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General terms and conditions

On the basis of the Law on Mediation in Real Estate Transactions (Official Gazette 107/07, 144/12, 14/14, 32/19), “AD DOMUS” limited liability company with headquarters in Umag, Tribje 19, in the capacity of Intermediary in Real Estate Transactions, adopts the following General conditions in business and mediation.

 

 

 

  1. GENERAL PROVISIONS

 

The general terms and conditions of business govern the business relationship between the trading company “AD DOMUS” d.o.o. (hereinafter: Agency) and the Principal (natural or legal person). By concluding the Mediation Agreement, the Principal confirms that he is familiar with and agrees with the provisions of these terms of business.

 

 

 

2. MEANING OF THE TERMS CONTAINED IN THE GENERAL TERMS OF BUSINESS

 

The real estate agent is AD DOMUS d.o.o. (hereinafter: Intermediary) with headquarters in Umag, Tribje 1, Entity ID number (MB): 01835815130099678, personal identification number (OIB): 93450574071 is a licensed agency entered in the Register at the HGK and meets the conditions for mediation in real estate transactions by the valid Law.
A real estate brokerage agent (hereinafter: Agent) is a natural person who is registered in the Directory of real estate brokerage agents and is employed full-time by the Broker. Real estate mediation is the actions of a real estate broker that relate to the connection between the Principal and the Third Party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of a real estate purchase, sale, exchange, rental, lease, etc. related to the same. The principal is a natural or legal person who enters into a written mediation agreement with the Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in the real estate transaction). A third party is a person whom the Real Estate Agent tries to connect with the Principal in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate, regardless of whether the Real Estate Agent has also entered into a mediation agreement with the Third Party. Contract for open mediation – The principal is authorized to sign a contract with any office or real estate agency or to sell the property himself. In this case, it is not conducted as an exclusive relationship between the parties, but the Principal is obliged to comply with all provisions of the Agreement, especially the obligation of mutual cooperation. Contract for exclusive brokerage – The Principal authorizes only the Broker as the only brokerage company in the sale of real estate to advertise the property. In this case, the mediator coordinates the entire sales process until the conclusion of the preliminary sales contract, sales contract or real estate exchange contract.
Valid offer for the purchase of real estate – A written offer for the purchase of real estate equal to or greater than the target price from the brokerage contract, or its last change confirmed by the Principal in writing or electronically.

 

 

 

3. AGREEMENT ON REAL ESTATE BROKERAGE

 

With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect with the Principal a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter referred to as: Fee) if this legal transaction is concluded, whereby the concluded legal transaction also includes the conclusion of a pre-contract by which the contracting parties undertake to conclude the main contract on transfer or establishment certain rights on real estate and/or in connection with real estate. The contract is concluded in writing and for a certain period of time. If the contracting parties do not agree on the term for which they conclude the Agreement in the Agreement itself, the Agreement is concluded for a specific period of 12 months from the date of conclusion of the Agreement.

 

 

 

4. OBLIGATIONS OF THE AGENCY (BROKER)

 

When mediating for the conclusion of a purchase and sale agreement, real estate exchange agreement, rental agreement or real estate lease agreement, the mediator is obliged to perform the following in particular: Try to find and bring in contact with the Principal a person for the purpose of concluding a mediated deal Acquaint the Principal with the average market price of similar real estate Obtain and inspect documents proving ownership or other real rights to the property in question Carry out the necessary actions to represent (present) the property on the market, advertise the property in the manner determined by the agency, and enable inspection of the property Enter data about the property into the central real estate database and the same present; Mediate in negotiations and try to reach the conclusion of the legal business; Inform the Client of all circumstances significant for the intended work that are known to him. 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 business for which he is mediating. Attend the conclusion of the legal transaction. (Pre-contract and Contract) and when handing over the real estate If the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land.

 

 

 

5. OBLIGATIONS OF THE PRINCIPAL

 

By entering into a Mediation Agreement with an Intermediary, the Principal undertakes the following obligations: Inform the Intermediary of all circumstances that are important for mediation and provide accurate information about the property and, if in possession, provide the Intermediary with a location, construction, or use permit for the property that is the subject of the agreement, and give evidence of fulfillment of obligations towards a third party for inspection by the Intermediary; 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; Allow the Mediator and the Third Party interested in concluding the mediated deal to view the property; Notify the Broker of all relevant information about the requested real estate, which especially includes the description of the real estate and the price; The Principal undertakes to pay the Commission to the Intermediary no later than immediately after receiving a minimum of 5% of the purchase price or a deposit in the amount of 5% of the purchase price, for which the Intermediary will issue an invoice for the mediation in full; If it has been expressly agreed, to compensate the Mediator for expenses incurred during the mediation that exceed the usual mediation costs; Notify 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; The principal will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he withheld or provided incorrect information essential for the work of mediation in order to complete the legal work, and is obliged to compensate all costs incurred during the mediation, which cannot be higher than the brokerage fee for the mediated business.

 

 

 

6. BROKERAGE FEE

 

The amount of the mediation fee is determined by the mediation agreement. The agreed mediation fee includes the execution of all actions of the Intermediary specified in point 4 of the General Terms and Conditions. The withdrawal of the Principal or the Third Person with whom the Principal concluded a pre-contract regarding the real estate that is the subject of mediation, as well as the withdrawal of the Principal or the person with whom the Principal concluded a contract in connection with the real estate that is the subject of mediation, from fulfilling the concluded contract do not affect the obligation of the Principal to He pays the mediator compensation for mediation in the amount and in the manner determined by this article and the concluded mediation agreement. The Principal is obliged to pay the Fee even when he has concluded a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or object of which legal business is the real estate that is the subject of mediation. In the case of concluding a legal transaction different from the one for which mediation was carried out, which achieves the same purpose as the mediated transaction or the object of which is the real estate that is the subject of mediation, the Principal is obliged to pay the Fee in accordance with the price list of the Mediator, which is an integral part of these General conditions of business. It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if: 1. directly took or directed the Principal to view the property in question, or 2. organized a meeting between the Principal and the Third Party for the purpose of negotiating a legal deal, or – 3. Communicated the name and surname, i.e. company, phone number, fax number, e-mail address of the third party authorized to conclude the legal transaction to the principal, or 4. Communicated the exact location of the requested real estate. After the termination of the Agreement, the Intermediary has the right to compensation within a period of up to 12 months and in cases where the Principal enters into a legal transaction with a Third Party that is a consequence of the intermediary’s actions before the termination of the Intermediation Agreement. If the Principal withdraws during the conclusion of the mediated deal (after the Intermediary has submitted an acceptable offer), he is obliged to pay the amount of the agreed Fee to the Intermediary. The Intermediary is entitled to Compensation if he is a spouse, i.e. common-law partner, descendant or parent of the Principal; i.e. a trading company, institution or other legal entity that is the Principal, his spouse or common-law partner, descendant or founding parent or legal representative, i.e. with which he has concluded an employment contract or a work contract, conclude a mediated legal transaction with the person with whom the Intermediary Brought the principal into contact.

 

 

 

7. CONTRACTUAL PENALTY

 

The contracting parties determine the right of the Intermediary to a contractual penalty in the amount of 5% (five percent) of the agreed purchase price that the Principal as seller or buyer contracts with the buyer or seller with whom he entered into a relationship through the activity of the Intermediary and with whom he independently, after establishing the relationship, excluding and/or bypassing the Intermediary, entered into a legal transaction of purchase and sale, and did not pay the agreed fee to the Intermediary. In the event that the Intermediary presents the Principal with a valid written offer, and the Principal rejects it, the latter is obliged to compensate the Intermediary for the work costs incurred by the latter in order to obtain and obtain the said offer. Also, in the event that the Principal rejects a valid written offer, the Principal is obliged to compensate the Intermediary for damages, in accordance with Art. 23, paragraph 2 of the Act on Mediation in Real Estate Transactions, and by signing this Agreement, a contractual penalty in the amount of 50% of the Contractual Commission, which the Principal is obliged to pay to the Intermediary if he rejects a Valid written offer, is agreed. The Principal is obliged to pay the contractual penalty to the Intermediary within 15 days of the written request for payment by the Intermediary.

 

 

 

8. TERMINATION OF CONTRACT

 

The contract on mediation is concluded for a period of 12 months and ends with the expiration of the period for which it was concluded or with the cancellation of any of the contracting parties without giving reasons in the case of open mediation. The Intermediary and the Principal agree that at the end of the agreed period, the Agreement will be extended again for the same period of time, unless one of the contracting parties previously cancels the Agreement in writing.

 

 

 

9. FINAL PROVISIONS

 

The parties agree that in case of any dispute related to this Agreement, they will try to resolve the dispute amicably. If the conciliation fails, the parties agree to the jurisdiction of the court in Umag.

 

 

 

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