In accordance with the provisions of the Law on Mediation in Real Estate Transactions (Official Gazette No. 107 of 19 October 2007), the agency Nekretnine Auxilium from Primošten, Splitska 12 issues the General Terms and Conditions of Business.
The general terms and conditions of the real estate broker’s business (hereinafter: General Terms) regulate the business relationship between the real estate brokerage agency (hereinafter: the Broker) and the natural or legal person (hereinafter the principal) who enters into a written contract with the broker about mediation. The general conditions are an integral part of the mediation contract concluded between the mediator and the client.
The real estate offer is based on the information received by the intermediary in writing or verbally from the client. The broker reserves the possibility of an error in the description and price of the property and the possibility that the advertised property has already been sold (rented) or the owner has given up on the sale (rent). The recipient (principal) must keep the mediator’s offers and notifications as a business secret and may only transfer them to third parties with the written approval of the agency. If the recipient of the offer is already familiar with the real estate offered by the broker, he is obliged to inform the agency about it without delay.
With the agreement on mediation in real estate transactions, the mediator undertakes to perform the following in particular:
It is considered that the intermediary enabled the principal to contact another person (natural or legal) regarding negotiations for the conclusion of a mediated deal, if the principal was enabled to contact another person with whom he negotiated for the conclusion of a legal deal, and especially if:
By signing the contract on mediation in real estate transactions, the principal undertakes to perform the following in particular:
The mediator is entitled to a mediation fee, the amount of which is determined by the mediation agreement. The amount of the fee must not exceed 6% of the purchase price of the property. The intermediary acquires the right to compensation in full at the moment of concluding the mediated business, that is, by signing the Contract or pre-contract by which the principal undertakes to conclude the mediated legal business. The fee is paid to the mediator at the time of signing the pre-contract or contract between the two contracting parties.
The intermediary can contract the right to reimbursement of expenses necessary for the execution of the order and request that funds be advanced to him for certain expenditures for expenses.
The principal is also obliged to pay compensation when he has concluded a legal transaction with the person with whom the mediator brought him into contact, which is different from the one for which the mediation was carried out, which is of the same value as the legal transaction, i.e. which achieves the same purpose as the mediated legal transaction.
The mediator has the right to compensation if the principal’s spouse, or common-law partner, descendant or parent concludes the mediated legal transaction with the person with whom the mediator brought the principal into contact.
If the principal withdraws during the conclusion of the mediated deal, he is obliged to pay the actual costs in terms of time spent, advertising and other costs. In the case of mediation, in which the ordering party has found an interested person on its own or through a third party, the mediator may, in accordance with his conscience, charge the actual costs incurred in connection with the business in question.
Fee amounts: The following percentages are paid as an intermediary fee.
The agreement on mediation is concluded for a certain period of time and ends with the expiration of the term for which it was concluded if the agreement for which it was mediated was not concluded within that period or by the termination of one of the contracting parties. The principal is obliged to compensate the intermediary for the costs incurred, which were otherwise expressly agreed to be paid separately by the principal. The parties may withdraw from the contract on mediation in real estate transactions before the end of the agreed term only for a particularly justified reason. In that case, the client is obliged to reimburse the costs incurred to the intermediary. If, within a period of no longer than the duration of the concluded mediation agreement, after the termination of that agreement, the principal concludes a legal transaction that is predominantly a consequence of the mediator’s actions before the termination of the mediation agreement, he is obliged to pay the mediation fee in full to the mediator, unless otherwise agreed in the contract.
The provisions of the Act on Real Estate Brokerage and the Obligatory Relations Act apply to the relations between the principal and the intermediary resulting from mediation contracts that are not regulated by the General Terms and Conditions or the mediation contract. The Municipal Court in Šibenik is competent for possible disputes.
Šibenik, May 20, 2009.