General Terms and Conditions
BASICS d.o.o. is a real estate agency with the licence of the Croatian Chamber of Commerce, acting as a mediator in the sale and purchase, rental and lease of real estate.REAL ESTATE AGENCY CONTRACT
Article 1
1.1. Real estate agency (hereinafter: Agent) and (hereinafter: Principal) hereby enter into a Real Estate Agency Contract.
1.2. The Real Estate Agency Contract is made in written form and concluded for a definite period.
1.3. If the contracting parties fail to stipulate Contract duration, the Contract shall be considered concluded for a definite 12 month period and may be extended multiple times with the mutual consent of the contracting parties.
1.4. The Contract concluded by and between the Agent and the Principal shall especially contain data on the Agent, the Principal, type and relevant content of the transaction in question, Agent’s commission, as well as any additional costs arising in connection with the Agent providing other services relating to the transaction which is the subject of agency to the Principal, in agreement with the Principal.
1.5. The Real Estate Agency Contract may also contain other data pertaining to the transaction which is the subject of agency (e.g. period and conditions of payment of the Agent’s commission, data on liability insurance, conditions ofpayment security for the Agent’s commissionand similar).
Obligations of the Agent
Article 2
2.1. The Agent hereby undertakes to attempt to identify and connect a third party with the Principal, to negotiate and conclude the legal transaction of transfer or realization of a certain right over a real estate, and the Principal undertakes to pay the Agent the agreed Agent’s commission in case of conclusion of such transaction.
2.2. The Agent shall take any and all marketing activities relating to the purchase and sale, execute any actions necessary to present and publicize the real estate, e.g. advertise the real estate in the media, the press (dailies, weeklies and monthlies), in specialized real estate magazines, on specialized web portals, radio and TV shows and in the business premises of the Agent on behalf of the Principal.
2.3. In the scope of the agency service, the Agent undertakes to provide the Principal complete legal assistance, unless otherwise agreed by both contracting parties.
2.4. The Agent shall inform the Principal of the average market price of similar real estate.
2.5. The Agent shall examine the documents proving ownership of or other real right on the real estate in question and warn the Principal of any:
- obvious defects and possible risks relating to the unregulated status of the real estate in the land register;
- entered real rights or other third party rights on the real estate;
- legal consequences of the non-fulfilment of obligations towards third parties;
- lack of construction and use permit in accordance with the special law;
- circumstances of the obligation to observe pre-emptive buying rights and limitations in legal transactions in accordance with special regulations.
2.7. The Agent undertakes to ensure an inspection of the real estate.
2.8. The Agent shall treat the personal data of the Principal as confidential and, at the written request of the Principal, treat any data on the real estate which is the subject of agency as a business secret.
2.9. If the subject of contract conclusion is a land plot, the Agent shall check the intended use of the plot stipulated in the physical planning regulations pertaining to such plot.
2.10. The Agent shall inform the Principal of any and all circumstances relevant for the intended transaction that come to the attention of the Agent.
Obligations of the Principal
Article 3
The Principal hereby especially undertakes to do the following:
3.1. inform the Agent of any circumstances relevant for the performance of agency and provide correct data on the real estate and if one exists, present to the Agent location, construction and use permits for the realestate which is the subject of the contract, as well as give the Agent an insight into proof that any obligations towards third parties have been fulfilled;
3.2. give the Agent an insight into documents proving the Principal’s ownership of the real estate, i.e. other real right on the real estate;
3.3. allow the Agent and a third party interested in the conclusion of the relevant legal transaction to visit and inspect the real estate;
3.4. give the Agent all the relevant data pertaining to the desired real estate, especially its description and price;
3.5. after the conclusion of the legal transaction which is the subject of agency, i.e. conclusion of a preliminary contract binding the parties to the conclusion of such legal transaction, if the Agent and the Principal contracted that the right to the payment of the Agent’s commission is obtained upon the conclusion of a preliminary contract, the Principal shall pay the Agent’s commission to the Agent, unless contracted otherwise;
3.6. if expressly agreed, compensate the Agent for any costs arising during agency above and beyond the usual costs of agency;
3.7. inform the Agent in writing on any changes relating to the legal transaction the Agent is authorized to conduct, and especially of any changes in real estate ownership.
The Principal is not obligated to enter into negotiations for the conclusion of a transaction with a third party identified by the Agent, nor to conclude such legal transaction.
The Principal undertakes to conduct the legal transaction if he confirms to the Agent that he consents to a particular sale and purchase or rent and lease in writing.
Otherwise, the Principal shall be liable for damage, if he does not act in good faith and shall compensate all costs of agency, which shall not exceed the Agent’s commission for the transaction assisted by the Agent.
Exclusive agency
Article 4
4.1. In the Real Estate Agency Contract, the Principal may undertake not to hire any other agent for the transaction in question (exclusive agency), which obligation shall be expressly contracted.
4.2. If during the period of an Exclusive Real Estate Agency Contract the Principal concludes a legal transaction through another agent, without participation of the exclusive Agent, for which the exclusive Agent was given an order, the Principal shall compensate the exclusive Agent for the actual costs of agency. If the amount of the Agent’s commission is not contracted, the Principal shall compensate the Agent for the actual costs of agency, which shall not exceed the Agent’s commission for the transaction assisted by the Agent.
4.3. When entering into an exclusive Real Estate Agency Contract, the Agent shall specifically inform the Principal of the meaning and legal consequences of such clause.
Cessation of the Real Estate Agency Contract
Article 5
5.1. Real Estate Agency Contract concluded for a definite period shall cease upon the expiry of the contracted period if no contract is concluded through the assistance of the Agent within that period or this Contract is not terminated by the contracting parties.
5.2. The Principal shall compensate the Agent for any costs expressly contracted to be separately met by the Principal.
5.3. If in the period no longer than the duration of the concluded Real Estate Agency Contract after the cessation of such contract, the Principal enters into a legal transaction mostly owing to the actions of the Agent taken prior to the cessation of the Real Estate Agency Contract, the Principal shall pay the Agent the full amount of the Agent’s commission, unless contracted otherwise.
5.4. The provisions of paragraphs 2 and 3 of this Article shall also apply to the cessation of the exclusive Real Estate Agency Contract.
AGENT’S COMMISSION
Purchase and sale
Article 6
6.1. The amount of the Agent’s commission shall be stipulated in the Real Estate Agency Contract.
6.2. The Agent’s commission shall be charged as a percentage of the total realized amount of the purchase price.
6.3. The Agent’s commission for agency in the sale of real estate shall be charged from the seller in the amount of 2.5%-3.5% (depending on the location) plus VAT.
6.4. The Agent’s commission in the amount of 1.5% plus VAT shall be charged from the buyer if so contracted or if the Agent receives a written or oral order of the buyer to look for a real estate.
6.5. In case of exchange of properties, the commission shall be charged from all parties involved and the percentage calculated on the basis of the value of the real estate acquired by such exchange by each party. The commission is established in the amount of 2-3% from each party involved, plus VAT.
6.6. The Agent shall obtain the right to the commission only after the conclusion of the contract with his assistance, unless the Agent and the Principal contract that the right to the commission is obtained upon the conclusion of the preliminary contract.
6.7. The Agent shall not request partial advance payment of the commission, i.e. prior to the conclusion of the contract, i.e. preliminary contract in accordance with paragraph 6.1. of this Article. The Agent may charge the costs of any additional services relating to the transaction which is the subject of agency in the amount of actual costs, if separately contracted by the Agent and the Principal.
6.8. Following the cessation of this Contract, the Agent shall have the right to a compensation during the period not exceeding the duration of the concluded contract, if not contracted otherwise, if the Principal concludes a legal transaction with a third party mostly owing to the actions of the Agent taken prior to the cessation of the Real Estate Agency Contract.
AGENT’S COMMISSION
Lease and rent
Article 7
7.1. The amount of the Agent’s commission shall be stipulated in the Real Estate Agency Contract.
7.2. The Agent’s commission shall be charged from the landlord (lessor) as a percentage of the monthly rental fee, ranging from 30% minimum to 150% maximum plus VAT, depending on the duration of the rent/lease period or manner of payment of the rental fee.
7.3. The Agent’s commission shall be charged from the tenant/lessee if contracted or if the Agent received a written or oral order of the tenant/lessee to look for the real estate. The Agent’s commission shall be charged as a percentage of the monthly rental fee, ranging from 30% to 150% plus VAT, depending on the duration of the rent/lease period.