TERMS AND CONDITIONES
GENERAL TERMS AND CONDITIONS REAL ESTATE AGENCY«MORETA»
1. GENERAL TERMS AND CONDITIONS
These General terms and conditions govern the business relationship between the real estate Agency Moreta Ltd. as Broker and Client (physical or legal person). By conclusion of the Brokerage contract, the Client acknowledges that he is familiar and agrees with the provisions of the terms and conditions of Moreta TOURS Ltd.
The Principal (Client)
The Client is under these conditions, a legal or a natural person who is a signer of the Mediation Conctract or the Mediation sheet. The Client, under these conditions, is a legal person in which a natural person who, as a signer of the Mediation Contract or the Mediation sheet, has a part of the property or has the authority to represent a legal person even if the natural person has signed the mediation contract or the mediation sheet for its own name and its own account. The natural person as a signer of the Mediation Conctract or Mediation sheet responds for the incurred obligations jointly with the legal person in the name of which he signed a Mediation contract or a Mediation sheet.
Certain terms of these General terms have the following meanings: Real estate Broker - isagency "MORETA" from Vodice, Kamila Pamukovića 57.
Real estate brokerage actions are real estate agents whoconcerning linking the principal and the third party negotiations and preparations for the conclusion of legal transactions, which are subject to certain property, especially in the purchase, sale, exchange,lease, rental and others.
Real estate - the particles of the earth's surface, along with everything from land permanently connected to the surface or below it in accordance with general regulations on ownership and other Proprietary Rights.
- a natural or legal person with real estate agentsentered into a contract on Mediation (seller, buyer, lessee, lessor, landlord,tenant or other possible participants in real estate).
Third person is a person that real estate broker is trying to connect withPrincipal to negotiate entering into legal transactions which are subject to certainreal estate.
Our Fee - the amount that the Principal shall pay the Agent for brokerage actions Service.
REAL ESTATE OFFER
The offer of the real estate Agency Moreta Ltd. is based on the data received in writing or orally by the Principal (Client), and is conditioned by confirmation. The Agency retains the possibility of error in the description and price of the property that may occur due to incorrect information or changes in the conditions of sale by the seller and the possibility that the advertised property has already been sold (or leased) or the owner abandoned the sale (or lease - lease), and that was not timely informed the agency.
The Principal (Client) has to keep the received offers and information confidential and only by written approval of the Agency Moreta Ltd. can be transfered to third parties. If the receiving party is already familiar with the property that the Agency has offered, it shall without delay notify the Agency.
Real estate prices
Real estate pricesare measuredin eurosand is payable in Kunas.
(1) With the Real Estate Mediation conctract Moreta Ltd. is obligated to attempt to find and bring the Client in contact with a third part for the negotiation and the conclusion of a certain legal activity (transfer or the establishment of a property right), and the Customer agrees to pay a certain Agency commission if the legal activity will be concluded .
(2) The Contract shall be concluded in written form and for a 12 month period. The contract is considered as concluded when it is signed by both parties.
(3) The Client and the Mediator agree that after the expiry of the period of 12 months the contract is automatically prolonged for a following period of 12 months, except if in the first Conctract period was not signed a purchase Conctract for the mediated property neither the Mediation conctract was not terminated by cancellation of any of the parties.
(4)The required relationship between the Agency and the Client is regulated by the dispositions of the general provisions of civil law.
For sale of real estate, which is co-owned by several persons, is required written consent of all co-owners to sell their property in the form of acceptance of the mediation agreement
OBLIGATIONS OF THE Agency Moreta Ltd. (Intermediaries) to the principal - the seller
1. conclude a mediation contract with the Client in writing (standard or exclusive);
2. Seek an opportunity to conclude a purchase contract between the seller and the third part for the mediated matter with diligence of a good businessman.
3. Inform the Client about the average market value of simillar properties and to point out its possible legal or physical disadvantages;
4. Control the documents proving the ownership or another property right and alert the customer to:
obvious disadvantages and
potential risks related to undeveloped land state property
registered real rights or other
rights of third parties on the property
legal consequences for
unfulfilled obligations to third parties
shortcomings of the
construction and use permits in accordance with the particular law
5. Organize the visit of the property, perform all the actions necessary for the presentation of the property on the market and advertise the property in a manner determined by the Agency Moreta Ltd;
6. If the conctract subject is a land plot, check the intended use of the plot in accordance with the regulations of the Physical Planning related to the land and inform the interested parties about the same;
7. Keep Client's personal and other information, as a business secret;
8. Inform the Client of all significant circumstances of the intended business which are known to the agency;
9. Mediate in the negotiations and try to come to the conclusion of the legal work;
10. Assist at the conclusion of the legal work (appropriate contracts);
11. to be present at the handover of the property;
12. in collaboration with the law office create the preliminary real estate purchase contract, the real estate purchase contract and the tabular statement;
The holder shallkeep confidentialallinformation learnsby doing business mediation, which is related to the principal, property that mediatesor in connection with the property or business for which mediates or who make under special powers.
If brokerviolateits obligationof professional secrecy, he isobligatedto pay the compensation to damaged person, whichhave suffereddue to disclosureof business secretsor FAILURE TO KEEP.
It is not considered if violated the duty of professional secrecy if the data to protect intermediary reveal persons with whom the principal is trying to relate, and that was needed to be broker discharge its obligation under the contract concluded with the mediation customer.
OBLIGATIONS OF THE CLIENT
1. conclude a mediation contract with the AgencyMORETA Ltd. in writing form (standard or exclusive);
2. inform the AgencyMORETA Llt. About all the circumstances that are important for the mediation work , point out the accurate information about the property and provide all the documents which are confirming the ownership or other proprietariy rights that are subject of the intermediary business;
3. Allow to the AgencyMORETA Ltd. to take pictures of the property (or by agreemet, to provide to the Agency photographs of adequate quality) and inform the Agency about all the circumstances regarding the property;
4. to enable a visit of the property in presence of a real estate agent from the AgencyMORETA Ltd. and a third party who is interested in conclusion of a legal activity;
5. Inform the Agency MORETA Ltd. in written form about all relevant data – especially about the description, ownership status and price of the property;
6. To pay the Agency MORETA Ltd. commission in the amount of 1-3%) of the determined total purchase price (or of the value of the propety determined during the legal activity through which it changes the owner),in
which amount is not included the value added tax, immedietly after the sining of the preliminary contract, purchase agreement or other similar legal document, and after receiving of the first amount of money as down payment or purchase price. The Client acknowledges the mediation which means that the Agency has got right to the commission fee in full also in following cases:
- If the Client closes a pre – contract, or a purchase contract with the Buyer which relationship has been established through the Agency, with Buyer's family members or with a company that is (are) (co) owned by the Buyer or the company in which the Buyer has certain influence;
- If the Client without an objective reason withdraws from the sale after the agency finds a person interested in closing a contract;
7. The Client will be liable for damages, if he did not act in good faith if he has acted fraudulently, if withheld or given incorrect information relevant for mediation to end the legal work, and shall reimburse the AgencyMoretaLtd. all expenses incurred during the mediation, which costs may not be higher than the brokerage fee (commission) for brokerage work;
8. if it is expressly agreed to compensate the AgencyMoreta Ltd. the costs incurred during the mediation, which exceed the normal costs of mediation;
The AgencyMoreta Ltd. is entitled to an agency commission - a commission in full at the time of the conclusion of the mediation (by sining of a pre - contract or conctract) with which the Client is obligated to conclude the
mediation legal activity. The commision fee is paid to the Agency at the same time or instantly after the conclusion of the legal activity for which the Agency performed the mediation. The legal activity shall be considered concluded when the Client and the third party agreed about the subjects of the contract and the price, that is, in the moment of closing of the pre – conctract, conctract and / or laying down payment for legal work. Under these conditions the mediated legal activity is also considered as concluded in the case that the Client concludes the preliminary contract and / or pays the down payment to a third party, who was brought in connection with him by the Agency , for the properties that are ownership of the third parties or his family members, although the same are not explicitly mentioned in the Brokerage Agreement or Mediatory list.
The commission fee includes all the costs that the Agency had during the mediaton . If the Agency in accordance with the Client perform other services realeted to the legal activity that is subject of the intermediation which are not included
in the normal mediation activities, the type and the cost of these works will be agreed in the intermediation conctract. The Agency may negotiate the right to compensation for expenses necessary for the execution of the order and get the advance payment for certain expenses. The Customer shall pay the commission also when a person with whom he is brought into contact throught the Agency, concludes a different legal activity from the one for which was mediated, which has the same value as the legal activity and which achieves the same purpose as the mediated legal work. The Client shall pay the Agency commission, if the spouse or common – low spouse, descendant or parent of the Client conclude a legal transaction with a
person with whom te broker brought into contact te Client. The agreed mediation fee does not include the costs of court dues for the property registration, advanced subcription and notification of the property at the Land Registry, Public Notary fees for the authentification of the signatures on the documents, fees for obtaining the title documents, a copy of the cadastral plan, identification, assignment of mortgages, certificates and other documents regarding the concluded legal work. The brokerage fee is determined by the Mediation Contract, plus VAT.
PRICE LIST OF THE AGENCY MORETA Ltd
PURCHASE - SALE
The commission is charged in percentages from the total agreed amount of the purchase – sale price
The highest total commission
The lowest total commission
SALE The agency commission - sales real estate (is charged from the seller)
PURCHASE The agency commission - buying real estate (is charged from the buyer)
In case of property exchange, the commission is to be charged to
both parties in the exchange ofproperties, and the percentage is
calculated on the basis of the property value that the party has
acquired trough the exchange.
For the lease and rental propertiesapplies the following price list:Lease and rental
LEASE AND RENT
RENTAL - Commission of the lessor (the lessor)
percentage of the monthly rent (single): 100% Minimum 150%
For rental or lease of 10 years and more 150% Maximum
LEASE - Commission of the lessee (tenant)
percentage of the monthly rent (single): 100% Minimum rental
150% For rental or lease of 3 to 9 years 200% For rental or lease
of 10 years and more
consulting and recruitment intermediaries 250.00 kunas/ h** Assessment
of the market value * Service of obtaining the land register, a copy
cadastral map, title deed or other documents in state administration
bodies, local and regional government in agency headquarters 200.00
kn + tax expenses for fee * Service of obtaining the land register, a
copy cadastral map, title deed or other documents in state
administration bodies, local and regional government out of place
agency headquarters 200.00 € / h + tax expenses * Service of making
preliminary Purchasing * Service of making a tabular statement *
Service of making Purchase Agreement * Service of making a proposal for
registration of property rights and services registration of property
rights in land departments * Service tax on real estate** the
collected amount is reduced brokerage commission when selling real
TERMINATION OF THE CONTRACT
The Mediation contract is concluded for a period of 12 months and cease by the expiry of the contractual period, if in that period has not been concluded a purchase contract for which was mediated or by cancellation of any of the parties.
The Parties may withdraw from the Mediation conctract only for a particularly good reason. The client in this case is obliged to compensate the agency costs. The Mediator and the Client agree that by the expiry of the agreed term contract the same will be extended again to the same time period, unless one of the parties
previously in writing cancel the contract. The notice period is 30 days. If within a period not longer than the duration of the mediation contract after the termination of this Agreement the Customer enters into a legal business which is mainly the result of Agent's action prior to the termination of the contract, the Client is obliged to pay the whole commission unless otherwise agreed. When the contract expires, the Client is obliged to reimburse the Agency Moreta for the incurred costs which were particulary agreed to be paid by the Client.
GENERAL TERMS AND RESOLUTION DISPUTE
For all dealings between the Client and the Agency Moreta Ltd. that come out of this intermediation conctract and which are not explicity regulated in the General Terms and Conditions of this agreement nor in the intermediation agreement, general terms of intermediation agreements and others stipulations of the Obligatory Relations Law and the Real Estate Mediation Law apply. For possible disputes, the subject matter jurisdiction is that of the court.