General Terms and Conditions
PIRAMIDA d.o.o. POREČ, Partizanska 15
The Real Estate Agent's General Terms and Conditions (hereinafter referred to as: General Terms and Conditions) regulate the business relationship between the real estate agency (hereinafter referred to as: Agent) and a natural or legal person (hereinafter referred to as: Client) that enters into a written agency agreement with the Agent. The General Terms and Conditions are an integral part of the agency agreement entered into by and between the Agent and the Client. By executing the agency agreement, the Client acknowledges that he/she agrees with the General Terms and Conditions and accepts them in full.
Specific terms and expressions used in these General Terms and Conditions have the following meaning:
- Real estate agent means PIRAMIDA d.o.o., having its seat in POREČ, Partizanska 15, personal identification number (OIB): 54890989849 - a licensed real estate agency that meets the requirements for provision of real estate agency services.
- Real estate brokerage services means actions taken by the real estate agent for the purpose of bringing together the client and a third party as well as negotiations and preparations for the conclusion of legal transactions whose subject-matter is a specific property, especially in case of purchase, sale, swap, lease, rental etc.
- Properties means cadastral lots and all structures integrated with or affixed to the land, either on or below the surface, in accordance with the provisions of the general regulation on ownership and other real rights.
- Client means a natural or legal person that enters into a written agency agreement with the real estate agent (seller, buyer, lessee, lessor, landlord, tenant and any other participants in real estate activities).
- Third party means a person that the real estate agent is trying to bring in contact with the client in order to negotiate a business deal in respect of a specific property.
- Brokerage fee means the amount due by the Client to the Agent for its brokerage services. If a specific agreement with the Client differs from the provisions of the General Terms and
Conditions, the provisions of such specific agreement are applicable.
The Agent's offer is based on the information received in writing and/or verbally and/or by email by the Client. The offer and/or the real estate data are considered approved upon execution of the agency agreement by and between the Client and the Agent. The Client is aware that there is a possibility of error in the description and the price of the property and the possibility that the property has already been sold, leased or withdrawn from the sale by its owner, and that the Agent is not held liable in such cases. The Agency is not liable for mistakes and/or gross negligence of the Client. The Client must keep confidential the Agent's offers and communications and may disclose them to a third party only with prior written consent of the Agent.
REAL ESTATE PRICES
The real estate prices are expressed in Euros and payable in Kunas.
With the real estate agency agreement (hereinafter: the Agreement), the Agent undertakes to use reasonable efforts to find and introduce to the Client a third party willing to negotiate and conclude a specific transaction with regard to the transfer or creation of a specific right to the property, and if such transaction is concluded, the Client undertakes to pay to the Agent a specific brokerage fee. The Agreement is concluded in writing and for a limited period of time. The Agreement is considered executed when signed by both parties.
With an exclusive agency agreement, the Client may undertake not to hire any other agent in respect of the subject property, i.e. not to sell the property on its own or in any other way (exclusive agency), where such obligation has to be expressly stipulated. If the Client concludes a legal transaction during the duration of the exclusive agency agreement without the Agent’s services i.e. using the services of another agent or on its own or in any other way, for which the exclusive agent has been given the agency mandate, the Client is obliged to pay to the Agent the agreed brokerage fee as well as any additional actual expenses incurred by the Agent in performing the brokerage services for the subject property. At the time of execution of the exclusive agency agreement, the Agent is obliged to expressly advise the Client as to the meaning and legal consequences of such clause.
DURATION AND TERMINATION OF THE AGREEMENT
The Agreement is entered into for a period of 1 (one) to 3 (three) years and it terminates upon the expiration of such term, unless a closure of the subject deal takes place during such term and it may be several times renewed as agreed by the parties. Each party may terminate the Agreement before the expiration of the above term for a particularly justified reason, only in writing. The term of notice is 30 (thirty) days. If the Client concludes a transaction with a third party on its own, the Client is obliged to inform the Agent, in writing and within 8 (eight) days, of the termination of the brokerage obligation i.e. of the agreement. In such an event, the Agent may charge to the Client the actual expenses incurred in respect of the subject property.
The Agent is entitled to a brokerage fee within a period of 12 months after termination of this Agreement and in cases when the Client concludes a legal transaction with a third party as a result of the Agent’s brokerage services provided before termination of the agency agreement.
DUTIES OF THE AGENT
By signing the agreement, the Agent undertakes to perform particularly the following:
- to use reasonable efforts to find and introduce to the Client a person in order to close the subject deal,
- to inform the Client of the average market price of similar properties,
- to obtain and inspect the documents proving ownership and/or other real rights over the subject property and inform the Client of obvious flaws and potential risks in dealing with a property that has no clean title or has registered real rights or other third party rights on the property,
- to deal with the listing (presentation) of the property on the market, advertise the property adequately, and perform all other actions agreed in the real estate agency agreement that exceed the usual presentation, and for which it is entitled to special costs specified in advance,
- to organise a visit to the property for the Client and third parties,
- to mediate in negotiations trying to close the deal,
- to keep confidential the Client's personal information and, upon written request of the Client, keep confidential the information about the property for which the Agent is acting as intermediary or in connection with such property or the deal for which it is acting as intermediary,
- if the subject-matter of the contract to be executed is land, verify the zoning of the subject land in accordance with the applicable zoning regulations pertaining to such land,
- to inform the Client of any and all circumstances relevant for the intended deal that he is or should be aware of.
An Agent that provides agency services to a Client that wishes to remain unknown is not obliged to disclose to a third party the Client's identity until the execution of the transaction.
DUTIES OF THE CLIENT
By signing the agreement, the Client undertakes to perform particularly the following:
- to inform the Agent of all circumstances that are important for the performance of its brokerage services and deliver accurate information about the property and, if appropriate, give evidence of the location, building or occupancy permit for the subject property and present to the Agent evidence on the fulfilment of obligations towards the third party,
- to make available to the Agent documents proving its ownership of the property or other real rights on the property that is the subject-matter of the contract and advise the Agent of all registered and unregistered liens on the property,
- to allow to the Agent and a third party interested in closing a deal a visit to the subject property,
- to inform the Agent about all important data in respect of the subject property, particularly its description and price,
- to pay to the Agent the brokerage fee in full for the brokerage services provided in the sale of the property, in the agreed percentage of the stipulated purchase/selling price, immediately after the signing of the first legal instrument executed by the Client and a third party, based on which an amount has been paid to the Client as a down payment and/or a portion of and/or full purchase/selling price for the property,
- to reimburse to the Agent the expenses incurred during the performance of its brokerage services that exceed the usual brokerage expenses,
- to inform the Agent in writing of any changes related to the job for which it has authorised theAgent, in particular the changes associated with the ownership of the property. The Client is not obliged to enter into negotiations for the conclusion of the subject transaction with a third party found by the Agent, nor to enter into a legal transaction. The Client will be liable to the
Agent for damages if the Client did not act in good faith, and will reimburse all expenses incurred during the brokerage, which cannot be lower than 1/3 or higher than the brokerage fee agreed for the subject brokerage services.
Brokerage services are considered performed by the Agent if it has enabled the Client to contact with a third party to negotiate the conclusion of the deal, and especially if the Agent has:
- directly brought and/or referred to the Client a third party to visit the subject property,
- organised a meeting between the Client and a third party to negotiate the conclusion of the deal,
- informed the Client of the name and/or phone number (land or cell phone) and/or fax number and/or email address of a person authorised for negotiations and/or conclusion of the deal and/or the exact address of a third party interested in closing a deal,
- provided to the Client a contact with a third party in any other way which leaves no doubt about the identification of the person authorised for negotiations and/or conclusion of the deal.
The Agent is entitled to a brokerage fee in the amount specified in the agreement, pursuant to the price list which constitutes an integral part of the General Terms and Provisions. The Agent acquired the right to the brokerage fee immediately after the conclusion of the first legal instrument executed by and between the parties (preliminary contract or final contract).
The agreed brokerage fee includes the Agent's performance of all actions specified in Article 9 of the General Terms and Provisions. In the event of performance of activities not covered by Article 9 of the General Terms and Provisions, upon request of the Client, the Client is obliged to pay to the Agent an hourly fee. In the event of performance of activities not covered by Article 9 of the General Terms and Provisions, upon request of the Client, the Client is obliged to reimburse to the Agent the actual expenses incurred while performing such activities. All fee amounts will be increased by VAT. The agreed brokerage fee does not include the expenses of court fees for land registry registration, caution and annotation, notary fees for authentication of signatures on deeds, fees to be paid for obtaining title deeds, cadastral map excerpts, identification, transfer of mortgage for the purpose of change of the mortgage debtor, fees for mortgage cancellation, certificates and other documents in relation to the transaction concluded in the Client's interest.
The Client is obliged to pay the brokerage fee to the Agent in the event if it executes with a third party it has been brought into contact with by the Agent a different transaction than the one the Agent acted as intermediary for, but which has the same value i.e. produces the same effect as the brokered deal. The Client is obliged to pay the brokerage fee to the Agent in the event if the spouse or commonlaw spouse, descendant or parent of the Client, i.e. a company or another legal entity whose founder or responsible person is the Client, his/her spouse or common-law spouse, descendant or parent, i.e. with whom he/she has a contract of employment or service contract, concludes a deal with a person brought by the Agent into contact with the Client.
LIABILITY FOR DAMAGES
If the Agent breaches the confidentiality provisions, it is obliged to compensate the injured persons for any damages incurred due to the disclosure of confidential information. The confidentiality provisions are not deemed to be breached if the Agent discloses the information for the purposes of intermediation to persons the Agent is attempting to bring the Client into contact
with, and such disclosure is absolutely essential to fulfill its duty under the agreement entered into with the Client.
The Client is liable for damages if he/she has acted fraudulently, if he/she has kept to himself and/or has given inaccurate data which are relevant for the brokerage services. The Client is also liable for damages in the event of his/her negligence or gross negligence towards the Agent and/or a third party he/she has been brought into contact with by the Agent. In the event under paragraph 2 of this Article, the Agent and the Client agree on the obligation of the Client to pay to the Agent all expenses incurred during the provision of the brokerage services, which cannot be higher than the brokerage fee for the subject deal.
PRICE LIST OF BROKERAGE SERVICES
The brokerage fee is charged as a percentage of the total achieved purchase/selling price. Real estate purchase: agreed percentage (%) of the real estate purchase/selling price, minimum fee EUR 1,000.00, payable in HRK countervalue.
Real estate sale: agreed percentage (%) of the real estate purchase/selling price, minimum fee EUR 1,000.00, payable in HRK countervalue.
Real estate lease/rent up to 5 years: 100% of the monthly rent.
Real estate lease/rent for 5 years and more: 200% of the monthly rent.
Agent's hourly fee: HRK 300.00.
Other Agent's services: as agreed.
The prices are exclusive of VAT.
FILING A CONSUMER COMPLAINT
The Client has the right to express its satisfaction or dissatisfaction with the services provided by the Agent.
Suggestions, commendations and complaints are to be filed in writing on the address: Piramida d.o.o. Partizanska 15, 52440 Poreč or by email on: firstname.lastname@example.org
By signing the agreement, the Client gives its explicit consent for the Agent to use the personal identification number and other data indicated in the agreement and acknowledges that he/she is aware of the method of use of the data and agrees with the conditions. The Agent may use the above data for the purpose of identifying the Client and protecting the proprietary interests in the performance of the Agent's activities. The data are considered confidential and may not be disclosed to third parties, unless such data are necessary for the fulfilment of contractual and statutory obligations.
The Agent declares that it will not disclose confidential information received by the Client or use confidential information, except for the purpose of the fulfilment of contractual obligations. The Agent is entitled to disclose confidential information received by the Client only to its authorised employees, consultants, subcontractors, suppliers or legal advisors that must receive such information during the implementation of the agreement or pursuant to the law.
The confidential provisions are not applicable to any information which:
- is or subsequently becomes publicly available in any other way without the Agent's breach of the confidential provisions,
- is already known to the Agent before its disclosure by the Client,
- has been obtained through independent efforts of the Receiving party,
- has been lawfully received by the Agent from a third party without any limitation as to its use, or
- has been requested by a competent judicial or administrative authority.
In case of any dispute between the Agent and the Client in respect of the legal relations arising out of this agreement, they agree on the territorial jurisdiction of the court in whose territory the registered office of the Agent is located, and in this case the substantial law of the Republic of Croatia is applicable.
PIRAMIDA d.o.o. Poreč, Partizanska 12, personal identification number (OIB): 54890989849, based on the Decree of the Ministry of the Economy File No.: UP/l-330-01/17-01/99, Reg. No.: 526-05-01-01-01/2-17-3 of 26 April 2017 meets the requirements for the performance of real estate brokerage services and is entered in the Register of Real Estate Brokers at the Croatian Chamber of Commerce.
Poreč, December 2019
PIRAMIDA d.o.o. Poreč, Partizanska 15