General Terms and Conditions
In accordance with the provisions of the Real Estate Brokerage Act (OG-107/2007 of 3 October 2007) the company BONUS NEKRETNINE d.o.o. delivers the following:
GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
General terms and conditions regulate the business relationship between the company BONUS NEKRETNINE d.o.o. (hereinafter: the Agency) and the client (natural or legal person). By concluding the Brokerage Contract the Client confirms that they are familiar and agree with the provisions of these terms and conditions.
2. REAL ESTATE OFFER
The Agency's real estate offer is based on the data received by the agency in writing or orally and it is conditioned by a confirmation. The Agency reserves the possibility of errors in the description and price of real estate, the possibility that the advertised property has already been sold (or leased) or that the owner abandoned the sale (or rent). The recipient (client) must keep the offers and informations of the Agency confidential and may transfer it to third parties only with the written approval of the Agency. If an offer recipient is already familiar with the property offered to them by the Agency, they are obliged to immediately inform the Agency.
3. OBLIGATIONS OF THE AGENCY (BROKER)
1. Conclude a Brokerage Contract with the client in the written form;
2. strive to find and connect with the client a person with the aim of concluding a mediated business deal;
3. inform the client about the average market price of similar real estate and warn him of the property shortcomings;
4. inspect the documents proving the ownership or other real right on the real estate in question and alert the client to: obvious deficiencies and possible risks associated with the unresolved land registry status of the property; registered real rights or other rights of third parties on the property; legal consequences of non-fulfillment of third party liabilities; disadvantages of construction or use permit in accordance with a special law; circumstances of the obligation to apply the right of first refusal and restrictions in legal transactions in accordance with special regulations;
5. carry out the necessary actions for presenting the property on the market, announce the property in the manner specified by the agency, and enable property review;
6. keep confidential the personal data of the client and keep confidential, upon the written order from the client, the information on the mediated property or those in connection with this property or with the mediated business deal;
7. inform the client of all circumstances relevant to the intended business known to them;
8. mediate in negotiations and strive to conclude a legal deal;
9. attend the conclusion of a legal transaction (Preliminary contract and Contract); also at the transfer of real estate;
10. if the subject of the contract is a land plot, check the purpose of the land in question in accordance with the regulations on spatial planning relating to that land plot;
11. It is deemed that the broker enabled the client to contact another person (natural or legal) to negotiate the conclusion of the mediation process, if the client is enabled to make contact with another person with whom they negotiated a legal contract, particularly if they:
- directly took or sent the client or a third party to tour the property; - arranged the meeting between the client and the other contracting party for the purpose of negotiation of a contract; - provided the client with the name, telephone number, fax, e-mail of the other person authorized to enter into a legal transaction or gave him the exact location of the requested property.
4. OBLIGATIONS OF THE CLIENT (CONTRACTING AUTHORITY)
1. Conclude a Brokerage Contract with the Agency in the written form;
2. inform the broker of all circumstances relevant to the mediation and provide accurate information on the real estate and grant the broker inspection of the location, construction or use permit, if they have it, for the property which is the subject of the contract as well as provide the broker with proof of fulfillment of the obligations toward a third party;
3. provide the broker with an insight into the documents proving their ownership of the property, or another real right on the property in question as well as warn the broker about all registered and unregistered charges existing on the property;
4. provide the broker and a third party interested in concluding a mediated deal a tour of the real estate;
5. notify the broker of all relevant information on the requested property, which includes in particular the description of the property and the price;
6. after the conclusion of the mediated legal transaction, or a Preliminary contract undertaking to conclude a mediated legal transaction, if the broker and the client have agreed that the right to receive the brokerage commission is already obtained at the conclusion of the Preliminary contract, pay the brokerage commission to the broker, unless otherwise agreed;
7. if it is expressly contracted, reimburse the broker for costs incurred during mediation which exceed the usual mediation costs;
8. notify the broker in writing of any changes related to the work for which they have authorized the broker, and in particular of any changes related to the ownership of the property;
9. the client shall be liable for damages, if they did not act in good faith, they acted fraudulently, failed to disclose or provided inaccurate information relevant for the mediation work in order to complete the legal transaction, and they are obliged to remunerate all the costs incurred during mediation, which cannot be higher than the brokerage commission for the mediated job.
5. RIGHT TO REMUNERATION
The company BONUS NEKRETNINE d.o.o. is entitled to the brokerage commission in full at the time of conclusion of the mediated business deal, or at the signing of the Preliminary Contract (or Contract in case there is no Preliminary contract) in which the client has undertaken to conclude the legal transaction. The commission is paid to the agency at the time of signing the Preliminary Contract (or Contract in case there is no Preliminary contract) by the two contracting parties. The amount of the brokerage commission for the mediation carried out during for sale, purchase, exchange, lease and rental of the properties will be charged in accordance with the Price List for Broker's Commission issued by the Croatian Chamber of Commerce, and which is an integral part hereof. The amount of brokerage commission is stated in the price list of the Agency.
The Agency may negotiate the right to reimbursement of costs necessary for the execution of orders and request an advance payment of certain expenses for costs. The client shall pay the commission even in the case they concluded with the person contacted via the agency a legal transaction different from that for which the brokerage was carried out, which is of the same value and which achieves the same purpose as the brokered legal transaction. The Agency is entitled to remuneration if a spouse or extramarital partner, descendant or parent of the client concludes a brokered legal transaction with the person contacted via the agency.
6. TERMINATION OF THE CONTRACT
The Brokerage Contract is concluded for a period of 12 months and shall be terminated upon the expiry of the contractual period, if during that period the brokered contract was not concluded, or by cancellation of any of the contracting parties. The parties may cancel the brokerage contract before the expiry of the contractual period only in case of especially justified reasons. In this case the client is obliged to remunerate the costs to the Agency. The broker and the client agree that upon the expiry of the contractual period the Contract shall be extended again for the same period of time, unless one of the contracting parties cancels the contract in writing. The notice period is 30 days. If within a period not longer than the duration of the concluded brokerage contract, after the termination of that contract, the client concludes a legal transaction which is mainly the result of the broker's actions prior to the termination of the brokerage contract; they are obliged to pay the brokerage commission to the broker in full, unless otherwise contracted.
When the contract is terminated due to the expiry, the client is required to reimburse to the broker the incurred costs for which it was explicitly agreed to be paid by the client separately.
7. COOPERATION WITH OTHER AGENCIES
The Agency is prepared to collaborate with other brokerage agencies which respect the basic ethical principles (which exclude the disclosure of false data about business with the aim of obtaining jobs and clients, belittling other agencies in any way in order to obtain jobs and clients, unrealistic assessments of real estate in order to obtain brokerage jobs and exclude other agencies from the market, coming forward in the media for the purpose of personal promotion at the expense of other agencies). Mutual cooperation of agencies is based on the Code of Ethics of Brokers - members of Real Estate Exchange.
8. GENERAL PROVISIONS AND DISPUTE RESOLUTION
The provisions of the Real Estate Brokerage Act and the Civil Obligations Act apply to all relations between the client and the Agency arising from the Brokerage Contract and which are not regulated by these General Terms and Conditions nor the Contract. The Municipal Civil Court in Zagreb shall be competent for any dispute.
Bonus nekretnine d.o.o.
Ljiljana Vukelić, Director