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  2. Terms and conditions

In accordance with the Real Estate Brokerage Act (NN 107/07, 144/12, 14/14, 32/19) the company Albus nekretnine, hereby adopts the following:

TERMS AND CONDITIONS

1. Offer

The Agency's real estate offer is based on the data received by the agency in writing or verbally, subject to confirmation. The Agency allows for the possibility of a mistake in the description or price of property, a possibility that the advertised property has already been sold (or swapped) or that the owner has given up the sale (or lease). The Agency's offers and notifications shall be kept by the recipient (applicant) as business secrecy and shall be allowed to be conveyed to third parties only subject to the Agency's approval. In the event that the recipient of the offers has already been familiar with the property items offered by the Agency, he/she shall inform the Agency thereon, without delay.

2. The obligations of the agency are as follows, to:

  1. Enter into a brokerage agreement with the applicant in writing;
  2. Attempt to find and liaise persons with the applicant in order to close a brokerage transaction;
  3. Inform the applicant about the average market price of a similar property item and warn the applicant about possible deficiencies that reduce the value of the property in issue.
  4. We are obliged to inform the buyer about the property's actual state at the moment of sale and inform him/her: if the property lacks the building permit or the licence for use, if unregulated ownership and other deficiencies exist, or about the possible consequences and risks when buying such property.
  5. Carry out necessary activities with the aim of presenting the property on the market, advertise the property in the manner set by the agency, and enable property site reviews, in accordance with the conditions and previous agreement with the seller.
  6. Keep the applicant's personal data, and by order given by the applicant in writing keep as business secrecy information on the property mediated by the agency or in connection with the property or the transaction mediated by the agency;
  7. Mediate in negotiations and endeavour to reach the realisation of a legal transaction;
  8. Be present when closing a legal transaction (preliminary contract and contract) and on the occasion of the transfer of property;
  9. If the subject of the contract to be concluded is a parcel of land, check the purpose of the parcel of land in issue, in accordance with the land use planning regulations relating to the parcel of land in issue;
  10. It shall be deemed that the agent has enabled the applicant connection with another person (natural person or legal entity) if the applicant is enabled to get in contact with the other person that the agency has negotiated with about closing a legal transaction, in particular if the agent:
    • has directly taken or directed the applicant or a third party to examine the property in issue;
    • has organised a meeting between the applicant and the counterparty in order to negotiate a legal transaction;
    • has given the applicant the name, phone number, facsimile, e-mail address of the other person authorised to close a legal transaction or has communicated the exact location of the required property.

3. The applicant's obligations are as follows, to:

  1. Enter into a brokerage agreement (standard or exclusive);
  2. Allow the agency an insight into all documents proving his/her property ownership or the right to the property being the subject of the brokerage transaction;
  3. Inform the agency about any relevant data, including, in particular, the property's description and price;
  4. Enable the agency and the person interested in closing a brokerage transaction a property site review, together with the agent;
  5. After closing the agency deal and payment in full, settle the entire amount of the agreed fee (commission);
  6. Refund the costs incurred by the agency in the course of mediation, that surpass the usual mediation costs;
  7. Inform the agency in writing on any changes relating to the transaction in respect of which he/she has authorised the agency, and in particular on changes relating to property ownership;
  8. The applicant shall be liable for any damage, if failing to act in good faith, if acting fraudulently, or suppressing or giving incorrect data essential for the brokerage transaction with the purpose of closing a legal transaction and shall refund the costs, in accordance with the legal regulations of the Republic of Croatia.

4. Entitlement to a fee

The Agency becomes entitled to the entire fee at the point of closing a brokerage transaction, (by signing the preliminary contract or contract) whereby the applicant has committed himself/herself to closing the mediated legal transaction. The fee is payable in favour of the agency simultaneously or immediately after closing the legal transaction, mediated by the agency, i.e. by signing the preliminary contract or contract between the two parties and full payment of the stipulated price.

In the event that the applicant gives up the deal during the closure of the brokerage transaction, he/she shall pay the actual costs relating to the time spent, advertising and other costs, in accordance with the agency tariff rates.

The applicant shall pay the fee even when a different legal transaction is closed from the one mediated, with the person with which the agency has connected the applicant.

The agency shall be entitled to a fee, if the applicant's spouse, or common-law partner, descendant or parent has closed a mediated legal transaction with the person with which the agency has connected the applicant.

The fee includes also the usual brokerage costs, in addition to those specifically stipulated.

The Agency has the right to an advance payment of the agency fee only if such payment is stipulated.

The fee rate is determined in accordance with Real Estate Brokerage Act, article 27.

5. Termination of the contract

The parties may revoke the real estate brokerage agreement before the expiry of the agreed term only on the grounds of particularly justified reasons. In this case, the applicant shall refund the costs incurred by the agency.

If within the term of one year after the termination of the real estate brokerage agreement, the applicant enters into a brokerage transaction with the person with which the agency connected the applicant, the applicant shall refund the agency the full amount of the agency commission.

The brokerage agreement shall be entered into for a fixed period of time, and it may be terminated before the expiry of the stipulated term, solely subject to notice given in writing by either contractual party. If the notice period is not specified in the brokerage agreement, the period of notice shall be 8 days, after the receipt of notice. Where the real estate brokerage agreement is terminated due to notice, the parties shall not have any reciprocal claims. The applicant shall reimburse the agency for the incurred costs.

6. General provisions and settlement of disputes

To all relationships between the applicant and the agency arising from the brokerage agreement, not provided by these Terms and Conditions, the provisions of the Real Estate Brokerage Act and the Obligatory Relations Act shall apply. Any disputes shall be submitted to the jurisdiction of the Municipal Court in Zadar.

Zadar, 20 August 2020

Albus for real estate business