Pursuant to the provisions of the Real Estate Brokerage Act (OG 107/07, 144/12, 14/14, 32/19), THE ONE Real Estate d.o.o. with its registered office in Rijeka, Korzo 6, OIB: 38646125649, represented by the director Ivana Mamilović (hereinafter: the Mediator),
in Rijeka, 1.1.2022, brings
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of Business (hereinafter: the General Terms and Conditions) regulate the business relationship between an intermediary and a natural or legal person (hereinafter: the Client). The General Terms and Conditions are an integral part of the Intermediation Agreement concluded between the Principal and the Intermediary.
By concluding the Mediation Agreement, the Client confirms that he is acquainted with and agrees with the provisions of the General Terms and Conditions.
Real estate offer
The real estate offer is based on the information received by the Broker in writing or orally, and is conditioned by the signature. The broker is not responsible for any errors in the description and price of the property, as well as in the event that the property in question has already been sold or rented, or its owner has given up the sale.
The Client is obliged to keep the information and offers of the Mediator as a business secret, which may only be passed on to third parties with the written approval of the Mediator.
If the Client is already familiar with the real estate offered to him by the Intermediary, he is obliged to inform the Intermediary without delay.
The Brokerage Agreement obliges the Broker to find and contact a third party to negotiate and conclude a certain legal transaction of transfer or establishment of ownership of real estate, and the Client undertakes to pay him a certain brokerage fee for concluding that legal transaction.
The mediation contract is concluded in writing for a definite period of time.
Obligations of the Mediator
By the contract on real estate brokerage, the Client undertakes to perform in particular the following:
Strive to find and bring in contact with the Client a person for the purpose of concluding an intermediary deal,
To acquaint the Client with the average market price of similar real estate,
obtain and inspect documents proving ownership or other real right on the real estate in question,
Perform the necessary actions to present the property on the market, advertise the property in an appropriate manner,
Enable real estate overview,
Mediate in negotiations and strive to reach an agreement,
To keep the personal data of the Client and, according to the written order of the Client, to keep as a business secret the data on the real estate for which he mediates,
If the subject of the contract is land, check the purpose of the land in accordance with the regulations on physical planning,
Inform the Client of all circumstances relevant to the intended work,
Perform all necessary negotiations and preparatory actions for concluding a legal deal.
The Intermediary is not responsible for non-fulfillment of obligations of the Principal or third parties, which were taken over by the concluded legal transaction between the Principal and third parties related to the real estate which is the subject of the legal transaction.
Obligations of the Principal
By means of the brokerage contract, the Client undertakes to perform in particular the following:
Inform the Broker about all circumstances that are important for the mediation and provide accurate information about the property, and if it has, give the Broker a location, construction or use permit,
To provide the Mediator with a document proving ownership, ie registered and unregistered encumbrances,
Inform the Broker about the price and description of the property,
After concluding the brokered deal, ie pre-contract, if so agreed, pay the agreed fee to the Broker,
If it is expressly agreed in the Agreement to reimburse the Mediator for the costs incurred through mediation that exceed the usual costs of mediation,
Notify the Broker in writing of all changes related to the business for which he has authorized the Broker, and in particular of changes related to the ownership of real estate.
The Client is not obliged to enter into negotiations with a third party that the Mediator has found for concluding the mediated legal transaction. If the Client enters into negotiations with a third party without the real intention to enter into a contract with that person, he will be obliged to reimburse the costs incurred during the mediation up to the agreed brokerage fee.
The Client will be liable for the damage caused if he failed to provide the Mediator or provided incorrect information relevant to the mediation business in order to conclude a legal deal, in the amount of the agreed brokerage fee.
The mediator for mediation in concluding a legal transaction is entitled to the mediation fee agreed in the Mediation Agreement.
The intermediary acquires the right to compensation immediately after the conclusion of the first legal act between the Principal and a third party.
The amount of the brokerage fee is freely determined by the Real Estate Brokerage Agreement between the Broker and the Client.
VAT is charged on the agreed brokerage fee.
The Intermediary may also charge the Client for the reimbursement of actually incurred costs, if this is specially agreed between the Intermediary and the Principal.
The Client will also be obliged to pay the commission referred to in this Article in the event that any of the above contracts is personally concluded by another related person instead of the Client.
The Mediator is entitled to compensation from this Article even after the termination of this Agreement within 12 months if the Client concludes a legal transaction with a person, spouse, household member or related company for which the Mediator is credited.
Termination of the mediation contract
The Mediation Agreement is concluded for a definite period and terminates upon the expiration of the term for which it was concluded, if the Agreement for which it mediated was not concluded within that period or by the termination of any of the contracting parties.
In case of unilateral termination of the Mediation Agreement, the notice period is 30 days unless otherwise agreed in the Agreement.
If the Client concludes a legal transaction with a third party after the termination of the contract for up to 12 months, which is a consequence of the Intermediary’s actions before the termination of the Contract, he is obliged to pay the Intermediary commission in full.
Final provisions and dispute resolution
The provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply to the relations between the Broker and the Principal arising from the Brokerage Agreement which are not determined by these General Terms and Conditions or the Brokerage Agreement.
Any disputes between the Mediator and the Principal will be resolved amicably, otherwise the competent court in Rijeka will have jurisdiction.