Terms of business
In accordance with the provisions of the Real Estate Brokerage Act, Class: 001-01/07-01/128, Urnumero: 71-05-03/I-07-02, from 10. In October 2007, the agency “Euro-Interiors” brings:
General terms and conditions
1. Bid
The offer of the agency “Euro-Interiors” is based on information received by us in writing and orally and is conditional on confirmation. We reserve the possibility of confusion and prior sale or abandonment of the property owner. We are liable for inaccurate information in the event of intentional or grossly negligent behavior on our part. Our offers and notices must be kept in confidence by the recipient (principal) and may only transfer them to a third party with our written approval.
2. Obligations of the Agency
- conclude an Intermediation Agreement with the principal (standard or exclusive);
- seek to find a third party and put in contact with the principal to conclude a mediated deal;
- assess the market value of real estate and acquaint the principal with it;
- warn the principal with defects in real estate and with the state of the market;
- check the documents necessary for the legality of the mediated transaction, and present them to the principal;
- to acquaint the principal with all legal, tax and other obligations arising for him from the legal transaction in respect of the property in question;
- perform the necessary actions for the presentation (presentation) of real estate on the market, advertise the property in the manner specified by the agency;
- provide an overview of real estate, organization and management;
- keep personal data of the principal, and other data on the order of the principal, as a business secret;
- inform the principal of all circumstances relevant to the intended work that are known to us;
- mediate negotiations and strive to reach the conclusion of a legal deal;
- attend the conclusion of a legal transaction (Preliminary and Contract);
- to intervene in the transfer of real estate;
- mediate on behalf of the principal when submitting the Application for registration of ownership rights;
The agency is deemed to have enabled the principal to enter into contact with a third party (natural or legal) with whom it negotiated the conclusion of a legal transaction, and in particular if it: directly took or directed the principal to inspect the property in question, organized a meeting between the principal and the third party to negotiate the conclusion of the legal transaction; the principal communicated the name, telephone number, fax, e-mail of a third party authorized to conclude a legal transaction or communicated to him the exact location of the requested property.
3. Obligations of the principal
- conclude a mediation agreement with the agency (standard or exclusive);
- provide the agency with all documents proving its ownership of the real estate or the right to the real estate that is the subject of the intermediary transaction;
- inform the agency of all relevant information, including in particular the description of the property and the price;
- provide the agency and the person interested in concluding a mediated transaction to inspect the property accompanied by an intermediary;
- immediately after the conclusion of the mediated transaction or the Pre-Contract by which it undertook to conclude the mediated legal business, pay the agreed fee (commission) to the agency;
- reimburse the Agency for the costs incurred during the mediation, which exceed the normal costs of the mediation;
- notify the agency in writing of any changes related to the work for which it has authorised the agency, and in particular of changes related to ownership of immovable property;
The principal is liable for damages, if he has acted fraudulently, if he has defaulted or provided incorrect information relevant to the mediation activities in order to terminate the legal transaction. The principal is liable for damages also in case of intentional or grossly negligent behavior on his part, to the agency or to a third party contracted by the agency. If this is the case, the parties agree that the principal is obliged to pay to the agency the costs incurred during the mediation, which cannot exceed the intermediary fee (commission) for the mediated work.
4. Exercise of the right to compensation
The Agency acquires the right to compensation in full at the time of the conclusion of the mediated transaction (by signing the Preliminary Agreement) by which the principal undertook to conclude the mediated legal transaction. The fee shall be paid to the Agency at the same time or immediately after the conclusion of the legal transaction for which the Agency has brokered, i.e. by the signing of the Pre-Contract between the two contracting parties.
If the principal withdraws during the conclusion of the mediated transaction, he is obliged to pay the real costs in terms of the time spent, advertising and other expenses, all according to the intermediary tariff.
The principal is obliged to pay compensation even when he has concluded with the person with whom the agency contacted him a legal transaction different from that for which it was mediated, which is of the same value as the legal business or which achieves the same purpose as the mediated legal business.
The agency is entitled to compensation if the spouse, or common-law partner, descendant or parent of the principal concludes a mediated legal transaction with the person with whom the agency has brought the principal into contact.
The fee also covers the usual costs of mediation, in addition to those specifically contracted.
The agency is entitled to an advance payment of the intermediary fee only if it is contracted.
The Agency is also entitled to compensation when it is not expressly agreed in the mediation contract. The amount of the fee is determined by the intermediary tariff.
5. Amounts of fees
The percentages listed below are paid as an intermediary fee and VAT is charged on them.
5.1. Purchasing
The brokerage commission is 3% of the achieved price of the property.
In the case of principals with whom we have an exclusive intermediary contract, we charge according to the amount agreed and specified in the same.
5.2. Sales
The brokerage commission is 3% of the achieved price of the property.
In the case of principals with whom we have an exclusive intermediary contract, we charge according to the amount agreed and specified in the same.
5.3. Rent
With the Rental Agreement (agreed lease term up to 5 years) 100% of the monthly rent amount is charged.
For contracts longer than 5 years, we charge 200% of the monthly rent amount.
In case of added value (price increase, contracting of special conditions according to the client's request, additional services, etc.) 150% of the monthly rent amount is charged.
In the case of principals with whom we have an exclusive intermediary contract, we charge according to the amount agreed and specified in the same.
5.4. Intermediary hourly rate
The amount of the intermediary's hourly fee including the costs (time spent, production and advertising and other costs related to the brokerage business) is 35 EUR.
6. Termination of the contract
The parties may withdraw from the real estate brokerage contract before the expiration of the agreed term only for a particularly justified reason. In this case, the principal is obliged to reimburse the Agency for the costs incurred.
If, within one year from the termination of the real estate brokerage contract, the principal has concluded a mediated legal transaction with the person with whom the agency has brought it into contact, the principal shall reimburse the agency commission in full.
The mediation contract is concluded for a fixed period of time and can be terminated before the expiration of the agreed time exclusively by written notice of any of the parties to the contract. If the notice period is not expressly specified in the mediation contract, the notice period is 8 days from the receipt of the notice. When the real estate brokerage contract is terminated by cancellation, the parties to the contract do not have any claims to each other. The principal is obliged to reimburse the agency for the costs incurred.
7. General Provisions and Dispute Resolution
The relations between the principal and the agency arising from the mediation contract, which are not regulated by these General Terms and Conditions or by the mediation contract, are applied alternatively the general provisions of the mediation contract, as well as other provisions of the Law on Obligatory Relations. Possible disputes will be resolved by the Municipal Court in Zagreb.
In Zagreb, on 27 October 2007.
vl. Perger Diana
vl. Sočev Bernardica