General terms and conditions
VAŠ DOM- FOR REAL ESTATE AND SERVICES, PETRINJA, TURKULINOVA 51
PIN 04449389569, www.vas-dom.hr, firstname.lastname@example.org
GIRO ACCOUNT ERSTE BANK D.D. HR0624020061140196411GENERAL TERMS AND CONDITIONSGENERAL TERMS
The general terms and conditions regulate the business relationship between the Agency VAŠ DOM as a broker and a mandator (a natural or a legal person). By entering into the Brokerage agreement, the mandator confirms that he acknowledges and he agrees to the terms and conditions of the Agency VAŠ DOM.MANDATOR
A mandator is, according to these terms and conditions, a legal or a natural person who is the signatory of the Brokerage agreement or the Mandate contract. OFFER
The offer of the Agency VAŠ DOM contains information about real estates and mandators in writing. The Agency VAŠ DOM reserves the possibility of error/mistake within the description and price of the real estate which may arise due to erroneous given data by the mandator or due to changes of a conditions of sale which were not delivered to the agency in writing, and the possibility that the advertised real estate has already been sold (or rented out) or the owner has quit the sale (or the rent/lease) without notifying the Agency VAŠ DOM.
The recipient (mandator) shall keep offers and notifications of the Agency VAŠ DOM as a business secret and is allowed to transmit them to a third parties only with a written consent of the Agency.
If the recipient of the offer is already familiar with the real estates that the Agency VAŠ DOM offered him, he shall notify such fact to the Agency without delay.OBLIGATIONS OF THEAGENCY VAŠ DOM
The Agency shall
1. conclude a Brokerage agreement with the mandator in writing (standard or exclusive);
2. inform the mandator about the average market price of a similar real estate;
3. review the documents proving the ownership or another real right on the real estate in question and advice the mandator about obvious insufficiencies and potential risks due to unregulated land registry status of the property;
4. warn the mandator of legal and physical insufficiencies of the real estate;
5. perform all necessary actions in order to place (present) the property on the market and to advertise it in the way defined by the Agency;
6. attempt to find and put in contact with the mandator a third party who would negotiate with him the conclusion of the sale agreement (exchange contract or similar), rent or lease of the real estate. In accordance with these conditions the third party is defined as the owner of the real estate, the representative of the owner, i.e. the members of the owner's family, the buyer, the lessee, the representative or a member of the buyer's family or lessee's family.
7. the broker shall find the opportunity for entering into agreement with a due care and put the mandator in contact with the third party interested in entering into agreement, and will attempt to reach the conclusion of a legal transaction for which he/she has concluded a Brokerage agreement with the mandator. The broker does not commit to mediate in the negotiations;
8. preserve the personal data of the mandator and keep it as a business secret, according to the written mandate of the mandator, the real estate data for which he/she negotiates or regarding that real estate or the business in question;
9. if the subject matter of the contract is a land, verify the purpose of the land in question in accordance to spatial planning legislation which refers to that land and advise the interested parties about it;
10. in accordance to the agreement with the mandator the Agency VAŠ DOM will provide the mandator with a project documentation, Decision on derived status, Decision of forming a building plot, all in colaboration with verified designers, surveyors, lawyers, but only if expressly agreed;
11. in accordance to these conditions, the Agency VAŠ DOM has put the mandator in contact with the third party (natural or legal) if the mandator is allowed to establish contact with the third party with whom he has negotiated a conclusion of a legal transaction, especially if he/she:
- has directly taken or sent the mandator or the third party on a tour of the property in question;
- has organized a meeting between the mandator and other parties in order to negotiate a conclusion of a legal transaction;
- has provided a mandator with a name, a phone number, a fax number, an e-mail address of the third party authorized to conclude a legal transaction or has provided him with the exact location of the property in question;
- has presented to the mandator the real estate data, for instance the location, the ownership data etc.MANDATOR’S OBLIGATIONS (seller, buyer, lessor)
The mandator shall:
1. Conclude the Brokerage agreement with the Agency VAŠ DOM, in writing, standard or exclusive contract
2. Inform the Agency VAŠ DOM about all circumstances which are important for the execution of the negotiation and to deliver accurate property data, and if in possession, deliver to the broker the building permit, i.e. a certificate of occupancy for the property and/or Decisions which prove the legality and/or the usability of buildings which are the subject matter of the contract and deliver to the broker the evidence of fulfillment of obligations towards the third party.
3. Deliver to the broker the documents proving his ownership on the property, or another real right on the property which is the subject matter of the contract and warn the broker of all the encumbrances on the property. If the mandator is a legal person, deliver to the broker the evidence that the natural person who is the signatory of the mandate is authorized to represent a legal person.
4. Provide the Agency VAŠ DOM and a third party interested in concluding a business with a tour of the property with the presence/escort of the employee of the Agency VAŠ DOM
5. Inform the Agency VAŠ DOM in writing about all new relevant data of the property in question which especially includes a description, an ownership status and a real estate price
6. Reimburse the Agency VAŠ DOM for costs incurred during the negotiation which exceed the usual negotiation costs,
7. The mandator will be responsible for damages, if not acted in good faith, if acted fraudulently, if failed or provided incorrect data relevant for the negotiation business in order to complete the legal transaction and shall reimburse the Agency VAŠ DOM for all costs incurred during negotiation, as well as for all court costs, lawyers' costs, and court fees.
8. If the mandator finds a person on his own and concludes a legal transaction, he shall inform the broker of the conclusion of a legal transaction of the negotiated real estate and indicate the name of the person with whom he has concluded the legal transaction in writing or orally within 7 (seven) days.REALIZATION OF RIGHTS TO A COMMISSION
The broker is entitled to charge the broker’s commission (fee) at the time of concluding a legal transaction between the Mandator and a third party for which he has negotiated, i.e. by signing the Pre-contract or the Contract, unless the Pre-contract, by which the Mandator has undertaken to conclude the negotiated business, has not been concluded.
The legal transaction is considered to be concluded when the Mandator and the third party have agreed on the subject matter of the contract and the price, i.e. at the time of concluding a contract, pre-contract and/or making a deposit for the negotiated legal transaction. Subject to these conditions the negotiated legal transaction shall also be deemed as concluded when the Mandator concludes a contract, a pre-contract and/or makes a deposit to a third party with whom the broker has put him in contact, for properties owned by a third party or members of its family, although such persons are not expressly mentioned in the Brokerage agreement.
The brokerage commission includes cumulatively all the costs incurred by the broker during negotiation, and by charging a brokerage commission the broker loses the right to charge these costs.
This does not apply to the costs of transactions incurred when the broker in agreement with the contractor also carries out for him other services relating to the business which is the subject of negotiation, and which do not form part of the usual negotiation activities.
The agreed brokerage commission does not include the costs of court fees for registration, pre-registration and annotation, notarial fees incurred during legalization of signature on documents, settlement of fees in order to obtain the title deed, a copy of the cadastral plan, an identification, mortgage removal fees, certificates and other documents related to the completed legal transaction.
The Agency VAŠ DOM can arrange the reimbursement for the expenses necessary for the execution of the mandate and request the funds for certain expenses, i.e. costs, in advance.
The Mandator shall to pay the commission to the Agency VAŠ DOM even when he has concluded, with the person with whom the agency has put him in contact, a legal transaction different than the one for which it has been negotiated, which is of the same value as the legal transaction, i.e. with which is achieved the same purpose as with the negotiated legal transaction.
The Agency VAŠ DOM has a right to a commission if the spouse, an extramarital partner, a descendant or the mandator’s parent concludes a negotiated legal transaction with the person with whom the Agency has put the mandator in contact.PERSONAL DATA PROTECTION
The personal data of the mandator are processed and kept in accordance with the legislation on personal data protection.COMMISSION AMOUNTPURCHASE
The fee is charged to the buyer if agreed or if the Agency VAŠ DOM has received a written or oral mandate for demand of the real estate by the buyer.SALE
The fee of the Agency VAŠ DOM is 2-4% of the agreed amount of the sale price of the real estate. When the Agency VAŠ DOM has an exclusive brokerage agreement with the mandator the fee is charged according to the amount agreed in the exclusive contract.EXCHANGE
The fee of the Agency VAŠ DOM is 2-3%, and is charged to every party in the exchange, and the percentage is calculated on the value of the real estate which the party acquired by exchange, if not otherwise agreed.RENT/LEASE
In the case of a Rent/lease contract the Agency VAŠ DOM charges the lessor/leaser, lessee/leaser a 100% of the price of a one month’s rent regardless of the agreed period.TERMINATION OF AGREEMENT
The mandators can terminate the Brokerage agreement before agreed time limit has passed for justified reasons only.
The mandator undertakes, in case of termination, to reimburse the Agency VAŠ DOM for all the costs which it has had regarding the transaction in question, and which cannot be higher than the brokerage fee in the Contract.
If within a period of one year of termination of Brokerage agreement the mandator concludes a legal transaction with the person with whom the Agency VAŠ DOM has put him in contact, he shall pay the Agency VAŠ DOM the entire agreed fee.
This obligation applies to all persons who are in a blood, friendship, marriage, extramarital or other relationship with a person who has been put in contact with the mandator or the negotiated real estate by the Agency VAŠ DOM.GENERAL TERMS AND RESOLUTION OF DISPUTES
The terms of the Law on Mediation in the Real Estate and the Law on Obligations shall apply to the relations between the mandator and the Agency VAŠ DOM arising out of the brokerage agreements which are not regulated by these General terms and conditions nor the brokerage agreement.
A competent court is responsible for potential disputes that the Contracting parties fail to resolve by themselves.
In Petrinja, on 20/05/2018
Owner of the Agency Vaš dom