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General terms and conditions

DalmatianHome.com
Pursuant to the provisions of the Mediation in the Real – Estate Business Act dated 03rd October 2007, the agency Dalmat Realestate, Šibenik, 3.studenog 1944 2A, brings the

GENERAL BUSINESS TERMS OF REFERENCE

1. Offer

The offer of the agency Dalmat Realestate is based on the data received in a written or verbal way and is subject to the confirmation. We retain the possibility of error and prior sale or withdrawal of the property’s owner. In case of deliberate or extremely negligent behavior on our part we bear responsibility for incorrect data. The principal must keep our offers and information in confidence and he is entitled to transfer them to a third party only with our written approval.

2. The obligations of the agency

  1. to conclude the Mediation Contract with the principal (a standard or an exclusive one);
  2. to try to find a third party or to bring her/him in contact with the principal in order to conclude the mediated business;
  3. to estimate the market value of the real –estates and to inform the principal about it;
  4. to warn the principal about the flaws on the real –estate and inform them of current market conditions;
  5. to control the documents needed for the validity of the mediated business and to present them to the principal;
  6. to inform the principal about all legal, tax and other obligations which he/she must meet;
  7. to undertake all the necessary actions in order to present the real – estate on the market, to advertise the real – estate in a way defined by the agency;
  8. to enable the inspection of the real – estate, organization and guidance through the realestate;
  9. to keep the personal data of the principal, as well as all the other data ordered by the principal as a business secret;
  10. to inform the principal about all circumstances known to us which are important for the intended business activity;
  11. to mediate in negotiations and to try to conclude the legal business;
  12. to attend the concluding of the legal business (Precontract and Contract);
  13. to mediate at taking-over the real – estate;
  14. to deliver the needed documentation to the land – registry department of the authorized Court on behalf of the principal;

It is considered that the agency has enabled the principal to come in touch with a third person (physical or legal) with whom he/she has negotiated the legal business, and especially if he/she has directly taken or directed the principal to the said real – estate, has organized a meeting between the principal and a third contractual party in order to negotiate the legal business; has given the principal the name, phone number, fax number, e-mail of the third party authorized for concluding the legal business or has told him/her the exact location of the requested real – estate.

3. The Obligations of the principal

  1. to conclude the Mediation Contract with the agency (a standard or an exclusive one);
  2. to enable the agency an insight into the documents proving his/her ownership right of the real – estate or the right over the real – estate which is the subject of the mediation business;
  3. to inform the agency about all essential records, including in particular the description of the real - estate and the price;
  4. to enable the agency and a party interested for the concluding of the mediated business a showing of the real – estate in the company of an agent;
  5. to pay the agency the stipulated commission immediately upon the concluding the mediated business, i.e. upon the signing of the Pre – contract or the Contract by which the principal has been committed to conclude the mediated legal business ;
  6. to reimburse the agency for the expenses made during mediation exceeding the usual expenses for mediation;
  7. to inform the agency in writing about all the changes related to the business for which he has authorized the agency, especially about the changes related to the ownership of the real – estate;

The principal is responsible for any damage, if he has made a fraud, kept secret or given incorrect data regarding the mediation business in order to conduct the legal business. The principal is also responsible for any damage in case of deliberate or extremely negligent behavior on his/her part against the agency or a third contractual party sent by the agency. If that is the case, the parties stipulate that the principal is obliged to pay the agency the expenses caused during mediation which cannot exceed the commission for the mediated business.

4. Realization of right to commission

The agency gains the right to commission in full amount in the moment of concluding the mediated business (by signing the Pre-contract or Contract) by which the principal has been obliged to conclude the mediated legal business. The commission is paid to the agency at the same time or immediately upon concluding the legal business in which the agency has mediated, i.e. by signing the Pre-contract or the Contract concluded between two contractual parties.

If the principal withdraws during the concluding of the mediated business, he/she is obliged to pay the real expenses with regards to spent time, advertising, and other costs, all according to the agent's tariff.

The principal is obliged to pay the commission even if he/she has concluded the legal business different from the one being mediated for, which is of the same value as the legal business, i. e. by which the same purpose has been achieved as with the mediated legal business, with a party that the agency put him/her in contact with.

The agency has the right to commission if the spouse or extramarital partner, the offspring or the parent of the principal concludes the mediated legal business with a party that the agency put him/her in contact with.

The commission also encompasses the usual mediation costs, except for those separately stipulated.

The agency has the right to advance payment of the commission only if it has been stipulated. The agency has the right to commission even if it hasn’t been strictly stipulated in the mediation contract. The commission amount has been established in the agent’s tariff.

5. The amounts of the commission

Further listed percentages are paid as agent’s commission and VAT is charged hereon.
  1. 5.1. Purchase - The agent’s commission amounts 2% to 3% of the achieved sales price of the real – estate. It is defined upon signing the mediation contract. With the principals who have signed the exclusive mediation contract, we charge according to the amount stipulated and stated in that mediation contract.
  2. 5.2. Sale - The agent’s commission amounts 2% do 4% of the achieved sales price of the real – estate. It is defined when signing the mediation contract. With the principals who have signed the exclusive mediation contract, we charge according to the amount stipulated and stated in that mediation contract.
  3. 5.3. Lease - With regards to the Lease Contract (stipulated lease duration up to 5 years) 100% of the monthly lease is charged. With regards to the contracts which last longer than 5 years of lease, we charge 200% of the monthly lease. With regards to the additional value (price increase, stipulation of special conditions pursuant to the request of the principal, additional services, etc.) 150% of the monthly lease is charged. With the principals who have signed the exclusive mediation contract, we charge according to the amount stipulated and stated in that mediation contract.
  4. 5.4. Agent’s hourly wage - The amount of the hourly wage, including the costs (spent time, making and advertising and other expenses related to the mediated business) is 170,00 HRK.

6. The cessation of the contract

The parties may withdraw from the mediation contract in the real – estate business prior to the expiry of the stipulated deadline only for a very justified reason. The principal is in that case obliged to reimburse the agency for the caused expenses.

If the principal has concluded the mediated legal business with a party he had been brought in contact with through the agency within one year from the cessation of the mediation contract in the real – estate business, he is obliged to pay the agency the agent’s commission in the full amount.

The mediation contract concluded for a limited period of time can be terminated prior to the expiry of the stipulated time only through the written notice of cancellation by either side. If the period of notice hasn’t been strictly defined by the mediation contract, the period of notice is 8 days from the date of receiving the notice on cancellation. When the mediation contract in the real – estate business has been terminated by the notice of cancellation, the contractual parties have no claims towards each other whatsoever. The principal is obliged to reimburse the agency for the caused expenses.

7. General provisions and dispute settlement

General provisions on the mediation contract, as well as all the other provisions of the Obligatory Relations Act are applied to the relations between the principal and the agency arisen from the mediation contract which haven’t been regulated by these General Business Terms of Reference. Possible disputes will be settled by the Municipal Court in Šibenik.

In Šibenik, on 30th November 2014.

Owner:
Jakiša Baranović