In accordance with the provisions of the Real Estate Brokerage ("NN" br.107/07 and 144/12) Real estate agency LUXURIA Properties, Dr. Ante Starčevića 24, Atlant Centar 1st floor, 20000 Dubrovnik, MB 97366579, VAT number 97071947304 brings:
GENERAL TERMS AND CONDITIONS
General Terms and Conditions
General Terms and Conditions of real estate agents (hereinafter Terms and Conditions) regulate the business relationship between the agency in real estate, LUXURIA Property (hereinafter: Mediator) and natural or legal persons (hereinafter referred to as the principal) that the agent enters into a contract of mediation. Terms and conditions are an integral part of the contract, and the signing of the Treaty of mediation Principal acknowledges that he is familiar with and agrees with the provisions of the conditions of brokers.
Definition of terms contained in the General Conditions
For the purposes of this Act shall have the following meanings:
- Real estate agents authorized company, sole trader or small business owners who meet the requirements for real estate agents.
Mediation in real estate operations are real estate agents regarding the Bidder and the third-party negotiations and preparing the legal transactions which are subject to certain property, especially in the purchase, sale, exchange, lease, rental, etc.
- Real Estate particles land area, along with everything is permanently connected to the surface or below it in accordance with the general regulations on ownership and other property rights.
Bidder is a natural or legal person with real estate enters into a written representation contract (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
- The third person is a person that real estate agents trying to connect with the customer in order to negotiate the conclusion of legal transactions which are subject to certain real estate.
Real estate agencies LUXURIA Properties. based on data received in writing or orally by the customer - vendor. Mediator 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 the sale by the seller, and the possibility that the advertised property has already been sold or the owner abandoned the sale, and had failed to timely inform the agency. Offers and alerts the recipient (customer - the customer) must be kept in confidence and only with the written approval of the Real Estate Agency LUXURIA be transferred to a third party. If the receiving party is already familiar with the property that he agecija offered, must promptly notify the agency.
Treaty on Real estate agent is obliged to perform the following in particular:
Obligations of the Client
- seek to find and bring to the ordering party for the conclusion of the mediation process
- Conclude mediation contract with the customer in writing
- inform the customer of the average market price of similar Real Estate
- inspect the documents proving ownership or other right to the property in question and alert the customer to:
- the obvious deficiencies and potential risks related to the disordered state of the property
- registered property rights or other rights of third parties in the property,
- the legal consequences of default to third parties,
- defects operating permit pursuant to a separate law
- the circumstances of the obligation to apply pre-emption rights and restrictions in the legal system in accordance with special regulations.
- to deal with the presentation (presentation) real estate market, advertise the property in a proper way and do all other actions agreed upon in the brokerage of real estate exceeding the usual presentation, and you are entitled to special, pre-denominated costs,
- provide an overview of real estate
- mediate in the negotiations and try to come to the conclusion of the contract, if it so specifically pledged,
- Keep personal information to the customer and by written order of the customer to keep confidential information about the property being mediated or in connection with the property or business for which mediate
- if the subject of a contract land, property the land in accordance with the regulations spatial planning related to the land,
- to inform the customer of all the circumstances relevant to the intended job known to him, or he must be known.
- Prepare tax returns for the customer
Treaty on Real Estate Client agrees to do the following in particular:
- Inform the mediator of all circumstances that are important for the performance of the accurate information about the property and if it has to give evidence of the location, building, or use permit for the property that is the subject of the contract and to submit proof of compliance with the intermediary liability to third parties,
- to give evidence of the documents confirming the ownership of the property or other right in respect of property that is the subject of the contract and alert at all The registered agent and unregistered burdens that exist on the property,
- Provide agent and a third person interested in concluding the mediation process sightseeing real estate agents
- Advise on all relevant information requested property which specifically includes a description of the real estate price,mediated
- After concluding a legal transaction or which pre- pledged to conclude a deal brokered legal, if the agent and the principal agreed that the right to payment of brokerage fees already acquired at the conclusion of the preliminary contract, pay the Agent an agency fee, unless otherwise agreed,
- If it is expressly agreed to reimburse the Agent for expenses incurred during the mediation that exceed the usual brokerage costs,
- notify the agent in writing of any changes related to the job for which it is authorized intermediaries, especially the changes associated with the ownership of the property.
Principal is not obliged to enter into negotiations for the conclusion of the mediation process with a third party found by the Agent, or enter into a legal transaction, a provision of a contract stipulating otherwise, null and void.
Principal will be liable for damages if he did not act in good faith and shall reimburse all costs incurred during the mediation, which can not be greater than brokerage fees mediated deal .
of mediating agent who performs for the customer who wishes to remain unknown has no obligation to a third party, which would like to conclude with the Principal legal work, reveal the identity of the principal until the conclusion of that work.
Mediator may transfer contract mediation to other agents if such contracts broker and principal. In the case referred to in paragraph 1 this Article, the principal remains in contractual relation with only agent with whom he signed a contract, and the mediator will provide a list of the principal agents to which the agreement on job transfers.
brokerage fee shall be determined by mediation contract (hereinafter referred to as compensation).
compensation amount shall not exceed 6% of the purchase price of the property.
Right to agency fee
Agent is entitled to reimbursement in full at the time of the conclusion of the mediation process, or signing the preliminary contract, agreement or other similar legal document that the principal committed conclude mediated
costs of additional services in connection with the work that is the subject of mediation intermediary may charge the amount of actual costs if specifically agreed between the agent and the principal.
Upon termination agent is entitled to compensation for a period not longer than the duration of the contract, unless otherwise agreed, in cases when the principal enters into with a third party legal work is mainly the result of Agent's action before the termination of the mediation.
agreement, made at a certain time cease upon expiry of the contractual period if that period is not a contract for which was mediated or cancellation of any of the parties.
Principal shall pay the Agent for the costs incurred by or any expressly agreed to be paid by the Bidder.
If within a period not longer than the duration of the mediation contract after the termination of the contract the principal enters into a legal transaction which is mainly the result of Agent's action before the termination of the
mediation, the mediator is obliged to pay the whole fee, except unless otherwise agreed.
provisions of paragraph 2 and 3 of this Article shall apply to the termination of contracts isključivome mediation.