General business terms
In accordance with the provisions of the Act on Real Estate Brokerage Act ("NN" No. 107/07), Real Estate Agency ADITUS MARE d.o.o. brings:
GENERAL BUSINESS CONDITIONS
The General Terms of Business regulates the business relationship between the Real Estate Agency ADITUS MARE d.o.o. (hereinafter referred to as Aditus mare agency) as a mediator and a principal (of physical person or legal entity). By concluding the mediation contract, the ordering party confirms that he is familiar with and agrees with the terms of the Aditus mare's operating conditions. The Contractor is under these conditions a physical person or legal entity who is a signatory of the Mediation Agreement or the Mediation Order. Offer of the Aditus Mare Agency contains information received in written or oral way and is subject to confirmation. The Aditus Mare Agency retains the possibility of mistakes / confusion in the description and price of the property that may arise due to incorrect data or changes in sales and the possibility that the property advertised has already been sold (or rented) or the owner has discontinued the sale (or lease / share). The offerings and notices of the Aditus mare Agency acceptor must be keeping as a business secret and must only be handed over to third parties by the written consent of the agency. If the bidder is already acquainted with the property offered by the agency Aditus mare, it is obliged to notify the agency without delay.
Obligations of the agency Aditus mare:
- To conclude a brokerage contract with the Principal in writing (standard or exclusive, excl.);
- Endeavor to find and link with the third party's orderer to conclude a mediated job;
- Meet the customer with the average market price of similar real estate;
- Warn the customer with legal and physical defects in real estate;
- To inspect the documents proving the ownership or other real right on the property in question and to warn the buyer of the obvious deficiencies and possible risks due to the unreasonable land registry estate;
- Do the necessary actions for presenting real estate on the market and announce the real estate in the manner determined by the agency;
- Enable property review;
- Keep the personal data of the ordering party and other data as a business secret by the order of the customer;
- Notify the Principal of all circumstances relevant to the intended employment of the Adito Mare Agency;
- Mediate in negotiations and strive to conclude legal business of buying and selling;
- To attend the concluding of a legal transaction (Sub-Contract and Contract);
- To attend the delivery of real estate that is the subject of a legal transaction;
- If the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to the land;
- In the event that the Orderholder empowers the Aditus Mare Agency, the Agency shall, for the Principal, do the following: After concluding an agreement with the Partner Attorney's office to compile the Contract and the Purchase / Exchange / Lease Agreement, arrange for the signature of the signatures of the contracting parties to the notary, the bank will perform all necessary actions for the realization of the legal transaction, submit a tax application and perform all necessary actions, submit to the competent tax administration valid documentation for the transfer of the direct from the seller to buyer, electricity, water supply, urban cleaning company and other institutions in cooperation with partner the lawyer's office will prepare a proposal for registration of ownership rights on the purchased real estate and carry out the transfer of the right of ownership on behalf of the Buyer at the Land Registry Department of the competent Municipal Court.
It is considered that the Aditus mare agency allowed the ordering party to contact the other person (physical or legal) about the negotiation of mediation if it was possible for the ordering party to be in contact with another person with whom he negotiated the conclusion of the legal transaction, and especially if he: or instructed the ordering party or third person to visit the real estate in question, arranged a meeting between the ordering party and the other contractor for negotiating the legal transaction, instructed the principal to provide the name, telephone number, fax, e-mail of another person authorized to conclude a legal transaction or to communicate the exact the location of the requested real estate.Obligations of the customer:
- Make a contract with Aditus mare agency, in writing - standard or exclusive;
- Inform the Aditus mare agency of all the circumstances relevant to the mediation and provide accurate information on the real estate and if it has to provide the mediator with the location, construction or usage permit for the real estate that is the object of the contract and provide the mediator with proof of fulfillment of the obligation third party;
- Provide the intermediary with an insight into the documents proving his ownership of the real estate, that is another real right on the property subject to the contract and to warn the mediator on all the registered and unlisted charges that exist on the property. And if the mandator is a legal person - present to the mediator proof that the natural person who is the signatory of the order, authorized to represent the legal person;
- Provide the Aditus mare agency and a third person interested in arranging a mediated job sightseeing with the presence of the Aditus mare employees;
- In writing, inform the Aditus mare agency of all new relevant information on the claimed property, which includes in particular the description, the ownership status and the price of the property;
- Immediately upon the conclusion of a mediated legal transaction or a pre-merger with which it is obliged to conclude a mediated legal transaction, if the Aditus mare Agency and the Ordering Agent have agreed that the right to receive the mediation fee is acquired at the conclusion of the pre-contract, pay the Adito mare agency a commission fee, unless otherwise agreed;
- If it is expressly agreed to compensate Aditus agency for the costs incurred during mediation that exceed the usual mediation costs;
- The Contractor shall be liable for damages, if he / she has not acted in good faith, has acted fraudulently, has failed or provided inaccurate information relevant to the mediation work in order to complete the legal transaction, and is obliged to compensate the Aditus mare agency for any costs incurred during mediation, which costs can not be higher than the brokerage fee for the mediated job. Obtaining a right to compensation if a legal transaction is concluded for which the Mediator has mediated between the Principal and a third party. The Contractor shall pay the Mediator a contractual mediation fee. The mediator is entitled to charge the intermediary auction at the time of the conclusion of the legal transaction for which he has mediated between the Principal and the third party. Legal work is considered to be concluded when the Contractor and the third party agree on the subject matter of the contract and the price, ie at the time of concluding a contract, pre-ordering and / or depositing a claim for mediated legal business. Under these conditions, a mediated legal transaction is also where the Contractor concludes a contract, pre-contract and / or deposited a third-party lease with whom the Mediator has made contact, for properties owned by a third party or members of his family, although not expressly mentioned in Mediation contract or mediation list. Intermediary fees are cumulatively included in all the costs the Mediator has had in mediating and the Mediator by charging the mediation fee loses the right to reimbursement of the same costs. This does not apply to the costs incurred when the intermediary, in agreement with the client, carries on for him and other services related to the job that is the subject of mediation and which does not engage in the usual mediation activities. Contractual Intermediate Fee does not include the costs of court settlement fees for registration, pre-order and record keeping, notarial rewards for verifying signatures on documents, settlement fees, copy of cadastral plan, identification, transfer of mortgages, mortgage removal fees, certificates and other documents in related to the conclusion of the legal transaction. The mediator shall also bear the costs of the ordinary lawyer's service for the preparation of the legal contract for which he has been mediating, but only if such services are performed by a lawyer with whom the Mediator has a contract of cooperation. The amount of mediation commissions for mediation, sale, lease and rental of real estate is charged in accordance with the mediation contract. The Aditus mare Agency may stipulate the right to reimburse the costs necessary for the execution of the order and request that pre-financing the funds for certain expenditure expenses. The Contractor is obliged to pay a fee to the Adito mare agency and when the agency with whom the relationship was brought led the agency to conclude a legal transaction different from the one it mediated, which is of the same value as the legal transaction, ie achieving the same purpose as the mediated legal business. The Aditus Mare Agency is entitled to compensation if the spouse or offspring, descendant or the parent of the principal concludes a mediated legal transaction with the person with whom the agency of the principal has linked. The mediator shall not be entitled to a mediation fee if the contractor himself or herself concludes a contract that is the subject of mediation, or if such a contract with the principal is concluded by the agent who mediates the mediator.
The agency fee of Aditus Mare is 2% of the purchase price of real estate. The fee is charged to the buyer if it is contracted or if the agency Aditus mare has purchased a customer's written or oral order for real estate. In the case where the Aditus Mare Agency has an exclusive mediation contract, the commission is charged according to the amount contracted and specified in the contract.
The agency fee of Aditus Mare is 2% of the purchase price of real estate. In the principal with whom the Aditus mare agency has an exclusive mediation contract, the commission is charged according to the amount contracted and specified in the contract.
Aditus mare's agency fee is 2% and is charged on each side in exchange, and the percentage is calculated from the value of the non-profit party acquired by the substitution.
RENT / LEASE
The lease / lease contract shall be charged as a percentage of the amount of monthly rent as follows: Fee from the lessor 75%, minimum 100% for lease of 12-59 months, 150% minimum for lease 60 months (5 years) and more. Fee from the tenant is 75%, minimum for rent 100%, for lease of 12-59 months 150% minimum for lease of 60 months (5 years) or more.
MEDIATOR HOURLY RATE
If expressly contracted, the mediator may, in agreement with the client, perform other services related to the job that is the subject of mediation, which exceed the usual costs of mediation and in that case the price of the mediator will be 200 kn.
TERMINATION OF THE AGREEMENT
If the contracting parties do not agree on the term of the mediation contract, it is considered that the real estate brokerage contract is concluded for a specified period of 12 months and may be extended by agreement of the parties several times. The mediation contract concluded for a specified period shall cease to expire upon expiry of the period for which it has been concluded if, during that period, no contract has been concluded for which it is mediated or canceled by any of the Contracting Parties. An ordering party may cancel a mediation order provided that the revocation is not against the principle of conscientiousness. The procedure of canceling a related order can not fall into a hurricane with the intention of defrauding the mediator or knowingly damaging the right to compensation. If, during the term of the mediation order, or after its revocation, the Principal, for a period of not more than two years, by the Mediator, concludes a legal transaction with the person with whom the Mediator has brought the relationship, or concludes by another intermediary, who is in contact with the third party (in the sense of Article 12 of the Mandatory Obligations Act), it is obliged to fully mediate the mediation commission. The Contractor is obliged to compensate the intermediary of the costs incurred for which it was otherwise expressly contracted that the Principal specifically pays them. If, within the term of the mediation contract concluded after the termination of the contract, the contractor concludes a legal transaction that is mainly a consequence of the mediator's activity prior to the termination of the mediation contract, the intermediary shall pay the intermediary fee in full.
Availability of the General Conditions of the Aditus mare agency
The General Terms and Conditions of the Agency Aditus mare are available at the official offices of the agency Aditus mare in Vodice, Srima I 100 b, on the web pages of the mediator and will be short form in the type of mediation orders (contracts) of the Agency Aditus mare.
General Provisions and Dispute Settlement
The provisions of the Act on Real Estate Transactions Act and the Mandatory Obligations Act shall apply to the relationship between the Principal and the Agency arising out of the mediation contract not governed by these General Terms of Business or the Mediation Contract. For potential disputes, the competent court in Sibenik is in charge.