General Terms and Conditions
1. GENERAL PROVISIONS
These General Terms and Conditions regulate the business relationship between the real estate agency VENTO FORTE (hereinunder: the Agency) and the Client (a natural or legal person). Having concluded the Brokerage Contract, the Client acknowledges to have been acquainted and agrees with the provisions hereof.
General Terms and Conditions are an integral part of the Brokerage Contract concluded between the Agency and the Client.
Specific terms in the meaning of these General Terms and Conditions have the following meaning:
Real Estate Agent – real estate agency "VENTO FORTE" i.e. the agent in real estate transactions.
Client is a natural and/or legal person that concludes the Brokerage Contract with the Agency (seller, buyer, leasee, lessor, etc.)
Brokerage in real estate transactions are the Real Estate Agent’s actions related to liaising the Client with the third person, as well as negotiations and preparation for a legal transaction conclusion the subject matter of which is the specific real estate transaction, involving the purchase, sale, substitution, rental, lease and other.
Third party is a person that the Real Estate Agent attempts to link with the Client for negotiations on concluding legal transaction the subject matter of which is a specific real estate.
Brokerage fee is the amount the Client is obligated to pay to the Agency for its real estate brokerage services.
2. REAL ESTATE OFFER
The real estate offer is based on information received by the Agency in writing, verbally or electronically. It is conditioned by signature. The Agency retains the possibility of an error in the real estate description and price, of advertised real estate being already sold (or leased) or withdrawn from sale (or lease) by the owner. The Client shall keep the Real Estate Agent’s offers and notifications confidential. They can be transferred to the third party only with the Real Estate Agent’s written approval. If the Client has already been informed of the real estates that are offered to it by the Real Estate Agent, it is obliged to immediately inform the Real Estate Agent thereof.
The offer and/or real estate information is deemed confirmed by signing the Brokerage Agreement between the Client and the Real Estate Agency.
The Agent shall not be held responsible for any error from the previous paragraph hereof except if made deliberately and/or in case of the Agent's negligent behaviour.
The Agent shall not be held responsible for errors and/or negligent behaviour on the part of the Client.
3. PRICE OF REAL ESTATE
Real estate prices are stated in euro, and payable in HRK counter value according to the CNB midpoint exchange rate on the day of the payment.
4. BROKERAGE CONTRACT
Under the Real Estate Brokerage Contract, the Real Estate Agent undertakes to attempt and connect a third party with the Client for negotiations and conclusion of a specific legal transaction, and the Client undertakes to pay a specific brokerage fee to the Agent if that legal transaction is concluded.
The Brokerage Contract is concluded between the Agent and the Client.
The Brokerage Contract must accurately, truly and fully specify all real estate information for the needs of said brokerage as well as Client's and Agent's obligations.
If the real estate in owned by several persons, the written consent (power of attorney) by all real estate co-owners or their representatives is required as a sign of the acceptance of the Brokerage Contract.
5. OBLIGATIONS OF THE REAL ESTATE AGENT IN THE PROVISION OF BROKERAGE SERVICES DURING REAL ESTATE SALE, PURCHASE, LEASE AND RENT
- to conclude the Brokerage Contract with the Client in a written form;
- to attempt to find and connect the third person with the Client to enter a brokerage transaction;
- to inform the Client of the average market price of the similar real estate;
- to warn the Client of real estate deficiencies;
- to obtain and inspect the documents proving the ownership or other real right on said real estate and warn the Client against: obvious deficiencies and potential risks in relation to unregulated land registry status of the real estate; registered real rights or rights of a third party on said real estate; legal consequences of failing to meet obligations towards a third party; insuficiencies in a building or operating permit pursuant to a separate law; circumstances of mandatory pre-emption right and limitations in legal transactions in line with specific regulations;
- to perform necessary actions to present (presentations) real estates on the market;to advertise the real estate in the manner determined by the agency;
- to enable the review of real estates;
- to keep the Client’s personal information confidential and under the Client’s written order keep as a trade secret information of the real estate under brokerage, or relating thereto or the brokerage transaction;
- to inform the Client of all known circumstances significant for the intended transaction;
- to intervene in negotiations and promote the Contract conclusion;
- to be present during the conclusion of a legal transaction (Pre-Contract and the Contract);
- to be present during the real estate hand over;
- if the subject matter of the Contract conclusion is the land, to check the purpose of said land in compliance with the physical planning regulations; - It is deemed that the Real Estate Agent has enabled the liaison between the third party (natural or legal) and the Client regarding the negotiations to conclude the intended transaction if the Client is enabled to get in touch with the third party with whom the Client has negotiated the conclusion of the legal transaction, and in particular if it has – directly taken or sent the Client to visit the said real estate, - organized a meeting between the Client and the third party for negotiation to conclude the legal transaction; - informed the Client of the name, phone or fax number, or an e-mails of the third party authorized for the conclusion of the legal transaction or has informed it of the exact location of the requested real estate.
6. OBLIGATIONS OF THE CLIENT
- to conclude the Brokerage Contract with the Agent in a written form;
- to inform the Real Estate Agent of all circumstances important for brokerage and to provide accurate real estate information. If in possession, to show to the Real Estate Agent the location permit, building permit or certificate of occupancy for the real estate that is the Contract’s subject matter and to provide to the Real Estate Agent the evidence on compliance with the third party’s obligations;
- to show to the Real Estate Agent documents proving its real estate title, i.e. other real right on the real estate that is the Contract’s subject matter, and to warn the Real Estate Agent of all registered and non-registered encumbrances existing on the real estate;
- to enable the Real Estate Agent and the interested third party to visit the real estate;
- to inform the Real Estate Agent ofall important information about the requested real estate, in particular those regarding the real estate’s description and price;
- after the conclusion of the brokerage legal transaction, i.e. pre-contract under which it has undertaken to conclude said legal transaction, to pay to the Real Estate Agent a brokerage fee, unless otherwise agreed under the contract, unless otherwise agreed, to pay the brokerage fee to the Real Estate Agent;
- if it has been explicitly agreed, to reimburse the Real Estate Agent for the costs incurred during the brokerage exceeding the usual brokerage costs;,
- to inform the Real Estate Agent in writing of all changes regarding the transaction for which the Real Estate Agent was authorized, and in particular of the changes related to the real estate title;.
- The Client shall be liable for damages if it has not acted in good faith, if it has acted fraudulently, if it has hidden or provided inaccurate information essential for brokerage in order to conclude the legal transaction, and shall be obliged to reimburse all costs incurred during the brokerage that may not be higher than the brokerage fee for the transaction for which the brokerage was provided.
7. BROKERAGE FEE
The Real Estate Agent is entitled to the brokerage fee agreed under the Brokerage Contract (hereinunder: Fee).
The Real Estate Agent shall charge the Fee for its work in the amount set under the Brokerage Contract. The Real Estate Agent is entitled to a brokerage fee in full, immediately after the conclusion of the first legal document between the parties (Pre-Contract or the Sale and Purchase Contract).
VAT is charged to the Fee amount.
The Brokerage Fee paid by the buyer for the service of real estate agency is 3(three) percent of the agreed sale and purchase price for said real estate.
If the party offers to pay the brokerage fee higher than the agreed, the Agent is allowed to accept such fee.
The amount of the brokerage fee is freely regulated under the real estate brokerage contract.
The Agent and the Client may agree on the Agent's right to reimbursement of costs required for the performance of brokerage services and the Agent may request the advance for certain costs.
In case of a brokerage during which the Client itself or via a third party has found the interested buyer, the Agent is entitled to, in accordance with its conscience, charge real costs incurred in connection with said agency.
It is deemed that the Real Estate Agent has enabled the liaison between the third party (natural or legal) and the Client regarding the negotiations to conclude the intended transaction ifthe Client is enabled to get in touch with the third party with whom the Client has negotiated the conclusion of the legal transaction, and in particular if it has:
- directly taken or sent the Client to visit the said real estate;
- organized a meeting between the Client and the third party for negotiation to conclude the legal transaction;
- informed the Client of the name, phone or fax number, or an e-mail of the third party authorized for the conclusion of the legal transaction or has informed it of the exact location of the requested real estate.
8. CONTRACT TERMINATION
The Brokerage Contact is concluded for the period of 12 months. It shall be terminated upon the expiry of the period for which it was concluded if within that period no Contract was concluded for which the brokerage was provided or by the cancellation of any of the Contracting parties.The contract can be extended by mutual consent for the period of the next 12 months.
The Client shall recognize the agency after the expiry of the contract if the contact with a third party had been established during contract duration.
If the Client, before the expiry of agreed duration, unilaterally terminates the contract, said Client shall reimburse, within 7 days, all brokerage costs incurred to the Agent until contract termination, which pertain to the cost of advertising, material cost and others if said costs were agreed and incurred.
When the contract expires in due course, the parties thereof shall have no mutual claims. The Client shall reimburse the costs incurred to the Real Estate Agent which were previously agreed to be paid by the Client additionally.
If within 2 years from the termination of this contract the Client enters into a legal transaction that is primarily the result of the Real Estate Agent’s action prior to the Contract’s termination, it shall be obliged to pay to the Real Estate Agent the full brokerage fee unless otherwise agreed under the Contract.
9. COOPERATION WITH OTHER AGENCIES
The Agency is open for cooperation with other real estate agencies which adhere to basic ethical principles (which ban the use of inaccurate business information for the purpose of closing business deals and signing clients, disrespecting other agencies in any way for the purpose of closing business deals and signing clients, unrealistic real estate evaluations for the purpose of closing brokerage deals and eliminating other agencies from the market, public performance for the purpose of self promotion at the expense of other agencies).– Mutual cooperation of agencies shall be in accordance with the Code of Ethics of Real Estate Agents – members of the Real Estate Exchange and members of the Croatian Chamber of Commerce.
10. GENERAL PROVISIONS AND DISPUTE RESOLUTION
The relations between the Client and the Agency resulting from the Brokerage Contract which have not been regulated hereunder nor under said Brokerage Contract shall be regulated under the provisions of the Real Estate Brokerage Act and the Civil Obligations Act. All potential disputes shall be settled by the Municipal Court in Buje.