General Terms and Conditions

 

 

In accordance with the provisions of the Law on Mediation in Real Estate Transactions (N.N.-107/2007 of October 3, 2007), NOVA nekretnine, owner Irena Blažević issues:

 

GENERAL BUSINESS TERMS

 

1.GENERAL PROVISIONS

 

The general business conditions regulate the business relationship between NOVA real estate (hereinafter: Agency) and the client (natural or legal person). By concluding the Mediation Agreement, the principal confirms that he is familiar with and agrees with the provisions of these business conditions.

 

 

2. THE OFFER

 

The Broker's offer is based on information received in writing and verbally from the owners of properties offered for sale or on information received by written or oral order from the Principal.

The agency, as an intermediary, reserves the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up on the sale (or rental).

Offers and notices of the Agency must be kept as a business secret by the recipient (principal). If the recipient of the offer is familiar with the real estate that the Agency has already offered him, he is obliged to inform the Agency about it without delay.

 

 

3. AGREEMENT ON REAL ESTATE BROKERAGE

 

With the agreement on mediation in real estate transactions, the Intermediary undertakes to try to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on real estate, and the Principal undertakes to pay him a certain intermediary fee if he the legal deal is concluded.

The contract is concluded in writing, for 12 months and can be extended several times by agreement of the parties. If the contracting parties do not agree on a deadline, the Agreement is considered to have been concluded for a specific period of 12 months.

 

 

4. OBLIGATIONS OF REAL ESTATE BROKER

 

1. Try to find and connect a person with the client in order to conclude a brokered deal.
   2. Acquaint the principal with the average market price of a similar property.
   3. Obtain and review documents proving ownership or other real rights to the property in question.
   4. Perform the necessary actions to present the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs.
   5. Provide an inspection of the property.
   6. Mediate in negotiations and try to conclude a contract, if he has specifically committed to that.
   7. Keep the client's personal data and, upon the employer's written order, keep as a business secret information about the real estate for which he is mediating or related to that real estate or the work he is mediating for.
   8. If the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land.
   9. To inform the principal about all the circumstances important for the intended work that are known to him or must be known to him.
   10. Keep records of mediation
   11. To be present at the conclusion of the legal transaction (pre-contract and contract) and at the handover of the real estate.
   12. When performing tasks, act with the attention of a good expert, with increased attention to the rules of the profession and customs.
   13. The principal will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he withheld or provided incorrect information essential for the work of mediation in order to complete the legal work, and is obliged to compensate all expenses incurred during the mediation, which they cannot be higher than the brokerage fee for the mediated business.

 

5. OBLIGATIONS OF THE PRINCIPAL

 

1. Inform the Mediator about all the circumstances that are important for conducting the mediation.
2. Present the Broker with accurate information about the real estate and, if it exists, provide for inspection the location construction and use permit for the real estate that is the subject of the contract.
3. Provide the mediator with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the mediator of all registered and unregistered encumbrances that exist on the real estate.
4. To conclude the Mediation Agreement with the Agency in writing.
5. Provide the Broker and an interested third party with a viewing of the property.
6. Inform the mediator about all the essential information about the requested real estate, which especially includes the description of the real estate and the price.
7. Inform the Mediator in writing about all changes related to the work for which he has authorized him, and especially about changes related to property ownership.

8. After concluding a mediated legal transaction, i.e. a pre-agreement by which a mediated legal transaction was undertaken, if the mediator and the principal have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the preliminary agreement, pay the mediation fee to the mediator, unless otherwise agreed.
9. If it is expressly agreed, to compensate the mediator for costs incurred during the mediation that exceed the usual mediation costs.
10. The principal will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he withheld or provided incorrect information essential for the work of mediation in order to complete the legal work, and is obliged to compensate all expenses incurred during the mediation, which they cannot be higher than the brokerage fee for the mediated business.

 

 

6. THE RIGHT TO COMPENSATION ACHIEVED BY THE INTERMEDIARY

 

 

The intermediary acquires the right to the Fee in full at the same time as the conclusion of the legal transaction for which he mediated, whereby the conclusion of the legal transaction is also considered to be the conclusion of the pre-contract by which the Principal and the Third Party undertake to conclude the main contract of sale, rent, lease or other contract in connection with real estate that is the subject of mediation.

The Principal is obliged to pay the Fee even when he concluded a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction.

It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if:
- Directly took or directed the Principal to view the property in question;
- Organized a meeting between the Principal and the third contractual party for the purpose of negotiating the conclusion of a legal transaction;
- Gave the principal the name, phone number, and e-mail address of a third party authorized to conclude a legal transaction or communicated the exact location of the requested property.
After the termination of the Agreement, the Intermediary has the right to Compensation within a period not longer than the duration of the concluded Agreement and in cases where the Principal enters into a legal transaction with a Third Party which is mainly a consequence of the Intermediary's actions before the termination of the Agreement.
The agency has the right to compensation if the spouse, or common-law partner, descendant or parent of the client concludes a mediated legal transaction with the person with whom the agency brought the client into contact.
The amount of the brokerage fee for mediation during the purchase, sale, exchange, lease and rental of real estate is charged in accordance with the Price List of brokerage commissions of the Real Estate Business Association at HGK, which is an integral part of these General Terms and Conditions. The amount of the intermediary fee is specified in the agency's price list.

 

 

7. PRICE LIST

 

Price list of intermediary commissions for mediation during purchase, exchange, lease and real estate rentals:

PURCHASE AND SALE
The commission is charged as a percentage of the total amount of the purchase price
Highest total commission: 8%.
Lowest total commission: 2%.

SALE
Brokerage commission when selling real estate (charged by the seller)
2-4%, but not less than €900.

BUYING
Brokerage commission when buying real estate (charged by the buyer)
2-4%, but not less than €900.
The commission is charged from the buyer if it has been agreed upon or the intermediary has received a written or oral order to demand the real estate from the buyer.

REPLACEMENT
When exchanging real estate, a commission is charged from each party in the exchange, and a percentage is calculated from the value of the real estate acquired by the party through the exchange.
2-4%, but not less than €900.

LEASE AND RENT
100% of the amount of one monthly rent from the Lessor/Lessor
50% of the amount of one monthly rent from the Tenant/Lessee

 

 

8. EXCLUSIVE MEDIATION

 

In the contract, the Principal can undertake not to engage any other intermediary for the mediated work (exclusive mediation), which obligation must be expressly agreed upon.
If, during the duration of the Agreement on exclusive mediation, the Principal concluded a legal transaction through another mediator through the Mediator, and for which the exclusive Mediator was given an order to mediate, he is obliged to pay the Mediator the actual costs incurred during the mediation. If the amount of the Fee is not agreed upon, the Principal is obliged to compensate the Intermediary for the actual costs incurred during the mediation, which cannot be higher than the Fee for the mediated work.
When concluding a contract on exclusive mediation, the Mediator is obliged to specifically warn the Principal about the meaning and legal consequences of this clause.

 

 

9. TERMINATION OF MEDIATION AGREEMENT

 

The contract on mediation is concluded for a period of 12 months and ends at the end of the period for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
The intermediary and the principal agree that upon the expiration of the agreed term, the Agreement will be extended again for the same period of time, unless one of the contracting parties previously cancels the Agreement in writing. The notice period lasts 30 days.

If, within a period not longer than the duration of the concluded mediation agreement, after the termination of that agreement, the client concludes a legal transaction that is predominantly a consequence of the mediator's actions before the termination of the mediation agreement, he is obliged to pay the mediation fee in full to the mediator, unless otherwise agreed in the contract.

 

 

10. COOPERATION WITH OTHER AGENCIES

 

The mutual cooperation of the agencies is based on the Code of Business Ethics of intermediaries - members of the Real Estate Exchange.

As an agency, NOVA nekretnine is ready to cooperate with other agencies that respect the basic ethical principles of the profession.

This especially refers to presenting incorrect and untrue information about the business in order to obtain clients and business, for which, if we establish that it is a bad intention, we will refuse any such cooperation.

 

 

11. FINAL PROVISIONS AND DISPUTE RESOLUTION

 

The cost of administrative or court fees incurred for the purpose of obtaining the necessary ownership and other documentation, which are a prerequisite for placing the property on the market, registering the ownership right in the Land Register, drawing up contracts and documents in the form of notarial documents, shall be borne by the Principal.

The general terms and conditions of business are an integral part of every Agreement concluded by the Intermediary with the Principal.

For everything that is not expressly determined by these General Terms and Conditions, the Act on Mediation in Real Estate Transactions, the Act on Obligatory Relationships and other legal regulations shall apply.

NOVA nekretnine, obrt za usluge, owner Irena Blažević