Standard Terms and Conditions for the Real Estate Agency “ANNALINEA D.O.O.”
GENERAL PROVISIONS
Article 1
Standard Terms and Conditions for Real Estate Brokers (hereinafter: Standard Terms and Conditions) govern the business relationship between the Real Estate Agency (hereinafter: Broker) and a natural or legal person (hereinafter: Principal), who enters into a written Brokerage Agreement with the Principal.
Standard Terms and Conditions make an integral part of the Brokerage Agreement entered into between the Broker and the Principal.
Article 2
Single terms and names in terms of Standard Terms and Conditions have the following meaning:
– Real Estate Broker – Real Estate Agency “Annalinea d.o.o. “Stari grad 1, Mošćenička Draga , Personal identification Number: 23593594588, in line with the Decision by the Ministry of Economy, Labour and Entrepreneurship of the Republic of Croatia, is a licensed Real Estate Agency, registered with the Registry of Real Estate Brokers with the Croatian Chamber of Commerce, CLASS: 133-02/08-02/357 REF. NO.: 311-14-09-07
– Real Estate Brokerage are activities performed in real estate listing by a broker that refer to connecting the Principal and a third person and to negotiations and preparations for concluding legal transactions whose subject is a specific real property and particularly in purchasing, selling, exchanging, business and personal leasing the real property and other.
– Real Estate are plots of ground areas, together with everything that is connected to this ground permanently on the area or beneath it in accordance with the provisions of the general regulation on ownership and other proprietary rights.
– Principal is a natural or legal person who enters into a written Brokerage Agreement (seller, buyer, business lessee, business lessor, private lessee, private lessor and other potential participants in real estate listing) with the Real Estate Broker.
– Third Person is a person, whom a Real Estate Broker tries to connect to the Principal, with the aim of negotiating on concluding legal transactions whose subject is a specific real property.
– Brokerage Fee is the amount that the Principal is obliged to pay the Broker for brokerage services.
REAL ESTATE OFFER
Article 3
Our offer is based on information we receive in writing and orally from the Principal. There is a possibility of an error in description and price for the real property and the possibility that the advertised real property is already sold, leased or that the real estate owner withdrew from selling it.
The receiver (Principal) is obliged to keep a business secret our offers and notifications and he can communicate these to a third person only upon our written consent.
If the receiver of our offer is already familiar with real properties we offered him, he is obliged to inform us thereon without delay in writing, by electronic mail (email), fax or by registered post.
REAL ESTATE PRICE
Article 4
Real Estate Prices are stated in Euros and are payable in HRK counter-value.
BROKERAGE AGREEMENT
Article 5
With the Brokerage Agreement, the Broker undertakes to connect to the Principal a person that would negotiate with him on concluding the agreement, and the Principal undertakes to pay him a certain commission, if the agreement is concluded.
The Brokerage Agreement (hereinafter: Brokerage Agreement) is concluded in writing between the Broker and the Principal.
Information essential for selling/buying the real property are to be truly, correctly and fully indicated in the Brokerage Agreement.
If the Brokerage Agreement is not signed, the Principal is not obliged to pay the Broker the Brokerage Fee, all of which if the Broker does not prove his brokerage in concluding a legal transaction otherwise.
At seller’s insistence and based on his oral order, the Broker can render a service of advertising the real property on his web sites and register the real property with the Broker’s Log, and when a potential buyer gets interested in the said real property, he shall inform the seller thereon and sign the Brokerage Agreement with him if the Seller is willing to sign it and, failing that, the Broker is not obliged to connect the potential buyer to the seller, all of which if the Broker does not want to accept brokerage on one side i.e. that he collects his Brokerage Fee from the Buyer based on an oral or a written order on brokerage with the Buyer.
In case of selling a real property, which is co-owned by several persons, a written consent is required by all co-owners or representatives of all co-owners in the form of accepting a Brokerage Agreement for selling the real property.
EXCLUSIVE BROKERAGE
Article 6
With the Brokerage Agreement, the Principal can undertake not to engage any other Broker (Exclusive Brokerage) for the brokerage transaction.
Exclusive Brokerage is an obligation that has to be concluded through a separate brokerage agreement.
If, for the duration of the Exclusive Brokerage Agreement, the Principal concluded a legal transaction, for which the brokerage order was given to the exclusive Broker, by circumventing the Broker and through another Broker, he is obliged to pay the Broker actual costs made during brokerage. If the amount of Brokerage Fee is not agreed, the Principal is obliged to refund the Broker actual costs made during brokerage that cannot be higher than the Brokerage Fee for the brokerage.
When concluding the Exclusive Brokerage Agreement, the Broker is obliged to particularly warn the Principal on the meaning and legal consequences of such an agreement.
BROKER’S OBLIGATIONS
Article 7
By signing the Real Estate Brokerage Agreement, the Broker is obliged to deliver particularly the following:
- To try to find and connect to the Principal a person with the aim of concluding a brokerage transaction,
- To make the Principal familiar with the average market price for a similar real property,
- To examine documents proving ownership or other proprietary right on the said real property and warn the Principal on evident deficiencies and possible risks related to the unsorted land-registry status of the real property, registered proprietary rights or other rights of third persons on the real property.
- To perform activities necessary for presenting (presentation of) the real property on the market, advertise the real property in an appropriate way, and to perform all the other activities agreed with the Real Estate Brokerage Agreement that exceed usual presentation , for which he is entitled to special costs stated in advance,
- To make the examination of the real property possible,
- To mediate in negotiations and make efforts to conclude the agreement,
- To keep Principal’s personal data, and, on Principal’s written order, to keep a business secret information on the real property that is subject to brokerage or in relation to this real property or a deal that is subject to brokerage,
- If the subject of concluding the agreement is a land plot, to check the purpose of the land plot in line with valid regulations on physical planning relating to this land plot,
- To inform the Principal on all circumstances that are important for the intended deal, which are known to him or which should be known to him.
Article 8
The Broker is obliged to keep a business secret all information that he gets to know while performing brokerage and that refer to the Principal, the real property he performs brokerage for or that are related to this real property or to the transaction he performs brokerage for or the transaction he concludes based on a special authorisation.
If he violates his obligation of keeping a business secret, the Broker is obliged to recover the damaged persons damages that these persons suffered due to disclosing i.e. not keeping a business secret.
The obligation of keeping a business secret shall not be considered violated if he, for the purpose of protection, discloses the information to third persons that he tries to connect to the Principal, which is absolutely necessary for the Broker to meet his obligation form the Brokerage Agreement, which he concluded with the Principal.
PRINCIPAL’S OBLIGATIONS
Article 9
By signing the Real Estate Brokerage Agreement, the Principal is obliged to deliver particularly the following:
- To inform the Broker on all circumstances that are important for rendering brokerage services and present correct information on the real property,
- To provide the Broker with documents for examination that prove his ownership on the real property i.e. other proprietary right on the real property that is subject to the Agreement,
- To make the visitation of the real property possible for the Broker and a third person interested in concluding a brokerage transaction,
- After the brokerage legal transaction has been concluded i.e. the preliminary agreement, with which he undertook to conclude the brokerage legal transaction, to pay the Broker the Brokerage Fee unless otherwise agreed,
- If this is explicitly agreed, to refund the Broker the costs made during brokerage that exceed usual brokerage costs,
- To inform the Broker in writing on all changes related to the transaction for which he authorized the Broker.
The Principal shall not be obliged to enter into negotiations for concluding the brokerage transaction with a third person, which was found by the Broker, nor to conclude a legal transaction and the provision of the agreement that governs otherwise is null and void.
The Principle shall be liable for damages if he does not act in good faith.
BROKERAGE FEE
Article 10
For performed brokerage at the purchase, sale, exchange, business and private lease of real properties, the Broker collects a Brokerage Fee.
The fee amount should not exceed 6% of the purchase price of the real property. If the Real Estate Brokerage Agreement does not lay out otherwise, the fee amount shall be applied in line with the Price List of these Standard Terms and Conditions. The Broker gains right to a Brokerage Fee in entirety immediately after the first brokerage transaction entered into between contractual parties (preliminary agreement, sale and purchase agreement) has been concluded.
Article 11
If the party independently offers a Brokerage Fee i.e. a fee higher than the agreed one, the Broker can receive such a fee provided that such a fee is not in evident disproportion with Broker’s services, his working results and party’s financial standing.
Article 12
In case of brokerage where a party – a principal on their own or through a third person found an interested person, the Broker can, on his conscience, charge actual costs occurred in relation to the said transaction.
Article 13
The Broker shall be considered to have enabled the connection to the other person for negotiating the brokerage transaction if the contact with the other person (natural or legal), with whom he negotiated on concluding the legal transaction, is made available to the Principle, and particularly if the Broker:
- Directly took or referred the Principle to the third person for the visitation of the real property that is subject to brokerage,
- Arranged a meeting between the Principal and the other contractual person with the aim of negotiating on concluding a legal transaction,
- Informed the Principle on the name, phone number, fax number, email of the person authorised for concluding a legal transaction or informed him on the accurate location of the inquired real property.
Article 14
If the Principle withdraws from concluding the preliminary agreement and/or purchase and sale agreement after the Broker has performed all the activities required for concluding the latter, the Principle is obliged to refund the Broker material costs arisen from preparing a legal sale and purchase transaction and preparing documentation.
Article 15
Price List makes an integral part hereof.
PRICE LIST
of brokerage fees for brokerage performed at sale and purchase
Agencies are obliged to charge a fee for performed brokerage.
SALE AND PURCHASE
The fee is charged in percentages from the totally achieved amount of the purchase price.
Highest total fee 6 %
Lowest total fee 4 %
SALE
The Brokerage Fee for brokerage in selling a real property (collected from the Seller)
is charged 2 – 4 %, but not less than HRK 7.500,00
PURCHASE
The Brokerage Fee for brokerage in purchasing a real property (collected from the Buyer)
2 – 3 %, but not less than HRK 7.500,00
The fee is collected from the Buyer if it is agreed or if the Broker received from the Buyer a written or oral order for searching for a real property.
All of which increased by appertaining VAT in the amount of 25 % .
PRIVATE AND BUSINESS LEASE– fee from both business and private lessor
Percentage from monthly rental fee
75 % – Minimum
100 % – For private or business lease in the duration of 12 to 59 months
150 % – Minimum for private or business lease in the duration of 60 months (5 years) and more
PRIVATE AND BUSINESS LEASE – fee from both private and business lessee
Percentage from monthly rental fee
75 % – Minimum for private lease
100 % – Minimum for business lease
100 % – For private or business lease in the duration of 12 to 59 months
150 % – Minimum for private or business lease in the duration of 60 months (5 years) and more
Services for changing the public utilities payer at the public utilities service providers and other services – HRK 740
Consulting services -1 % of the totally achieved amount of the purchase price
Estimate of the market price for the real property– HRK 2.000,00
VAT is not included in the price.
TERMINATION OF THE AGREEMENT
Article 16
The Brokerage Agreement is concluded for the period of 12 months or for an indefinite period and terminates when the period for which it is concluded expires, unless within this period an agreement has not been concluded for which it was mediated, or by cancellation of any of contractual parties. The Principal shall acknowledge brokerage even after the agreement expired if the contact to a third person was realized for the duration of the agreement. If the Principal, before the agreed deadline expires, unilaterally cancels the agreement, he is obliged within 7 (seven) days to refund the Broker all brokerage costs that occurred until the cancellation of the agreement and that are related to advertising costs, material costs and other, all of which if these are agreed and occurred.
The Principal is obliged to refund the Broker the costs made, for which otherwise was already agreed that these are separately paid by the Principal.
If within one year after the agreement has not been valid the Principal concludes a legal transaction with a person to whom the Broker connected him, and for which the Broker mediated during the validity period of the agreement, he is obliged to pay the Brokerage Fee in entirety unless otherwise is agreed with the agreement.
TERMINATION OF BROKERAGE AGREEMENT
Article 17
- The Brokerage Agreement concluded for an indefinite period shall terminate when cancelled by any of contractual parties.
- The Principal is obliged to refund the Broker occurred costs for which otherwise is explicitly agreed that they are paid separately by the Principal.
- If, within the duration of the brokerage agreement, the Principal concludes a legal transaction that is mainly a consequence of Broker’s activities, he is obliged to pay the Broker the Brokerage Fee in entirety, unless otherwise is agreed with the agreement.
FINAL PROVISIONS
Article 18
To all relationships that are not governed herewith or with the Brokerage Agreement, provisions of the Real Estate Brokerage Act and the Civil Obligations Act of the Republic of Croatia. In case of dispute between contractual parties, Municipality Court in Rijeka shall be the competent court unless otherwise agreed.
Article 19
A party can file a complaint in the Book of Consumers’ Complaints that is located in the Broker’s business premises.
Article 20
By signing the Brokerage Agreement, the Principal grants explicit consent to the company Annalinea d.o.o. for using the personal identification number, citizen’s unique number and other data from the agreement and confirms that he is informed on using such data and that he agrees with terms and conditions.
Company Annalinea d.o.o can use the said data for the purpose of identifying the client and protecting financial interests in doing business of Annalinea d.o.o.
Data are considered a secret and cannot be delivered to third persons unless these are necessary for realization of agreed and legal obligations.
Standard Terms and Conditions are valid from 01.01.2015
Annalinea d.o.o.
Željka Rubinic
