge a fee from the Principal for his/her work in the amount specified in the Real Estate Brokerage Agreement, in accordance with the Agency's price list.
(3) The Broker shall acquire the right to a brokerage fee in the amount specified in the Real Estate Brokerage Agreement immediately after the conclusion of the first legal act concluded between the parties (preliminary agreement or final agreement).
(4) The fee shall cover the normal costs of brokerage, except for costs exceeding the normal costs of brokerage.
(5) The Broker shall also be entitled to the costs incurred during brokerage, which exceed the usual costs of brokerage.
(6) The Broker shall notify the Principal in writing of the costs exceeding the usual costs of brokerage and the obligation to pay them.
(7) The Principal shall be deemed to have agreed to the costs referred to in paragraph 5 of this Article if he/she has not contested them immediately upon receipt of the written notice.
(1) The brokerage fee and costs referred to in Article 10 the Principal is obliged to pay to the account of the Broker within eight (8) days from the date of issuing the invoice.
(1) If the Principal withdraws from the conclusion of the legal transaction during the conclusion of the brokered transaction, he/she shall pay to the Broker the real costs incurred during the brokerage or pay to the Broker the costs of time spent, advertising and other effectively incurred costs.
(1) The Principal shall pay the Broker a brokerage fee in the event that he/she concludes a legal transaction with a person with whom the Broker has connected him/her other than the brokered one, which is of the same value as the legal transaction or which achieves the same purpose as the brokered legal transaction.
(2) The Principal shall pay the Broker the brokerage fee if the spouse, i.e., common-law partner, descendant or ancestor of the Principal enters into a brokered legal transaction with the person with whom the Broker brought the Principal into contact.
(1) The Broker shall be entitled to an advance of the brokerage fee if it is so agreed.
(1) The Broker shall also be entitled to a brokerage fee in the event that it is not explicitly agreed upon in the Real Estate Brokerage Agreement.
(2) The amount of the fee shall be determined by the brokerage tariff, in accordance with Art. 18 of these General Terms and Conditions.
LIABILITY FOR DAMAGES
(1) If he/she breaches the obligation of a trade secret, the Broker shall be obliged to indemnify the injured persons for the damage they have suffered due to the disclosure or non-keeping of the trade secret.
(2) The duty of keeping the trade secret shall not be deemed to be violated if the Broker discloses the data for the purpose of brokerage to the persons with whom he/she seeks to bring the Principal into contact, and this was necessary for the Broker to fulfil its obligation under the Real Estate Brokerage Agreement concluded with the Principal.
(1) The Principal shall be liable for damages if he/she has acted fraudulently, if he/she has withheld and/or provided inaccurate information relevant to the brokerage activities.
(2) The Principal shall be liable for damage in case of intentional or grossly negligent conduct on his/her part, towards the Agency and/or a third party with whom the Agency has connected him/her.
(3) In the case referred to in paragraph 2 of this Article, the Broker and the Principal shall agree on the obligation of the Principal to pay to the Agency all costs incurred during the brokerage, which cannot exceed the brokerage fee for the brokered work.
BROKERAGE SERVICES PRICE LIST
(1) The brokerage fee shall be charged to the Principal, and shall be as follows:
when buying a property - 3% of the value of the property, and if the percentage is less than 3% then the minimum fee is EUR 1,000.00,
when selling a property - 3% of the value of the property, and if the percentage is less than 3% then the minimum fee is EUR 1,000.00,
when renting or leasing property - one-month rent/lease if the agreement is concluded for a period of up to one year or the amount of rent/lease for two months if the agreement is concluded for a period longer than one year or for an indefinite period,
when substituting the property - the commission is charged by each party in exchange, and the percentage is calculated from the value of the property that the party acquired through substitution, the percentage is 3%, and if the percentage is less than 3% then the minimum fee is 1,000.00 EUR.
(4) If the brokerage fee is to be determined per hour of work due to the circumstances referred to in Article 12 of these General Terms and Conditions or for any reason leading to cancellation / termination / other manner of cessation of the Real Estate Brokerage Agreement, then it amounts to 300.00 HRK per hour of work.
(5) The value of the property referred to in paragraph 1 of this Article shall mean the price obtained when concluding the agreement of sale / rent / lease of a property between the Principal and a third party.
(6) Any other services agreed upon with the Principal shall be remunerated in accordance with the agreement concluded between the Principal and the Broker.
(7) The costs of administrative revenue stamps and other fees shall be borne by the Principal.
(1) By means of a Real Estate Brokerage Agreement, the Principal may undertake not to engage any other broker for the brokered legal transaction (exclusive brokerage), obligation of which must be explicitly agreed upon.
(2) If, during the term of the Exclusive Brokerage Agreement, the Principal has entered into a legal transaction through another broker other than the Broker, and for which legal transaction an exclusive broker has been given a brokerage order, he/she shall be obliged to pay to the Broker the actual costs incurred during the brokerage.
(3) When concluding the Exclusive Brokerage Agreement, the Broker shall warn the Principal of the meaning and legal consequences of that provision.
DURATION AND CESSATION OF THE AGREEMENT
(1) The Real Estate Brokerage Agreement shall be concluded for a minimum period of one (1) year and shall cease upon expiry of the period for which it was concluded, unless a brokered transaction has been concluded within that period. The contracting parties may extend the duration of the Agreement an unlimited number of times by means of an annex to the Agreement. The Real Estate Brokerage Agreement may also be concluded for an indefinite period of time.
(2) The parties may terminate the Real Estate Brokerage Agreement even before the cessation of the period for which the Agreement was concluded for a particularly justified reason, exclusively in writing by either party. The notice period for termination is 8 (eight) days from the receipt of the notice. In the event that the Principal terminates the Agreement, he/she is obliged to reimburse the Broker for the brokerage costs incurred. Termination shall be served to the other party in writing, by registered mail with return receipt, at the address of the registered office of the Principal / Broker, in addition to the address specified in the Real Estate Brokerage Agreement. The contracting parties are obliged to notify each other of the change of residence (for a natural person) or registered office (for a legal person) within eight (8) days from the change. The day of delivery of the termination is considered to be the day of delivery to the post office of the registered mail with the return notice of termination. If the parties have exchanged e-mails, listed in the Real Estate Brokerage Agreement, the party terminating the Agreement is obliged to send the termination / cancellation by e-mail as well.
(3) If the Real Estate Brokerage Agreement ceases to be valid through its expiration, the contracting parties shall not have any claims against each other.
(4) If the Principal concludes a legal transaction with a third party himself/herself, he/she shall notify the Broker in writing within 8 (eight) days of the cessation of the brokerage obligation or the termination of the Real Estate Brokerage Agreement. In this case, the Principal is obliged to pay to the Broker the costs of brokerage for which it was otherwise agreed that the Principal should pay them separately.
(1) The Principal shall recognise brokerage even after the expiry of the Real Estate Brokerage Agreement if contact with a third party has been made during the duration of the Real Estate Brokerage Agreement.
(2) If the Principal enters into a real transaction within a period not longer than the duration of the concluded Real Estate Brokerage Agreement after the cessation of that Agreement, and which legal transaction is predominantly a consequence of the Broker's actions, he/she shall pay the Broker a full brokerage fee.
(1) The Broker reserves the right to update or amend the General Terms and Conditions at any time without prior notices, provided that the General Terms and Conditions in force at the time of the conclusion of the Agreement apply to the already concluded brokerage agreements.
(1) Croatian law, primarily the provisions of the Real Estate Brokerage Act and the Civil Obligations Act of the Republic of Croatia, shall apply to relations between the Broker and the Principal and third parties concerned, i.e., those that are not regulated by these General Terms and Conditions or the Real Estate Brokerage Agreement.
(2) In case of litigation, the jurisdiction of the Croatian court shall be determined, namely, the Commercial Court in Pazin.
In Medulin, 21 December 2022
LIKVIDUS NEKRETNINE Ltd