General Terms and Conditions
Pursuant to the provisions of the Real Estate Brokerage Act, Class: 001-01 / 07-01 / 128, Reg. No.: 001-01 / 07, dated 2 November 2007, and the Law on Amendments to the Law on Real Estate Brokerage (OG 144/2012) agency PIRUN j.d.o.o., Kastavska 27, 52100 Pula, PID 91746977825- which operates under the name ESTATE ISTRIA (hereinafter the BROKER) hereby establishes:
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of Real Estate Brokerage (hereinafter: the General Terms and Conditions) regulate the business relationship between the real estate brokerage agency (hereinafter: the BROKER) and natural or legal persons (hereinafter the COMMISSIONER), which enter into a written brokerage agreement. The General Terms and Conditions are an integral part of the Brokerage Agreement concluded between the Broker and the Commissioner.
Certain terms and expressions take on the following meanings in the context of these Terms and Conditions:
Commissionee – real estate broker -– PIRUN d.o.o., Kastavska 27, 52100 PULA
Real estate brokerage implies all the actions of the real estate Broker concerning the introduction of the Commissioner and a third party, negotiations and preparations for concluding legal transactions which are the subject of a particular real estate, especially in the purchase, sale, exchange, lease, lease, etc.
Real estate implies immovable property, together with everything that is permanently connected to the property on or below the surface in accordance with the provisions of the General regulation on ownership and other real rights.
Commissioner implies a natural or legal person who enters into a written Brokerage Agreement with the real estate agent (seller, buyer, tenant, lessor, lessee and other possible participants in real estate).
Third party implies a person whom a real estate agent seeks to connect with the commissioner in order to negotiate the conclusion of legal transactions to which particular real estate is the subject.
Brokerage fee is the amount that the client is obliged to pay to the Broker for brokerage services.
REAL ESTATE OFFER
Our offer is based on the written and oral information we receive from the Commissioner.
The recipient (commissioner) must consider our offers and notices a business secret and may only pass them on to a third party with our written consent. If the recipient of our offer is already familiar with the real estate we have offered him/her, he/she is obliged to inform us without delay in writing, by e-mail, or by registered mail.
REAL ESTATE PRICING
Real estate prices are expressed in euros and are payable in kuna equivalent.
The Brokerage Agreement obliges the Broker to bring the Commissioner in contact with a person who will negotiate with him/her on the conclusion of a contract, and the Commissioner undertakes to pay the Broker a certain commission should the contract be concluded.
The Brokerage Agreement (hereinafter: the Agreement) is concluded between the Broker and the Commissioner.
The brokerage contract must contain true, accurate and complete information about the sale / purchase of a property.
In the case of property sale in which there are several co-owners, written consent of all co-owners is required for the sale of the property in the form of acceptance of the Brokerage Agreement.
By signing a real estate Brokerage Agreement, the Broker undertakes to perform in particular the following:
- aim to find and bring into contact with the Commissioner a person for the purposes of concluding a mediated transaction,
- to advise the Commissioner on the average market price of similar properties
- inspect documents proving ownership or other real rights to the real estate in question and warn the client of obvious deficiencies and possible risks related to the unregulated land registry condition of the real estate, registered real rights or other third-party rights to the real estate,
- perform necessary actions for property presentation on the market, advertise the property in an appropriate manner, as well as perform all other actions agreed in the real estate Brokerage Agreement that exceed the usual presentation, for which the Broker is entitled to individual pre-stated costs,
- make real estate viewing available,
- act as a mediator in negotiation with the aim of contract conclusion,
- to protect the personal data of the Commissioner and, upon a written order of the Commissioner, to keep as a business secret all information on the mediated real estate, information in connection with that real estate or data about the business for which he/she mediates,
- if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable regulations on physical planning relating to that land,
- inform the Commissioner of all circumstances relevant to the intended work that are known or must be known to the Broker.
The Broker is obliged to keep as a business secret all information that he learns while performing mediation activities and that relates to the client, the real estate for which he/she mediates or is related to that real estate or to the business for which he/she mediates or a contract he/she concludes on the basis of special authority.
If the obligation of professional secrecy is violated, the Broker is obliged to compensate the wronged parties for the damage they have suffered due to the disclosure or violation of professional secrecy.
The obligation of professional secrecy is not considered to be violated if the Broker discloses the information to persons with whom he/she seeks to connect the Commissioner in the case when this action is absolutely necessary for the Broker to fulfill his/her obligation under the Brokerage Agreement concluded with the Commissioner.
By signing a real estate Brokerage Agreement, the Commissioner undertakes to perform in particular the following:
- inform the Broker about all the circumstances important for the performance of mediation services and provide accurate information about the property.
- give the Broker access to all documents proving ownership of the real estate or other real rights to the real estate that is the subject of the Agreement,
- provide the Broker and third parties interested in concluding the brokered deal with a tour of the property.
- after the conclusion of the mediated legal transaction, i.e., the pre-agreement by which he/she undertook to conclude the mediated legal transaction, pay the Broker a brokerage fee.
- in case where expressly agreed upon, to reimburse the Broker for the costs incurred during the mediation which exceed the usual costs of the mediation,
- notify the Broker in writing of any changes related to the work for which he/she has authorized the Broker.
The Commissioner is not obliged to enter into negotiations for concluding a brokered deal with a third party found by the Broker nor to conclude a legal deal and any provision of any contract which states otherwise shall be considered null and void. The Commissioner is liable for damages if he/she does not act in good faith.
The Broker reserves the right to the brokerage fee in full, immediately after the conclusion of the first legal act between the contractual parties (pre-contract or sales contract).
The brokerage fee paid by the buyer for the mediation service when buying real estate is 3% + VAT on the final purchase price of the real estate.
The brokerage fee paid by the seller for the mediation service when selling a property is 3% + VAT on the final purchase price of the property.
The brokerage fee for lesasing the property that the lesssor pays when leasing the property is one contractual monthly rent + VAT. I
f the party offers the Broker a fee / reward higher than the one agreed upon, the Broker may receive such a fee / reward provided that it is not in obvious disproportion to his/her services, the outcome of his/her work, and the financial situation of the party.
The Broker may contract the right to reimbursement of costs necessary for the execution of work and request that funds be paid out in advance for certain expenses.
The Broker shall be considered to have enabled the Commissioner to liaise with another person to negotiate the conclusion of the brokered transaction if the Commissioner is allowed to enter into contact with another person (natural or legal) with whom he/she negotiated the conclusion of the legal transaction, especially if:
- the Commissioner or third party were directly taken or sent to view the property in question;
- a meeting was organized between the Commissioner and the other contractual party to negotiate a legal transaction;
- the name, telephone number or e-mail of another person authorized to enter into a legal transaction or the exact address of the requested real estate were communicated to the Commissioner.
The pricelist is an integral part of these Terms and Conditions.
The Brokerage Agreement is concluded for a period of 12 months (unless otherwise agreed upon by both parties in the Brokerage Agreement) and is considered null and void by the expiration of the contractual period unless a brokered contract was made in that period, or by cancellation by either party.
Should a legal transaction not be made during the aforementioned time period, the Agreement will automatically renew until one of the parties cancels the business cooperation in writing.
The Commissioner undertakes to acknowledge the mediation after the expiration of the Agreement if the third-party contact was made during the validity period of the Agreement.
If, in the period of 1 year after the expiration of the Agreement, the Commissioner makes a legal transaction with a person the Broker had connected them with and mediated for during the validity period of the Agreement, the Commissioner undertakes to pay the brokerage fee in full, unless otherwise stated in the Agreement.
Should the Commissioner unilaterally terminate the Agreement before the expiration of the contractual period, the Commissioner undertakes to reimburse the Broker for all mediation costs brought about by the Agreement termination no later than 7 (seven) days after the termination in the amount of HRK 2,000.00 + VAT.
In the case of Agreement termination on grounds of expiration, the parties shall not have any other rights or obligations towards each other.
The party may enter complaints in the book of consumer complaint records located on the business premises of the Broker.
For the relations between the Broker and the agency and other persons concerned which are not regulated by these General Terms and Conditions or the Brokerage Agreement, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply. The territorially competent court has jurisdiction over any and all court disputes.
By signing the Brokerage Agreement, the Commissioner gives explicit consent to the company PIRUN j.d.o.o. for the use of the PID, citizens’ registration number, and other data in the Agreement, confirms that he/she has been informed about the use of the data and agrees with the conditions. PIRUN j.d.o.o. may use the aforementioned information for the purposes of client identification and protection of property interests in its business operations. The aforementioned information is subject to professional secrecy and cannot be revealed to third parties, unless in the case where this information is crucial for the realization of contractual and legal obligations.
The general provisions on the Brokerage Agreement, as well as other provisions of the Civil Obligations Act, indirectly apply to the relations between the Commissioner and the agency arising from the Brokerage Agreement which are not regulated by these General Terms and Conditions or the Brokerage Agreement. In the case of unwanted disputes, the competent jurisdiction will be the Municipal Court in Pula.
Effective from 1st October 2021