General terms and conditions
In accordance with the provisions of the Law on Brokerage in Real Estate ("OG" br.107/07) real estate agency EURO IMMOBLIEN d.o.o., Korzo 40, 51000 Rijeka, VAT no. 040 279 174, Pers.ID no. 41135080016 shall:
General terms and conditions
These General terms and conditions govern the business relationship between the real estate agency EURO IMMOBILIEN d.o.o. as Broker and the Client (physical or legal person). By conclusion of the Brokerage contract, the Client acknowledges that he is familiar and agrees with the provisions of the terms and conditions of EURO IMMOBILIEN d.o.o..
The offer of the real estate agency EURO IMMOBILIEN d.o.o. is based on the data received in writing or orally by the Client - Seller. The Broker withholds the possibility of error in the description and price of the real estate which may arise due to incorrect information given by or changes in conditions of sale by the seller and the possibility that the advertised real estate is already sold or the owner withdrew from sale, without notifying the agency in time on this matter.
Received offers and information the recipient (the Client - Buyer) must keep confidential and may disclose them to the third party only with written approval by the Agency EURO IMMOBILIEN d.o.o.. If the recipient is already familiar with the offered real estate, he must promptly notify the Agency on the same.
Obligations of the Agency EURO IMMOBILIEN d.o.o. towards the Client - Seller:
1. to close a Brokerage contract with the Client (standard or exclusive);
2. to check the documents evidencing ownership or other proprietary right over the subject real estate;
3. to inform the Seller on market value of the real estate and to point out its possible legal or physical disadvantages;
4. to organize visit to the real estate, perform all the actions necessary for presentation of the real estate on the market and advertise the real estate in a manner determined by the Agency;
5. if the contract subject is land, to check the intended use of the land in accordance with the regulations on spatial planning which relate to the land and to notify interested parties on the same;
6. to keep Client’s personal information and other data, as requested by the Client, as a business secret;
7. to seek an opportunity for closing the contract on the brokered matter between the Seller and third parties with diligence of a good businessman;
8. to inform the Client of any circumstances relevant for the intended business that are known to the Agency;
9. to act as Broker in the negotiations and try to come to the conclusion of the legal activity;
10. to present the conclusion of legal activity (contract and pre-contract);
11. to act as Broker in the handover of the property; 12. in cooperation with the law office to prepare the real estate purchase pre-contract, purchase contract and title deed.
Obligations of the Client – Seller towards the Agency EURO IMMOBIEN d.o.o.
1. to conclude a Brokerage contract with the Agency EURO IMMOBILIEN d.o.o. (standard or exclusive);
2. to give the Agency accurate information about the real estate and to provide all the documents proving his ownership or proprietary rights over the real estate subject of brokerage activities, to enable the Agency taking photographs of the real estate (or, if so agreed, to provide the Agency photographs of adequate quality), and inform the Agency of all the circumstances related to the subject real estate;
3. to enable the Agency EURO IMMOBILIEN d.o.o. and third party, interested in conclusion of a legal activity, visit to the real estate in the presence of the Agency’s employee;
4. to inform the Agency EURO IMMOBILIEN d.o.o. of any changes concerning the real estate subject of brokerage, especially those related to the description of the real estate, ownership status and price;
5. to pay the agency EURO IMMOBILIEN d.o.o. commission in the amount of 3% (three percent) of the determined total purchase price (or of the value of the real estate determined during the legal activity through which it changes the owner), immediately after signing the sales contract, pre-contract or other similar legal document, and after receiving the first amount of money as down payment or the purchase price. The Client acknowledges brokerage activities, that is, the Agency EURO IMMOBILIEN d.o.o. is entitled to the agreed brokerage commission in full also in the case if:
• the Client closes a pre-contract, that is, purchase contract, or purchase agreement with the Buyer introduced to him by the Agency , with Buyer’s family members or with a company (co)owned by the Buyer or the company in which the Buyer has certain influence,
• the Client, without an objective reason, withdraws from the sale after the Agency finds a person interested in closing a contract.
6. If it is expressly agreed to reimburse the Agency EURO IMMOBILIEN d.o.o. the costs incurred during the brokerage, which exceed the normal brokerage costs.
Obligations of the Agency EURO IMMOBILIEN d.o.o. towards the Client - Buyer:
1. to close a Brokerage contract with the Client;
2. to try to find the adequate real estate for the Client, to show him the same and to introduce him to the Seller interested in negotiations on closing the contract (Agreement for exchange or alike);
3. to provide the Buyer the proof of ownership over the real estate subject of sale;
4. in cooperation with the law office to prepare real estate purchase pre-contract, purchase contract and title deed;
5. to organize the verification of Seller and Buyer signatures by a public notary;
6. to be present upon the payment of the purchase price and real estate handover, on which occasion a handover protocol is drawn up;
7. if the Client authorizes the Agency EURO IMMOBILIEN d.o.o. to do so, the Agency will:
• submit request for tax refund at the Tax Administration;
• edit and submit all the documentation required for the transfer of overhead expenses from the Seller to the Buyer;
• submit, on behalf of the Buyer, a proposal for registration of ownership over the purchased real estate at the Land Registry of the competent Municipal Court.
Obligations of the Client – Buyer towards the Agency EURO IMMOBILIEN d.o.o.:
The Client - Buyer must pay the Broker a commission in the amount of 3% (three percent) of the determined total purchase price (or of the value of the real estate determined during the legal activity through which it changes the owner), immediately after signing the sale contract, pre-contract or other similar legal document, and after receiving the first amount of money on behalf of the down payment or purchase price.
The brokerage activities will be considered as done also in case if the pre-contract or contract is closed with the Seller and Buyer’s family members or with a company in which the Buyer has certain influence.
Brokerage commission and price list
The Agency is entitled to an agency fee - commission in full at the time of the conclusion of brokered matter (by signing a pre-contract or contract) on the basis of which the Client is obligated to conclude the brokered legal activity. The commission is paid to the Agency at the same time or immediately after the conclusion of the legal activity for which the Agency performed the brokerage.
Legal activity is considered concluded when the Client and third party agree on contract subject and price, that is, in the moment of closing the contract, pre-contract and/or payment of the down payment for the transaction was mediated. According to these conditions, the brokered legal activity is also considered the case when a Client closes a contract, pre-contract and/or pays the down payment with third party, who was introduced to him by the Agency, for real estate owned by third parties or his family members although the same are not expressly stated in the Brokerage contract.
The brokerage commission includes all costs that the Agency EURO IMMOBILIEN d.o.o. had during the brokerage. This does not apply to costs for activities incurred in case if the Agency agreed with the Client to perform other services related to the legal activity subject of brokerage which are not included in the normal brokerage activities.
The contracted agency commission includes the court fees for registration, advanced entry and entry into the Land Registry, notary fees for verification of signatures on documents, fees for obtaining the title documents, a copy of the cadastral plan, identification related to the concluded legal activity.
The brokerage commission is determined by the Brokerage contract and shall not exceed a total of 6% of the total purchase price of the real estate plus VAT.
Price list of the Agency Euro Immobilien d.o.o.:
|PURCHASE - SALE
The commission is charged in percentages from the total agreed amount of the purchase-sale price.
|The highest commission in total||6%|
|The lowest commission in total||6%|
|Commission for brokerage activities during the sale (charged to seller)||3% but no less than 6.000,00 KN|
|Commission for brokerage activities during the purchase (charged to the buyer)||3% but no less than 6.000,00 KN|
|The commission is to be paid by the buyer if agreed so or if the broker received client's written or oral request to search for the real estate.|
|In case of real estate exchange, the commission is to be paid by both parties in change business, and the percentage is calculated on the basis of value of the real estate which the party has acquired through the exchange.||3%|
VAT is not included in price
To the relations between the client and the agency arising from the Brokerage contract that are not governed by these General terms and conditions or Brokerage contract, the provisions of the Law on Brokerage in Real Estate and Civil Obligations Act are to be applied. For possible disputes, the subject matter jurisdiction is that of the court on the island of Krk.