Terms of Business

 

General Terms and Conditions of the company AGATHIAS d.o.o. (Llc.), realtor, Zavrtnica 17, Zagreb.

 

GENERAL PROVISIONS

Article 1
The General Terms and Conditions of broker’s operations in real estate transactions (hereinafter referred to as: General Terms) regulate the business relationship between the agency  
for facilitating real estate transactions (hereinafter referred to as: Broker) and the natural person or legal entity (hereinafter referred to as: Principal) which
concludes the brokerage agreement with the broker. The General Terms comprise an integral part of the brokerage agreement concluded between the broker and the principal.

 

Article 2
The individual terms and names within the meaning of these General Terms shall have the following meaning:
∙ Broker in real estate transactions means authorised Broker that meets the requirements for performing brokerage in real estate transactions or
the agency for brokerage in real estate transactions AGATHIAS d.o.o. (Llc.) for services, Zavrtnica 17, Zagreb, ID no. (‘OIB’): 06678494675 (hereinafter referred to as: Broker).
∙ Brokerage in real estate transactions means actions of a broker in real estate transactions that facilitate the connecting of the principal and a third party, and the negotiations and
preparation for the conclusion of legal transactions the subject of which is a specific real estate, particularly in sale and purchase, exchange, rent, lease, etc.
∙ Real estate agent means a natural person who is registered in the Directory of Brokers in Real Estate Transactions and employed as such
at the Broker (hereinafter referred to as: Agent).
∙ Real estate means parcels of earth surface, together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions
of the general regulation on ownership and other rights in rem.
∙ Principal means natural or legal person who is concluding the brokerage agreement with the broker in real estate transactions (seller, buyer, lessee,
lessor, and other possible participants in real estate transactions).
∙ Third party means person or entity who the broker in real estate transactions strives to connect with the principal for the purpose of negotiating the conclusion of legal transactions
the subject of which is a specific real estate (hereinafter referred to as: Third Party).
∙ Brokerage fee means the amount that the Principal shall pay to the Broker for brokerage services

 

OFFER OF PROPERTIES
Article 3
Our offer is based on the information we receive in writing and verbally from the Principal. There exists a possibility of error in the description and price
of property and a possibility that the advertised property has already been sold, rented, or that the property owner has withdrawn from sale/rent.
The recipient (principal) must keep our offers and notifications as a business secret and may only transfer them to a third party upon our approval in writing.
If the recipient of our offer is already familiar with the properties we have offered, they will notify us in writing thereof without delay,
by email or registered letter.

 

PRICE OF PROPERTY
Article 4
Prices of properties are shown in euros.

 

BROKERAGE AGREEMENT
Article 5
Under the Agreement on Brokerage in Real Estate Transactions (hereinafter referred to as: Agreement) the Broker undertakes to strive to find and connect with the Principal
a Third Party for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a certain right on a real estate, while the Principal undertakes
to pay for it a certain brokerage fee (hereinafter referred to as: Fee), should that legal transaction be concluded.
The Agreement shall be concluded in writing and for a definite period of time.
If the contracting parties fail to agree on the term of the Agreement, the Agreement shall be deemed as concluded for a definite period of 24 months and may
be extended several times by an agreement of the parties hereto.

 

TERMINATION OF BROKERAGE AGREEMENT
Article 6
The Brokerage Agreement concluded for a definite period of time shall terminate by the expiration of the term for the duration of which it was concluded unless an agreement was concluded within that period  
which was facilitated, or it was terminated by any of the contracting parties.
The Principal shall compensate the Broker for any incurred expenses which were expressly agreed upon as to be paid by the Principal.
If within a period not longer than the term of the concluded Agreement after the termination of that Agreement the Principal concludes a legal transaction that is predominantly
a consequence of the Broker's activities before the termination of the Brokerage Agreement, it shall pay the Broker the brokerage fee in full,
unless otherwise agreed in the Agreement.

 

EXCLUSIVE BROKERAGE
Article 7
By the Agreement, the Principal may undertake not to commission any other broker for the facilitated transaction (exclusive brokerage), which obligation
must be expressly agreed. If during the term of the Agreement on Exclusive Brokerage the Principal has concluded a legal transaction aside the Broker through
another broker, and for which the exclusive Broker had been given an order for facilitation, it shall pay the Broker for the actual costs incurred during
brokerage. Unless the amount of the Fee is agreed upon, the Principal shall compensate the Broker for the actual costs incurred during the brokerage which may not
exceed the Fee for the facilitated transaction.
When concluding an agreement on exclusive brokerage, the Broker shall specifically warn the Principal about the meaning and legal consequences of this clause.
The Agreement on Exclusive Brokerage concluded for a definite period of time shall terminate by the expiration of the term for duration of which it was concluded unless within that period an agreement was concluded
which was facilitated, or it was terminated by any of the contracting parties.
The Principal shall compensate the Broker for any incurred expenses which were expressly agreed upon as to be paid by the Principal.
If within a period not longer than the term of the concluded Agreement on Exclusive Brokerage after the termination of that Agreement the Principal concludes a legal transaction that is predominantly
a consequence of the Broker's activities before the termination of the Agreement on Exclusive Brokerage, it shall pay the Broker the brokerage fee in  
entirety, unless otherwise agreed in the Agreement.

 

OBLIGATIONS OF THE BROKER
Article 8
By signing the Agreement on Brokerage in Real Estate Transactions the broker undertakes to perform the following, and in particular to:
1. aspire to find and connect with the principal a person/entity for concluding the facilitated transaction,
2. make the client familiar with the average market price of a similar real estate,
3. inspect public documents that prove the ownership or other right in rem on the real estate concerned and warn the principal of obvious
defects and possible risks related to the unregulated land registry state of the real estate, registered rights in rem or other third-party rights on
the real estate, legal consequences of default towards the third party, deficiencies in the building and occupational permits in accordance with a special law,
the circumstances of the obligation to apply the right of first refusal, and restrictions in legal transactions in accordance with special regulations
4. perform the actions necessary to present the real estate on the market, advertise the real estate in an appropriate manner, as well as carry out
all other actions agreed in the agreement on brokerage in real estate transactions that exceed the usual presentation, for which it shall be entitled to separate,
aforehead presented expenses,
5. enable property viewing,
6. facilitate negotiations and strive to bring about conclusion of an agreement,
7. protect the principal's personal data, and upon the principal's order in writing, keep as a business secret the information on the real estate for which it is providing brokerage or
related to that real estate or to the facilitated transaction,
8. if the subject of the agreement is land, verify the use of the land concerned in accordance with the applicable regulations on spatial planning  
related to that land,
9. notify the principal about all circumstances that are important for the intended transaction and are known to it or must be known to it
10. make the Principal familiar with the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (Official Gazette Narodne Novine 87/08).

 

OBLIGATIONS OF THE PRINCIPAL
Article 9
To conclude the Brokerage Agreement with the Broker and to:
1. notify the Broker of all the circumstances that are important for carrying out brokerage and to present accurate information about the real estate, and
if in their possession, enable the Broker to inspect the location, construction or occupancy permit for the real estate that is the subject of the agreement, and present
the Broker with evidence of the fulfilment of obligations towards the Third Party,
2. present the Broker with the documents proving its ownership of the real estate, or other right in rem on the real estate that is
the subject of the agreement and to warn the broker of all registered and unregistered encumbrances that exist on the property,
3. ensure property viewing to the Broker and the third party interested in concluding the facilitated transaction,
4. notify the Broker about all relevant information on the requested real estate, which includes in particular the description of the real estate and price,
5. after concluding the preliminary agreement, pay the Fee to the Broker,
6. compensate the Broker for the expenses incurred during the brokerage exceeding the usual costs of facilitation,
7. notify the Broker in writing about all changes related to the transaction for which it has authorised the Broker, and especially about any changes
related to the ownership of the real estate. The Principal may choose not to enter any negotiations for concluding a facilitated transaction with the Third Party
that the Broker found, nor to conclude a legal transaction. The Principal shall be liable for damages, unless it acted therein in good faith, and
shall compensate all costs incurred during brokerage, which may not exceed the Fee. The Principal will be liable for damages
if it acted fraudulently, if it withheld or provided incorrect information essential for the brokerage operations aimed at completing the facilitated transaction.

BROKERAGE FEE
Article 10
The amount of the brokerage fee shall be set by the brokerage agreement.
The agreed brokerage fee shall cover the performance of all acts by the Broker as specified under paragraph VI. of the General Terms.
In the case of performing actions that are not included under paragraph VI. of the General Terms based on the request of the Principal, the price for the brokerage hourly rate amounts to 100,00 €.
In the case of performing actions that are not included under paragraph VI. of the General Terms based on the request by the Principal, the Principal is liable, in addition to the compensation for  
brokerage working hours used, to compensate the Broker for the actual costs of performing those actions.
In the event that the concluded legal transaction also includes the conclusion of a preliminary agreement by which the Principal and the Third Party undertake to conclude the main agreement in connection with the
real estate that is the subject of brokerage, the Principal undertakes to pay the brokerage fee to the Broker in two equal parts, of which the first
shall accrue on the day of the conclusion of the preliminary agreement, and the second one on the day of the conclusion of the main agreement or on the date of expiry of the deadline set by the preliminary agreement for the conclusion of the main  
agreement. In the event that the concluded legal transaction includes only the conclusion of the main agreement in connection with the real estate that is the subject of brokerage, the Principal  
undertakes to pay brokerage fee to the Broker on the day of the conclusion of the sale and purchase agreement.
Neither withdrawal from the performance of the concluded agreement of the Principal or the Third Party with whom the Principal concluded a preliminary agreement regarding the real estate that is the subject of brokerage nor waiver of the performance of the concluded agreement
by the Principal or the person/entity with whom the Principal concluded an agreement regarding the real estate that is the subject of brokerage shall affect
the obligation of the Principal to pay the Broker a compensation for brokerage in the amount and in the manner as determined by this article and the concluded brokerage agreement.
The Principal shall pay the Fee even when it has concluded a legal transaction with the Third Party, whereto it was directed by the Broker and wherewith the Broker brought him into contact,
which transaction is different from the facilitated one and achieves the same purpose as the facilitated transaction or the object of which is the real estate that is
the object of brokerage.
It shall be deemed that the Broker has facilitated the Principal to enter into a relationship with a Third Party if: it directly took or directed the Principal to view the property concerned,
organised a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of a legal transaction, communicated to the Principal the name and surname or company,
phone number, e-mail address of the Third Party authorised to conclude a legal transaction, or communicated the exact location of the requested real estate.
After termination of the Agreement, the Broker shall be entitled to Compensation within a period not longer than the duration of the concluded Agreement including in the cases when the Principal enters with a Third Party into a legal transaction  
which is mostly a consequence of the Broker's actions prior to the termination of the Agreement.
If the Principal withdraws during the conclusion of the facilitated transaction (after the Broker has submitted an acceptable offer), it shall pay to the Broker the amount of the agreed Fee.
The Broker is entitled to Compensation if the spouse or common-law partner, descendant or parent of the Principal, or a company, institution, or other legal entity that is the Principal,
its spouse or common-law partner, descendant or founding parent or responsible person, or the one with whom it has concluded an employment contract or a work contract, concludes
the facilitated legal transaction with the person or entity with whom the Broker brought the Principal into contact.

FINAL PROVISIONS
Article 11
For all that is not expressly regulated by these General Terms, the Act on Brokerage in Real Estate Transactions, the Civil Code, and other legal regulations shall apply.
Unless agreed otherwise, the court in Zagreb shall have jurisdiction for any legal disputes.
The General Terms and conditions shall apply from 22 August 2022.