General Terms

Pursuant to Article 18 of the Law on mediation in real estate transactions (Official Gazette 107/07, 144/12, 14/14, 32/19, hereinafter: Law), FAMILY NEKRETNINE d.o.o., OIB: 29630530571, Fažana (Municipality of Fažana - Fasana) Ulica Dragonja 8 – Via Dragogna 8, as a real estate broker, publishes

GENERAL TERMS OF BUSINESS

GENERAL PROVISIONS

Article 1.

These General Terms and Conditions for Mediation (hereinafter: General Terms and Conditions) regulate the business relationship between FAMILY NEKRETNINE d.o.o., as an intermediary in real estate transactions, and a natural or legal person who enters into a written agreement on mediation in real estate transactions with the intermediary.

The general terms and conditions of business are an integral part of the contract on mediation in real estate transactions concluded between the mediator and the client.

MEANING OF TERMS

Article 2.

Certain terms and names in terms of these general terms and conditions of business and the contract on mediation in real estate transactions have the following meaning:

1. The real estate agent is FAMILY NEKRETNINE d.o.o., OIB: 29630530571, Fažana (Fažana Municipality - Fasana), Ulica Dragonja 8 – Via Dragogna 8, registered for real estate brokerage activities and headquartered in the Republic of Croatia, which meets the requirements for mediation in real estate transactions specified by the Law (hereinafter: mediator)
2. The principal is a natural or legal person who enters into a written contract with a real estate broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate)
3. A third party is a person whom the real estate broker tries to connect with the client in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate.
4. Mediation in real estate transactions are the actions of mediators that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
5. Intermediary fee is the amount that the principal is obliged to pay to the intermediary for mediation services in real estate transactions
6. Real estates are parcels of the land 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 real rights.
7. A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by an intermediary or who cooperates with an intermediary based on a business cooperation agreement.

AGREEMENT ON REAL ESTATE BROKERAGE

Article 3.

With the contract on mediation in real estate transactions (hereinafter referred to as the mediation contract), the mediator undertakes to try to find and connect with the principal a person for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right to real estate, and the principal undertakes to will pay him a certain intermediary fee if that legal deal is concluded.

The agreement on mediation is concluded in writing and for a certain period of time, as a rule for a duration of 36 (literally: thirty-six) months.

OBLIGATIONS OF INTERMEDIARIES

Article 4.

The mediator undertakes to act with increased care, according to the rules of the profession and customs (attention of a good expert) in performing mediation tasks, that is, other actions related to the work that is the subject of mediation. 

Article 5.

The intermediary undertakes to perform the following in particular:

1. to try to find and connect a person with the client in order to conclude a mediated deal,
2. inform the client of the average market price of similar real estate,
3. obtain and inspect the documents proving the ownership or other real right to the property in question,
4. perform the necessary actions for the purpose of presenting (presentation) the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,
5. enable the inspection of real estate,
6. mediate in negotiations and try to conclude a contract
7. keep the client's personal data and, upon the client's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the work he is mediating for,
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land,
9. inform the principal about all circumstances important for the intended work that are known to him or must be known to him.

Article 6.

The intermediary is not responsible for non-fulfillment of the obligations of the principal and a third party that were taken over by a legal transaction concluded between the principal and a third party, and the subject of which legal transaction is the real estate for which the mediator mediated.

Article 7.

By signing the mediation agreement, which contains a special statement to that effect, the principal gives permission to the mediator to collect his personal data - name, surname, address, social security number, date of birth and telephone number, mobile phone number, email address (hereinafter: personal data) and to processes for business purposes.

It is not considered a violation of the duty of confidentiality if the mediator discloses information about the real estate to persons with whom he tries to bring the client into contact, and this was absolutely necessary for the mediator to fulfill his obligation from the mediation contract concluded with the client.

Article 8.

It is considered that the intermediary brought the seller or the lessor as principal into contact with a third party for the purpose of negotiating and concluding a mediated legal transaction if he enabled the principal to enter into contact with that person, and in particular:

• if the intermediary directly took or instructed a third person to view the property or
• if the intermediary organized a meeting between the principal and a third person for the purpose of negotiating the conclusion of a legal transaction or
• if the intermediary communicated to a third person the name and surname/company and telephone number of the principal or the person authorized to conclude a legal transaction or communicated the exact location of the property, and all this was done in person or via some means of communication (email, Viber, sms, Whatsapp and fig.).

It is considered that the intermediary brought the buyer or lessee as principal into contact with a third party for the purpose of negotiating and concluding a mediated legal transaction if he enabled the principal to enter into contact with that person, and in particular:

• if the intermediary directly took or directed the client to view the property in question or
• if the intermediary organized a meeting between the principal and a third person for the purpose of negotiating the conclusion of a legal transaction or
• if the intermediary communicated to the principal the name and surname/company, telephone/mobile phone number of the owner of the property or the person authorized to conclude a legal transaction, or communicated the exact location of a specific property or provided information with geoportal, cadastre or land register related to that real estate, and all this either in person or via some means of communication (email, Viber, sms, Whatsapp, etc.).

OBLIGATIONS OF THE PRINCIPAL

Article 9.

In establishing the relationship and exercising the rights and obligations from the Agreement, the principal is obliged to adhere to the principles of conscientiousness and honesty and to cooperate in order to fully and properly fulfill the obligations and exercise the rights in these relationships.

Article 10.

The principal undertakes to perform the following in particular:

1. inform the mediator about all the circumstances that are important for mediation and present accurate information about the real estate, and if he has one, give the mediator a location, construction, or use permit for the real estate that is the subject of the contract, and provide the mediator with evidence of fulfilling obligations under the third party foreign,
2. provide the mediator with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the mediator of all registered and unregistered encumbrances that exist on the real estate,
3. provide the mediator and a third person interested in concluding the mediated deal with a viewing of the property,
4. inform the mediator about all essential information about the requested real estate, which especially includes the description of the real estate and the price,
5. after concluding the mediated legal transaction, i.e. the pre-contract by which he undertook to conclude the mediated legal transaction, to pay the mediation fee to the mediator,
6. inform the intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to property ownership
7. timely inform the mediator about the intention to enter into a legal transaction (that is, already a pre-contract) related to the real estate in order to check whether the mediator has brought him into contact with the person with whom he intends to conclude the mediated legal transaction, and if he fails to do so, he cannot refer to that he was mistaken that the mediator did not mediate in that legal matter and is obliged to pay the mediator the agreed mediation fee
8. that without the intermediary's prior written consent, he will not disclose to anyone information about the real estate and the owner of the real estate that he viewed through the intermediary, that is, he is obliged to keep all information about the real estate obtained from the intermediary as a business secret
9. that he will not enter into contact with third parties with whom the intermediary brought him into contact, without the mediator's express consent.

Article 11.

The principal is not obliged to enter into negotiations for concluding a mediated deal with a third person found by the mediator, nor to conclude a legal deal, but he is liable to the mediator for damages if he did not act in good faith and is obliged to compensate him for all costs incurred during the mediation, which cannot be less than 1/3 nor greater than the agreed brokerage fee for the mediated business.

Article 12.

When entering into a legal transaction on the transfer or establishment of a certain right to real estate with a third party, which is the subject of a mediation contract, the principal is obliged to provide the mediator with all the necessary information that the mediator is obliged to collect about the principal and the legal transaction, which is determined by the Law on Prevention money laundering and terrorist financing.

BROKERAGE FEE

Article 13.

The mediator for mediation is entitled to the mediation fee agreed in the mediation contract.

The mediator acquires the right to the agreed mediation fee in full at the moment of concluding the mediated legal transaction, i.e. already by signing the pre-contract by which the principal undertakes to conclude the mediated legal transaction, unless otherwise agreed in the mediation contract.

VAT is charged on the amount of the brokerage fee.

Statutory default interest is calculated on untimely paid mediation fees.

Article 14.

The principal (seller/lessor) is obliged to pay the intermediary the agreed brokerage fee if he concludes the mediated legal transaction either with a person with whom the intermediary brought him into contact or with a member of his family or with a person on whose behalf a third person viewed the property through the intermediary or who viewed the real estate with him through an intermediary or to whom a third party conveyed information obtained from an intermediary about the real estate or with a legal entity that can be brought in connection with a third person (e.g. if she or a member of her family is the owner or employee of that legal entity).

The principal (interested buyer/lessee) is obliged to pay the mediator the agreed brokerage fee if his spouse, common-law partner, descendant, parent or blood relative in the vertical or lateral line, a person who is related to the principal, a person who viewed real estate with him or any natural or legal person who is in any way related to the principal (e.g. blood relationship in any line with the mentioned persons, if the principal is an authorized person, founder, owner or employee of the principal, or is the principal's employer, etc. ) conclude a contract or pre-contract on the sale/exchange of real estate with the person with whom the intermediary brought the principal into contact.

The principal (interested buyer/tenant) is obliged to pay the mediator double the amount of the agreed mediation fee in the name of the contractual penalty if, without the mediator's written consent, he transfers to another person the information he received from the mediator about the real estate and/or their owners, resulting in the conclusion of a mediated legal transaction between the person or persons related to him and the owner of the property, within 8 days from the date of conclusion of that legal transaction (preliminary agreement or contract).

Article 15.

The agreed mediation fee includes:

• performance of all actions of intermediaries specified in Article 5 of these General Terms and Conditions
• the costs of drawing up confirmations of receipt of the down payment, pre-contracts and sales/exchange/rental/lease contracts.

The agreed mediation fee does not include:

• settlement of property relations on the property that is the subject of mediation
• editing the land registry status of the real estate that is the subject of mediation
• costs of additional services that exceed the usual mediation costs
• the costs of a notary public, translation, court and administrative fees.

Article 16.

In the case of performance of actions and services that are not covered by the obligations of intermediaries from Art. 5. of these General Terms and Conditions, which is performed directly by an intermediary based on the client's request, the price of the intermediary's hourly rate is EUR 50.00 / HRK 376.72* unless it is one of the other services whose price is defined in Art. 18 of these General Terms and Conditions.

In the case of performing the actions and services from the previous paragraph, in addition to the mediator's hourly fee, the client is obliged to compensate the mediator for the actual costs of performing those actions (court and administrative fees, transportation costs, etc.).

Value added tax is calculated on all amounts of fees and expenses.

AMOUNT OF INTERMEDIARY FEE FOR CERTAIN JOB DESCRIPTIONS

Article 17.

Unless otherwise agreed in the mediation contract, the mediator has the right to charge the client the mediation fee and fee for other services in the amounts as follows:

*1 EUR = HRK 7,53450

MEDIATION FOR MULTIPLE CONTRACTING PARTIES

Article 18.

If the mediator concluded a mediation agreement with both (or more) contractual parties of a certain legal transaction, then he has the right to collect the agreed mediation fee from each contractual party for whom he mediated.

RESERVATION

Article 19.

The broker is authorized to receive from the client or a third party the agreed amount of money for the reservation of the purchase, sale, rental or lease of the property that is the subject of the mediation (hereinafter: reservation amount).

By taking the amount of the reservation during the agreed reservation period, the property that is the subject of mediation is no longer available for viewing by other persons, nor is it offered as part of the mediator's offer.

If the mediated legal deal is not concluded within the reservation period, the property becomes available again for viewing by other persons and part of the mediator's offer.

The mediator will deal with the amount of the reservation in accordance with a separate order for taking over the amount of the reservation, whereby a separate agreement will be made as to which part of that amount will belong to the mediator in the event that the mediated legal transaction is not concluded.

ANONYMOUS PURCHASER

Article 20.

When a mediator performs mediation activities for a principal who wishes to remain unknown, the mediator has no obligation nor is he obliged to a third party who would like to enter into a legal transaction with the principal, to disclose the identity of the principal until the conclusion of the legal transaction.

In the case from the previous paragraph, the intermediary and the third party will enter into a data confidentiality agreement.

TRANSFER OF BUSINESS SHARES

Article 21.

If the real estate is owned by a legal entity, and through the mediation of an intermediary the business shares of that legal entity are sold, in that case all the provisions of these General Terms and Conditions of Business will be applied accordingly, so that the principal will also be obliged to pay the intermediary fee from this Contract, with the fact that the basis for its calculation will be the market value of the real estate.

EXCLUSIVE BROKERAGE

Article 22.

With the mediation contract, the principal can undertake not to engage any other mediator for the mediated work, which obligation must be expressly agreed upon.

In the mediation agreement, the principal can undertake that, in addition to not engaging any other mediator for the mediated work, which obligation must be expressly agreed upon, that he will not even seek third parties to conclude the mediated work, and if a third person contacts him in this regard, that will refer the same to the mediator.

If, during the term of the contract on exclusive mediation, the principal concluded a legal transaction through another mediator, and for which the exclusive mediator was given an order to mediate, he is obliged to pay to the exclusive mediator the agreed mediation fee as well as possible additional real costs incurred during the mediation for the aforementioned mediated business.

If this is specifically agreed in the contract on exclusive mediation, the client is obliged to pay the mediator the agreed mediation fee as well as possible additional real costs incurred during the mediation for the specified mediated business and in the case when the mediated legal transaction was concluded without the mediation of another mediator, that is, when it is directly concluded that legal deal with a third party.

When concluding a contract on exclusive mediation, the mediator is obliged to specifically warn the principal about the meaning and legal consequences of this clause.

SUBMEDIATION

Article 23.

The mediator can transfer the mediation contract to other mediators. In that case, the principal will remain in a contractual relationship only with the intermediary with whom he concluded the contract and who, at the request of the principal, will hand over to the same intermediary the list of intermediaries to which this agreement is transferred.

TERMINATION OF MEDIATION AGREEMENT

Article 23.

The mediation agreement ends with the expiry of the period from which it was concluded if the legal transaction for which it was mediated was not concluded within that period or by the cancellation of any of the contractual parties, provided that the procedure for canceling the mediation agreement cannot be delayed, i.e. with the intention that deprives the mediator of the right to mediation compensation or knowingly damages.

In case of termination of the mediation contract, the client is obliged to compensate the mediator for the costs incurred, which were otherwise expressly agreed to be paid separately by the client.

If, within 24 (literally: twenty-four) months after the termination of the mediation contract, the principal enters into a legal transaction with a third party that is a consequence of the mediator's actions before the termination of the mediation contract, he is obliged to pay the mediator the agreed mediation fee in full.

The termination of the mediation contract must be delivered to the other contracting party in writing.

If the notice period is not expressly determined by the mediation agreement, it shall be canceled on the day of receipt of the written notice.

CONSENT/CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DANA

Article 24.

By signing the mediation agreement, the principal gives the following consents:

• that the mediator, in accordance with the Act on the Implementation of the General Regulation on Data Protection and other legal regulations, collects, processes and uses his personal and other data for the purpose of processing the subject of sales or any other legal transaction related to mediation in real estate transactions and which is the subject of that contract
• that he is aware of the intention to use his personal and other data and of the right to oppose it, that he is aware of the existence of the right to access, correct and supplement data.
• to give consent/consent for the collection and processing of personal data for an indefinite period of time, i.e. until the end of the purchase and sale transaction or some other legal transaction related to mediation in real estate transactions and which is the subject of a mediation contract in compliance with all provisions of the Law on the Implementation of the General regulations on data protection
• that the mediator, in order to fulfill his interests (sale/purchase/exchange/rent/lease) of the real estate that is the subject of the mediation contract, photographs and/or records the subject real estate and may publish the same photos and/or recordings on the mediator's website, and other web and printed advertisements used by the broker, as well as being able to prepare a sign advertising the sale of real estate and place it on the real estate, enter information about the real estate and the principal in the broker's central database, and prepare a presentation of the real estate to be shown to third parties.

SUBMISSION OF COMPLAINTS

Article 25.

The principal has the right to submit a complaint regarding the provision of services, a complaint about the quality of the service provided, and a complaint due to the violation of the provisions of the mediation contract.

Complaints from the previous paragraph must be submitted exclusively in writing to the address Fažana (Municipality of Fažana - Fasana), Ulica Dragonja 8 – Via Dragogna 8 or e-mail: info@family-nekretnine.hr upon receipt of which the complaint handling procedure is carried out. The objection must contain the facts and evidence on which it is based.

The mediator will try to resolve all disputes regarding complaints with clients as consumers peacefully and out of court. The intermediary is obliged to submit a written response to the principal on the basis of the submitted complaint from the previous paragraphs of these General Business Terms and Conditions within a maximum of 15 days from the day the complaint was submitted.

FINAL PROVISIONS

Article 26.

These General Business Terms and Conditions enter into force on the day of their publication on the intermediary's notice board and apply to all principals who entered into a contract with the intermediary after that date.

All provisions of the General Terms and Conditions of Business are appropriately applied both to contracts on mediation in the purchase/exchange of real estate and to contracts on mediation in the rental/lease of real estate.

For everything that is not expressly determined in these General Terms and Conditions of Business, the Act on Mediation in Real Estate Transactions, the Act on Obligatory Relations and other regulations valid in the Republic of Croatia shall apply.

The mediator will try to resolve any disputes with the principal amicably, and if no agreement is reached, the dispute will be resolved by the competent court based on the seat of the mediator.

These General Business Terms and Conditions were published on the broker's bulletin board on September 10, 2024.

FAMILY NEKRETNINE D.O.O.