Aukcija nekretnina

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General terms and conditions

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General terms and conditions of business

The general terms and conditions of business determine the working relation between the real estate agency 'Aukcija Nekretnina d.o.o.' (hereinafter: Agency) as the broker, and the client (a physical or legal person).
With the formation of the Brokerage Contract, the client accepts that they are familiar with and in agreement with all the terms and conditions of business of the Agency.

1. Offer

The offer produced by the Agency contains information that is received either in written or oral form, and is also conditionally confirmed. The Agency retain the right for there to be possible mistakes/ errors in the description and price of the property, the possibility that the advertised property has already been sold (or rented out), or that the vendor has withdrawn from the sale (or rent/lease) of their property.
The recipient (client) must treat the offer, as well as all information, provided by the Agency as confidential and shall only disclose it to a third party with the agency's written consent.
In so far as the recipient is already familiar with the property that the Agency have offered, they are obliged to inform the agency immediately.

2. The Agency' obligations

1. To draw up in writing a Brokerage Contract with the client (standard or exclusive).
2. To endeavour to find a third party and to introduce them to the client for the purpose of concluding brokered negotiations.
3. To familiarise the client with the average market price of similar property.
4. To warn the client about the property's limitations.
5. To undertake an inspection of the documents that prove the ownership or other legal rights related to the property in question, as well as caution the client of any noticeable absences and possible risks arising in cases where the property has irregular ownership documents.
6. To carry out the necessary work in terms of presenting the property on the market and to advertise the property in a way as determined by the agency.7. To arrange viewings of the property.
8. To keep the personal details of the client secure, and upon written notice given by the client to confidentially treat details about the property in question, or details that are related to the property or work that is being brokered.
9. To inform the client about all circumstances known by the Agency relevant to the proposed work.
10. To broker the negotiations and endeavour that they result in the formation of a legal sales-purchase contract.
11. To be present at the drawing up of the legal work (Preliminary contract and Contract).
12. To be present at the transfer of the property that is the subject of legal work.

It shall be considered that the Agency have helped the client to make contact with a third party (physical or legal person) in terms of concluding brokered negotiations in those cases where they have helped the client make contact with another person with whom they have concluded legal work proceedings. This is especially the case when the agency directly led or directed the client, or a third person, to view the property in question, arranged a meeting between the client and other responsible persons concerning the negotiations for concluding legal work, gave the client the name, telephone number, fax, e-mail of another person authorised for concluding the legal work, or gave them the precise location of the sought after property.

3. Client obligations

1. To form a standard, or exclusive, written contract with the Agency about the transfer of property.
2. To inform the Agency about all relevant circumstances regarding the brokerage and to produce exact details for the property. If they own it, this includes allowing the broker to examine the location, building and usage permits of the property that is the subject of the contract, as well as enabling the broker to see evidence that any obligations with a third party have been concluded.
3. To allow the broker to examine those documents that prove their ownership of the property, and other legal rights relevant to the property that is the subject of the contract, as well as warn the broker about all registered and unregistered encumbrances, charges and other impediments on the property.
4. To ensure that the Agency, as well as third parties interested in forming a contract, are able to view the property in the presence of an Agent.
5. Inform the Agency about all important details about the selected property. This, in particular, should include a description of the property and its price.
6. If the Agency and the client have agreed upon the payment of a brokerage fee at the time of the signing of the Preliminary contract, then the client will pay the Agency the fee immediately after the Contract or the Preliminary contract has been drawn up, which guarantees the conclusion of the legal work, unless it has been agreed otherwise.
7. If it has been agreed, they shall reimburse the Agency any costs incurred during the brokerage that exceed regular brokerage costs including the payment of an Entry fee for the property auction.
8. To inform the Agency in writing about any changes connected to the work that has been authorised by the client, and in particular about any changes in terms of the ownership of the property.
9. The client shall be responsible for all costs incurred, if they have not presented themselves in good faith, if they have presented themselves fraudulently, if they have hidden or presented incorrect data salient to the brokerage work that aims to draw up a contract. They shall also be obliged to reimburse the Agency for all costs incurred during the broker's work, which cannot be greater than the brokerage fee for the broker's work.

4. Realizing the rights for fees

The Agency realise the right to the full fee when the brokerage work is concluded or at the point of signing the Preliminary contract or Contract that obliges the client to conclude the brokerage of the legal work.
The scale of the brokerage fee for the broker's work that has been carried out up the point of sales-purchase, exchange, lease or rent of the property is paid in accordance with the Brokerage Contract.
The Agency shall be allowed to ask for a payment of any costs incurred whilst carrying out the client's request, and may ask that they are paid in advance in the form of a deposit for specific expenses, including a payment of an Entry fee for the property auctions.
The client is obliged to pay a fee to the Agency when they have concluded a contract with a party that was introduced to them by the Agency, which is of the same value as the legal work or which achieves the same purposes as the brokered legal work.
The Agency has the right to a fee if the marriage partner, extra-marital partner, descendent or parents of the client conclude a contract with someone whom the Agency introduced the client to.

5. Fee amounts

The following percentages are paid as a brokerage fee, and VAT is added to them.

5.1 Property Sales
The fee of the Agency amounts to 3% of the sales-purchase price of the property.
With those client's who have an exclusive Brokerage Contract with the Agency, the fee is paid according to the amount as agreed and defined in the contract.

5.2 Property Purchase
The fee of the Agency is 2,5% of the total amount of the property purchase price.

The fee is paid by the buyer in so far as it has been agreed, or in so far as the Agency have received a written or oral request from the purchasing party to search for property, as well as if the buyer attends and buys a property at the property auction.

In cases where the Agency has an exclusive Brokerage Contract, the fee is paid according to the amount as agreed and defined in the contract.

5.3 Property Exchange
The fee of the Agency amounts to 3% and is paid by both parties involved in the exchange, where the percentage is calculated according to the value of the property involved in the exchange.

5.4 Property Rent/ Lease
For rental/leasing contracts brokerage fee is a percentage of the monthly rental sum and this is calculated in the following way:
For the contracts of up to 5 years the fee equates to 100% of the agreed monthly rental or lease amount for both parties (landlord, vendors, tenants and lessees).
For the contracts over 5 years the fee equates to 150% of the agreed monthly rental or lease amount for both parties (landlords, vendors, tenants and lessees).
In cases where the Agency has an exclusive Brokerage Contract, the fee is paid according to the amount as agreed and defined in the contract.

5.5 Hourly brokerage fee

The hourly fee for the Agency with associated costs (time spent, formation and advertising, as well as other costs connected to the brokerage work) amounts to HRK 250.

6. Cancellation of contract
The Brokerage Contract is drawn up within a defined period and terminates at the end of the time period for which it has been drawn up, on the condition that during this period a contract has not been concluded or if none of the contracted parties have given notice about the cancellation of the contract. In cases of cancellation, the contracted party is obliged to give written notice to the other party about its cancellation. If cancellation notice is not expressly defined in the Brokerage Contract, the notice time period is 7 days upon receipt of notice of cancellation. When the Brokerage Contract about property exchange has terminated as a result of cancellation, the contracted parties no longer have any claims towards one another.

The parties can terminate the Brokerage Contract for the transfer of property prior to the end of the contracted period only on the basis of suitably justifiable reasons. The client in this case is obliged to reimburse the agency any costs that have been incurred.
If after the end of the Brokerage Contract the client draws up legal work that is a direct consequence of the work of the Agency, which was carried out before the expiry of the Brokerage Contract, then the client is obliged to pay the Agency the brokerage fee in its entirety, unless it has been otherwise agreed in the Brokerage Contract.

When the contract expires, the Client is obliged to compensate the Agency all those costs incurred that the client has agreed they will pay.

If client withdraws their property from the property auction but before the auction's event has actually taken place, and for which withdrawal client is entitled to, then the cost of such withdrawal from the auction is equal to the amount of Property Sales Fee as described in the article 5.1 above and the fee is payable to the Agent.

7. Collaboration with other agencies

The Agency is prepared to collaborate with other brokerage agencies in the transfer of property in so far as they respect the ethical principles (which excludes the possession of false data about operations concerning the procurement of work and customers, the denouncement of other agencies in any way concerning the procurement of work and customers, the unrealistic evaluation of property regarding the carrying out of brokerage work, excluding other agencies from the market, and declarations in the media for the purpose of personal promotion to the detriment of other agencies).

8. General conditions and the resolution of disputes

The relations between the Client and the Agency arising from the Brokerage Contract, which are not regulated by these General Conditions, nor by a Brokerage Contract, will be subject to the general provisions by the Real Estate Agent Act and the Obligatory Relations Act.

Eventual disputes will be settled by the authorised competent court(s) in Zagreb.

'Aukcija Nekretnina d.o.o.'