Licenced Real Estate Agency
Ovlašteni posrednik u prometu nekretnina

T: +385 (0)42 488 402M: +385 (0)98 652 059E: info@euroestate-nekretnine.hr
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General terms and conditions

GENERAL OPERATING CONDITIONS
OF  AGENCY FOR REAL ESTATE MEDIATION
EURO Estate, Varaždin, Zagrebačka 30
    

I   GENERAL REGULATIONS

Article 1.

General operating Conditions (hereinafter referred to as: General Conditions) determine the business relation between Agency for real estate mediation EURO Estate (hereinafter referred to as: Agency) and a physical or legal person (hereinafter referred to as: the Client) who concludes with the Agency a written contract of mediation  in real estate transactions. General Conditions are an integral part of a mediation contract  between the Agency and the Client.


Article 2.

General Conditions are regulated and adjusted with the current law about the Real Estate mediation, the current Law of Obligations, the current Law on Administrative Procedure, with valid Consumer Protection Act as well as other applicable regulations in the Republic of Croatia.  


II   TERMS AND NAMES UNDER THESE GENERAL CONDITIONS 

Article 3.

- AgencyEURO Estate, Agency for real estate mediation, City: Varaždin, street Address: Zagrebačka 30, OIB: 05332544218, MB: 97266647, based on rescript the Ministry of Economy, Labour and Entrepreneurship -  Republic of Croatia, KLASS: UP/I-330-01/11-01/236, REG. NUMBER: 526-05-01-01/2-11-3 is Licensed Real Estate Agency entered in the Register of Real Estate Agencys in Croatia which leads Croatian Chamber of Commerce under the registration number  111/2011 on 03.10.2011.
- Customer: the natural or legal person who is authorized to conclude a written agreement for mediation in real estate (seller, lessor, buyer, lessee, legal authorized representative and other possible participants in real estate traffic) with Agency
- Mediation in real estate: all actions that Agency takes in order to connect the Customer and third parties / persons as well as fulfillment of the mediation process that is the subject of a mediation agreement.
- Third persons: natural or legal persons who Agency tries to connect with the Customer for the negotiation and conclusion of  a legal transaction which is the subject of a mediation agreement in real estate
- Real estate: land properties, along with everything that is permanently connected to the surface or below it in accordance with the general regulations on ownership and other real rights
- Mediation agreement: a written document regulating the relations between the Customer and Agency. Making an agreement on mediation Customer confirms that he is familiar with   these General operating Conditions of Agency. If the Customer  and Agency contractual relationship is defined differently from these General operating Conditions, then apply those terms defined in concluded agreement.
- Mediating commission: amount the Customer is obliged to pay the Agency for mediation services
- Members of the family household the Customer / third person: married or extramarital partner the Customer / third party, even if the marriage took place or the common law marriage began after the conclusion of the mediation, children and adopted children of the Customer / third party, parents, stepmother or stepfather the Customer / third party and all other relatives that at the time of the conclusion of the mediation are living in the same household with the Customer / third party.
- The close physical and legal persons the Customer / third parties: members of management or supervisory bodies and responsible members of society the Customer / third parties, and any other natural or legal persons who because of their rank, legal, contractual or any other connections have the opportunity to be proxies the Customer / third person or if that person instead of the Customer / third parties conclude a legal transaction which is the subject of the mediation agreement between the Customer and Agency.    

  
III   MEDIATION AGREEMENT / CONTRACT

Article 4.

In mediation agreement Agency undertakes to relate with the Customer third person to negotiate with him on the conclusion of the mediation legal transaction, and the Customer shall pay him the agreed agency commission if mediated deal goes ahead.
The mediation agreement (hereinafter referred to mediation agreement) is concluded between the Agency and the Customer in writing.
The mediation agreement must be true, accurate, and with all relevant data for the sale / purchase / exchange / rental / lease of the property.
The mediation agreement concluded for the agreed term which can be repeatedly extended until the fulfillment of contract or consensual or unilateral termination of any of the parties.
Mediation contract Customer unilaterally cancels at least fifteen (15) days before the expiration date if mediation does not want to continue. If the mediation contract does not canceled as described then be extended to the same contracted term. The contract shall be canceled in writing (mail or email).
Each Contracting Party may, for justified reasons mediation contract unilaterally terminate at any time. In the event that Customer unjustifiably terminate the agreement on mediation, the Agency shall reimburse the actual expenses incurred during the mediation, in accordance with the tariff, which is an integral part hereof.     
The Agency may, exceptionally, at the request of individual seller / lessor / lessee property based on its verbal orders, made ​​advertising service for real estate in electronic and other media, and these real estate record in mediation journal, and when for the subject real estate obtains the buyer / tenant / lessee than concluded with the seller / lessor / lessor a written mediation contract and complete the mediation of the subject property. If the seller / lessor / landlord will not want to enter into a contract with the Agency for the subject real estate than Agency is not obliged to relate him  with the interested third party - buyer / tenant / lessee. 


Article 5.

The Agency may refuse to conclude an agreement on mediation with Customer based on their discretion,and in particular:
- If the Customer is a minor, person with reduced or limited work and legal capacity, when a valid authorization / power of attorney of the legal representative of these persons does not exist or is not presented to the Agency,
- If there is reasonable doubt regarding the identity or if the identity of the natural or legal persons can not determine the Customer or given information is untrue,
- If the Customer legal person is in bankruptcy or out of business, the Agency may conclude that it is unable to pay mediation fee or if there is any Customer payment arrears to the Agency


IV   EXCLUSIVE  MEDIATION

Article 6.

In mediation contract Customer can commit to for the mediated deal will not to engage any other agent (exclusive mediation). Exclusive mediation is an obligation that must be agreed upon special agreement on mediation.
If during the term of the exclusive mediation Customer conclude contract for mediated legal work through another Agency, than Customer must pay the Agency, to which hi gave exclusive order for mediation, the actual costs incurred during the mediation. If the mediation fee is not agreed upon, the Customer must pay all actual expenses incurred during the mediation, which can not be higher than the usual market fee for  mediated deal.

At the conclusion of exclusive mediation contract Agency shall specifically warn the Customer of the legal consequences of such a contract.


V   AGENCY  OBLIGATIONS

Article 7.

Agency is obliged to perform in particular the following:
1. find and bring third person to the Customer to conclude the mediation process;
2. give an opinion on the market value of the property and meet the Customer with her;
3. introduce  the Customer with the shortcomings of real estate;
4. to check the documentation necessary for the validity of the mediation process;
5. make access to documents proving ownership of the property and warn the Customer to the obvious deficiencies in the documents;
6. introduce  the Customer with all the legal, tax and other obligations resulting there from  legal work regarding the property;
7. do necessary actions for presentation  real estate on market, advertise the property in a proper way, as do all other activities agreed upon exceeding the usual presentation, for which actions Agency has   the right to a specific, pre-denominated costs
8. provide an overview of the real estate;
9. mediate in the negotiations and try to reach a contract, if it so specifically committed,
10. keep the Customer personal information and other information provided by the Customer as a trade secret;
11. notify the Customer of any circumstances relevant for the intended business known to him, or he should be familiar.

It is considered that the Agency provided to the Customer relationship with a third party to conclude the mediation process, if enabled the Customer the connection with a third person (natural or legal) with which it negotiated a deal, especially if it is directly took theCustomer or third parties on a tour of the property, arranged a meeting between the Customer and the third party to negotiate the mediation legal work; inform the Customer about the name, telephone number, fax or e-mail third person authorized to enter into a legal transaction or gave the Customer or third person the exact location of the property.

Article 8.

The Agency is obliged to keep confidential all the information he obtains in the mediation, which are related to the Customer and the property being mediated or in connection with the property or business for which mediates or which conclude on the basis of special powers.
If Agency violates  obligation of professional secrecy, Agency is obliged to pay damage to injured parties, which is arising from disclosure or keeping the secret.
It is not considered to be violated the duty of professional secrecy if Agency detects the data about the Customer and his property to persons with whom the Customer seeks to relate, and it was necessary to Agency  fulfilled his obligation under the mediation contract concluded with the Customer.
Agency may exceptionally in the name and for the account of the Customer to conclude mediated legal work only if Customer has issued a special power of attorney to Agency.
When selling a property which is owned by more people is required written consent of all co-owners or representatives of all joint owners in the form of accepting mediation agreement.


VI   CUSTOMERS OBLIGATIONS

Article 9.

In mediation agreement Customer agrees to do the following in particular:

1. to introduce Agency with all circumstances and accurate informations about the property that are important for the performance of the mediation and if it has to give evidence of the location, building, or use permit for the property that is the subject of the mediation contract and to submit proof of compliance obligations to third parties;
2. to give Agency evidence of the documents confirming the ownership of the property or other right over the property that is the subject of the contract and alert Agency to all registered and unregistered loads that exists on the property;
3. to provide Agency  and third persons interested in concluding the mediation process seeing real estate;
4. to notify the Agency of all relevant information on the requested property which specifically includes a description of the real estate and price; (in case when the property seeks)
5. After concluding mediated legal work, to pay the agency fee;
6. If it is expressly agreed to pay the Agency for expenses incurred during the mediation that exceeding the usual costs of mediation;
7. to inform the Agency in writing of any changes related to the job for which has authorized Agency, and in particular the changes associated with the ownership of the property.
   
The Customer  is not obliged to enter into negotiations for the conclusion of the mediation process with a third party found by the Agency, or enter into a legal transaction and  a contractual provision that is agreed otherwise, is null and void. The Customer will be responsible for damage if he did not act in good faith and shall reimburse the Agency for all expenses incurred during the mediation, which can not be higher than the agreed fee for  mediated deal.

   
VII   MEDIATION FEE / COMMISSION

Article 10.

or services relating to the sale, exchange, lease and rental of real estate to Agency belongs mediation fee, which regulates mediation contract between the Customer and Agency.
Agency is obliged to charge the agency fee which is set forth in the mediation contract, in the Mediation Act and tariff Croatian Chamber of Commerce. Mediation fee prices are an integral part of these General Terms and Conditions. If in the mediation contract contracted mediation fee is different  than the mediation fees from the price list which is an integral part of these General Terms and Conditions, then the Agency calculate agency fee which is contracted in concluded mediation contract between the Customer and the Agency.
Agency charges fee to the agreed percentage or in absolute amount as defined by the mediation contract or tariff from these general terms and conditions and at a time when it is concluded first mediated legal business (pre-contract agreement) or at the moment that defined the signed mediation contract between the Customer and Agency.
In the case of mediation, in which the Customer alone or through a third party found the person of interest for the mediated deal, Agency may, in accordance with his conscience, charge the actual costs incurred in relation to the subject of mediation.

Article 11.

If the Customer itself offer Agency fee higher than contracted, Agency may receive such an award under the condition that it is not obviously disproportionate to its services, with the outcome of his work and financial situation of Customer.
Agency may negotiate the right to compensation for expenses necessary for the execution of the order and ask for an advance payment for certain costs in accordance with the price list of these General Terms and Conditions.
Agency has the right to the contracted fee when Customer concludes with a third party with which it is brought into connection, legal work that is different from mediated  deal, which achieves the same or similar purpose as the mediated  work (eg instead of a real-estate purchase Customer and third parties reach an agreement on the exchange, lease, rental property, etc.).
Agency has the right to the contracted agency fee if within 20 months from the date of termination or termination of contract on mediation Customer enters into a legal business which is mainly the result of mediator action before the termination of the mediation.


VIII   OFFER AND REAL ESTATE PRICES

  Article 12.

Agency real estate offer is based on data that is receives in writing and verbally by the Customers. Real estate offer is available to interested third parties in the office of Agency, in electronic and other media.
There is a possibility of error in the description and price of the property and the possibility that the advertised property has already been sold, rented, leased, or the property owner abandoned the sale / lease / rent their properties.
Our offers and notifications the Customers must keep confidential and may be only with our written approval  transferred to a third party.
If the recipient of our offer is already familiar with real estate that we offered him, recipient is obligated to us to immediately notify in writing, by electronic mail (e-mail), fax or registered mail.
Property prices are often denominated in EUR, it can be expressed in kunas on a day issuing offers to interested third parties, and are payable in accordance with the agreement between our Customers and third persons concerned.   


IX  PRICES AGENCY FEES AND SERVICE FEES


Article 13.

Agency commission (fee) for the sale, purchase, exchange, lease and rental of real estate:
NOTE: Agency at prices expressed mediation fees and services not calculate VAT because it is not in the VAT system (based on Article 22, paragraph 1 of the Law on Value Added Tax).

PRICE  LIST

PURCHASE/SALES
The commission is charged as a percentage of the total agreed amount of the purchase price or from the value of the property in exchange.
SELLING
Commission when selling real estate
(charged from the Customer / Seller)
of 2% - 3 %, but not
less  then 5.500,00 kn
BUYING
Commission when buying real estate.
(charged from the Customer / Buyer)
Commission is charged from Buyer if it is contracted or Agency received from
the Customer / Buyer a written or verbal request to search for properties.
of 1 % - 3 %, but not less
then 5.500,00 kn
SUBSTITUTION / EXCHANGE REAL ESTATE
When substitution / exchange real estate, commission is charged from each side / party in substitution,
percentage is calculated from the value of the property which  contracting party received in the substitution / exchange.
of 2 % - 3 %, but not
less then 5.500,00 kn



RENT  AND  LEASE
RENTAL  AND  LEASE – commission from the renter / lessor, once
Percentage of the monthly rent / lease
100%for the agreed rent / lease up to 18 months or for an indefinite period
130%for the agreed rent / lease of 19 to 59 months
160%for the agreed rent / lease of 60 months and more
RENT AND LEASING – commission from the tenant / lessee
Percentage of the monthly rent / lease
100%for the agreed rent / lease up to 18 months or for an indefinite period
130%for the agreed rent / lease of 19 to 59 months
160%for the agreed rent / lease of 60 months and more



OTHER  SERVICES
Business consulting and engagement of a mediator250,00 kn / hour
* The service of raising land registry extract, a copy of the cadastre plan, the title deed or other document in state administration bodies, local and regional agencies in the seat of Agency125,00 kn
* The service of raising land registry extract, a copy of the cadastre plan, the title deed or other document in state administration bodies, local and regional agencies outside the main office of Agency125,00 kn/hour
+ 2,50 kn per traveled kilometer

* the price of services does not include  administrative fees  for raising mentioned documents




Service packages for mediation in real estate, for the buyer / customer (if buyer / customer services wants or needs). The commission is charged as a percentage of the total agreed amount of the purchase price or from the value of the property in exchange:

ESTATE 1ESTATE 2ESTATE 3
COMMISSION1 % (contractual obligation)COMMISSION2 % (contractual obligation)COMMISSION3 % (contractual obligation)
LIST OF SERVICESLIST OF SERVICESLIST OF SERVICES

  • raising the land registry extract prior to the signing of the purchase / sales contract or pre-contract
  • raising the analytical card of real estate redemption (if the property is in redemption process)
  • contract for intermediation with EURO ESTATE (agency)
  • right to compensation in an insured case
  • drafting a proposal for registration of property rights in land registry


  • raising the land registry extract prior to the signing of the purchase / sales contract or pre-contract
  • raising the analytical card of real estate redemption (if the property is in redemption process)
  • contract for intermediation with EURO ESTATE (agency)
  • right to compensation in an insured case
  • delivery of a letter of intent bank lenders / creditors
  • coordination of disbursement / closing / offsetting mortgage
  • subscription of a mortgage in benefit of the creditor
  • delivery of the decision on registration of the mortgage and land registry extract
  • drafting a proposal for deletion of mortgage
  • drafting a proposal for registration of property rights in land registry
  • raising belief about the status of particle / real estate (required for registration of ownership rights)
  • translation of the purchase documentation


  • raising the land registry extract prior to the signing of the purchase / sales contract or pre-contract
  • raising the analytical card of real estate redemption (if the property is in redemption process)
  • contract for intermediation with EURO ESTATE (agency)
  • right to compensation in an insured case
  • collecting and delivery of all real estate documentation to the buyer
  • delivery of a letter of intent bank lenders / creditors
  • coordination of disbursement / closing / offsetting mortgage
  • subscription of a mortgage in benefit of the creditor
  • delivery of the decision on registration of the mortgage and land registry extract
  • drafting the proposal for deletion of mortgage
  • drafting a proposal for registration of property rights in land registry
  • raising belief about the status of particle / real estate (required for registration of ownership rights)
  • update (edit) of data in land registry extract
  • handover of real estate
  • transfer of all overhead costs from the seller to the buyer
  • translation of the purchase documentation

* administrative fees and verifications pays the buyer* administrative fees and verifications pays the buyer* administrative fees and verifications pays the buyer

** Buyer pays (except the above mentioned):
• court fee for entry of ownership in the land register
• the cost of verifications of the sales contract or sales pre-contract
• the cost of verification of the loan agreement
*** The buyer always has the option of choosing a more extensive service package, switching to a lower service package after selecting a specific package of services is not possible.


NOTICE: On expressed intermediary fees and services in the table above Agency must calculate VAT (25%) because Agency is from 01/01/2017. in the VAT system.


X   FINAL REGULATIONS

Article 14.

For all other relations that are not governed by these General Terms or Mediating contract, shall apply the provisions of the Real Estate Brokerage Act  and the provisions of Law on Obligations.
In the case of any dispute arising from the of mediation contract between the parties, which could not be resolved by agreement, shall be competent the Municipal Court in Varazdin, unless the parties concerned agree otherwise.
These terms and conditions are published on the official website of the mediator www.euroestate-nekretnine.hr  and are available in the official premises of the mediator.
All amendments to these General Terms mediator will draw up in writing and publish it on the way in the preceding paragraph.
These terms and conditions mediator shall apply of 1st January 2017.

   
In Varaždin, on 31st December 2016.



for EURO Estate    
Davorin Tisaj, master of economics, licensed agent and Agency owner 
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