General terms and conditions
General terms and conditions
In accordance with the provisions of the Law on Brokerage in Real Estate (Official Gazette NN no. 107/07) real estate agency EURO IMMOBLIEN d.o.o., Korzo 40, 51000 Rijeka, VAT no. 040279174, PID (OIB) 41135080016 adopts:
GENERAL TERMS AND CONDITIONS
These General terms and conditions govern the business relationship between the real estate agency EURO IMMOBILIEN d.o.o. as the Intermediary and the Client (natural or legal person). By conclusion of the Intermediation Contract, the Client acknowledges that he is familiar with and agrees with the provisions of the terms and conditions of the real estate agency 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 – the Seller. The intermediary hereby warns the Client in advance that errors may occur regarding the description and price of the real estate, caused by inaccurate information provided by the seller or changes in conditions of sale determined by the seller, as well as the possibility that the advertised property has already been sold or the owner has withdrawn from the sale without notifying the agency in a timely manner
The recipient (the client – buyer) shall keep the received offers and information confidential and may disclose them to the third party only with the written consent of the Agency EURO IMMOBILIEN d.o.o.. If the recipient is already familiar with the real estate presented to him by the Agency, they are obliged to immediately notify the Agency on the same.
Obligations of the Agency EURO IMMOBILIEN d.o.o. to the Client - Seller:
1. to conclude an Intermediation contract with the Client (standard or exclusive)
2. to check the documents evidencing ownership or other proprietary rights over the real estate in question
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 a 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 subject of the contract 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 the 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 mediated business between the seller and a third party to their best effort
8. to inform the Client of any circumstances relevant to the intended business, the Agency has knowledge of
9. to act as Intermediary in the negotiations and try to conclude the legal business
10. perform preliminary work for concluding business.
Obligations of the Client – Seller to the Agency EURO IMMOBIEN d.o.o.
1. to conclude an Intermediation 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 the ownership or proprietary rights of the real estate, which is subject to intermediation business, to enable the Agency to take photographs of the real estate (or, if so agreed, to provide the Agency with photographs of adequate quality), and inform the Agency of all the circumstances related to the real estate in question;
3. to enable the Agency EURO IMMOBILIEN d.o.o. and third party, interested in conclusion of a legal transaction, a visit to the real estate in presence of the Agency’s employee
4. to inform the Agency EURO IMMOBILIEN d.o.o. of any changes concerning the real estate in question, especially those related to the description of the real estate, ownership status and price
5. to pay the agency EURO IMMOBILIEN d.o.o. the agreed brokerage commission immediately upon signing the Contract of Purchase and Sale, the Preliminary Agreement, or a similar legal document, 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 case if:
• the client concludes a preliminary agreement, that is, a contract of purchase and sale with the buyer introduced to him by the Agency, with family members of the buyer or with a company (co)owned by the buyer or the company in which the buyer has influence,
• the client, without an objective reason, withdraws from the sale after the Agency finds a person interested in concluding a contract.
6. if it has been expressly agreed to reimburse such costs to the Agency EURO IMMOBILIEN d.o.o., which were incurred during intermediation, and which exceed the regular intermediation costs.
Obligations of the Agency EURO IMMOBILIEN d.o.o. to the Client - Buyer:
1. to conclude an Intermediation contract with the client
2. to try to find the adequate real estate for the client, to show him the same and to bring him in contact with the seller who would negotiate with him to conclude a contract of purchase and sale (Agreement on exchange or alike)
3. to provide the buyer the proof of ownership over the real estate subject of sale
4. to inform the client about the important circumstances for concluding the deal
5. to participate in negotiations and agree on the conditions for concluding the deal
6. to make preparations for the conclusion of the deal.
Obligations of the Client – Buyer to the Agency EURO IMMOBILIEN d.o.o.:
1. to conclude an Intermediation Contract with the agency EURO IMMOBILIEN d.o.o. (standard or exclusive),
2. to pay the agreed commission to the intermediary immediately after signing the Contract of Purchase and Sale or a Preliminary Agreement or a similar legal document and receiving the first amount of money as down payment or the purchase price.
The Client undertakes to pay the brokerage commission also in the event that the legal transaction related to the purchase and sale of real estate has been concluded between a blood relative, in-law party, extramarital partner, plenipotentiary, or legal entity of the Client on whom the Client has influence, and the real estate owner who the Intermediary has brought the Client into contact with.
Intermediary commission and price list
The Agency is entitled to an agency fee - commission in full at the time of the conclusion of mediated transaction (by signing a Preliminary Agreement or a Contract) by which the Client undertook to conclude the mediated legal transaction. The commission is paid to the Agency at the same time or immediately after the conclusion of the legal transaction for which the Agency performed the intermediation.
Legal transaction is considered concluded when the Client and third party agree on contract subject and price, that is, in the moment of closing the contract, the preliminary agreement, and/or payment of the down payment for the mediated legal transaction. According to these conditions, the mediated legal transaction is also considered to be of such kind in case when a client concludes a contract, a preliminary agreement, and/or pays the down payment with third party, who was introduced to him by the Agency, for real estate owned by a third party or his family members although they are not expressly stated in the Intermediation contract.
The brokerage commission includes all costs that the Agency EURO IMMOBILIEN d.o.o. has had during the intermediation process. This does not apply to costs for activities incurred in case when the Agency agreed with the Client to perform other services related to the legal transaction that is subject of intermediation, which are not part of regular intermediation business. The intermediation commission is determined by the Intermediation contract, increased by VAT.