General business conditions

General Terms and Conditions
“Paris Team d.o.o.”, Business Unit “Immobella”
The Real Estate Agency
Office: Graberje 21/A, Varaždin, Croatia
Headquarters: Trakošćanska 11/B, Varaždin, Croatia

I   General Provisions

Article 1.

The general terms and conditions of business of real estate mediation (hereinafter: General Terms and Conditions) regulate the business relationship between a real estate agency (hereinafter: Mediator) and a natural or legal person (hereinafter: Principal) who concludes a written agency contract with the agent.

The General Mediation Terms and Conditions are an integral part of the mediation contract concluded between the Mediator and the Principal.

Article 2.

The general terms and conditions of business are regulated and aligned with the current Law on mediation in real estate transactions, the General Administrative Procedure Act, the Obligations Act, the Consumer Protection Act, as well as other current regulations of the Republic of Croatia.

II   Terms and Names in Relation to These General Terms

Article 3.

Mediator: Paris Team, a limited liability company for trade and services, headquartered at Trakošćanska 11/B, 42000 Varaždin, OIB: 60814242851, MB: 02612321, with branch office under the name “IMMOBELLA”, based on the decision of the Ministry of Economy, Labor and Entrepreneurship of the Republic of Croatia, CLASS: UP/I-330-01/18-01/20, REG. NUMBER: 526-05-01-01-01/3-18-4, is a licensed real estate brokerage agency and is registered in the Register of Real Estate Brokers in the Republic of Croatia maintained by the Croatian Chamber of Economy under registration number 27/2018 of 20.03.2018.

Principal: a natural or legal person who is authorized to conclude a written contract with the Mediator on real estate mediation (seller, lessor, buyer, lessee, tenant, legal representative of the aforementioned and other possible participants in real estate transactions).

Brokerage in real estate transactions: all actions undertaken by a broker in real estate transactions with the aim of connecting the Principal and a third party and fulfilling the mediated work that is the subject of the brokerage contract.

Third parties: natural or legal persons that the Intermediary seeks to connect with the Principal for the purpose of negotiations and conclusion of the mediated legal transaction that is the subject of the contract on mediation in real estate transactions.

Real estate: plots of land, together with everything that is permanently attached to the land on or below the surface in accordance with the provisions of the general regulations on ownership and other real rights.

Mediation agreement: a written document that regulates the relationship between the Principal and the Mediator. By concluding the mediation agreement, the Principal confirms that he is familiar with the provisions of these General Terms of Business of the Intermediary. If the Principal and the Intermediary define the contractual relationship differently from the provisions of these General Conditions, then the provisions of the concluded contract shall apply.

Brokerage fee: the amount that the Principal is obliged to pay to the Broker for brokerage services.

Members of the Principal’s / third party’s family household: the spouse or common-law partner of the Principal / third party, even if the marriage was entered into or the common-law relationship began after the conclusion of the agency agreement, the children and stepchildren of the Principal / third party, the parents, stepmother or stepfather of the Principal / third party, and all other relatives who live in the same household with the Principal / third party at the time of the conclusion of the agency agreement.

Close natural and legal persons of the Principal / third party: members of the administrative or supervisory bodies or responsible members of the company of the Principal / third party and all other natural or legal persons who, due to their position, legal, contractual or any other relationship, have the opportunity to be proxies of the Principal / third party, or if the aforementioned persons, based on the power of attorney, conclude a legal transaction that is the subject of the brokerage contract between the Principal and the Broker.

III   Mediation Agreement

Article 4.

By the brokerage contract, the Broker undertakes to put in touch with the Principal a third party who would negotiate with him about concluding the mediated legal transaction, and the Principal undertakes to pay him the agreed brokerage fee (commission) if the mediated transaction is concluded.

The brokerage contract (hereinafter: brokerage contract) is concluded between the Broker and the Principal in writing.

The brokerage contract must truthfully, accurately and completely state the essential data for the sale, purchase, exchange, rent or lease of the subject property.

The brokerage contract is concluded for a certain agreed period, which can be extended several times, until the contract is fulfilled or until either party terminates it by mutual agreement or unilaterally.

If the Broker does not wish to continue the brokerage, the Principal may unilaterally cancel the Brokerage Contract at least 15 (fifteen) days before the expiry of the agreed period. If the brokerage contract is not cancelled in the manner described, then it is extended for the same agreed period. The contract is cancelled in writing (by post or e-mail).

Each contracting party may unilaterally terminate the brokerage contract at any time for justified reasons. In the event that the Principal unjustifiably terminates the brokerage contract, he is obliged to compensate the Broker for the actual costs incurred during the brokerage, in accordance with the price list that is an integral part of these General Terms and Conditions.

The Broker may, exceptionally, at the request of an individual seller, landlord or lessor of real estate based on his oral order, perform the service of advertising the real estate in electronic and other media and record it in the brokerage log, and when he obtains a buyer, lessee or tenant for the real estate in question, conclude a written brokerage contract with the seller, landlord or lessor and complete the brokerage for the real estate in question. If the seller, landlord or lessor does not want to conclude a brokerage contract with the Broker for the real estate in question, then the Broker is not obliged to put him in touch with an interested third party buyer, lessee or tenant.

Article 5.

The Broker may refuse to conclude a brokerage contract with the Principal based on its own discretion, in particular:

• if the Principal is a minor, a person with reduced or limited legal capacity, and a valid authorization or power of attorney from the legal representative of the said persons does not exist, or has not been presented to the Agent,
• if there is a reasonable doubt regarding the identity, or if the identity of the natural or legal person of the Principal cannot be determined or the data is untrue,
• if bankruptcy proceedings have been initiated against the Principal as a legal entity or it can be concluded from the operations of the Principal that he is unable to pay the intermediary fee, or if there is any overdue outstanding obligation of the Principal towards the Intermediary,
• if enforcement or bankruptcy proceedings have been initiated against the Principal or it can be concluded from the Principal’s business operations that he is incapable of paying the brokerage fee, or if there is any outstanding obligation of the Principal towards the Broker,
• if the Client’s real estate is encumbered by court records, foreclosure, bankruptcy, fiduciary, easement and other possible records and encumbrances that significantly limit the disposal of the real estate, i.e. make the sale process more difficult,
• if the Client requests an unrealistically high price for the property without any basis in the property valuation report issued by an authorized court-appointed real estate appraiser,
• if the Client does not have proper documentation for the property (building permit, occupancy permit or legalization decision on the completed condition, energy certificate, etc.),
• if the Client does not have proof of the legality of the construction of his real estate (use permit or legalization decision on the as-built condition), if the Client has not registered all constructed facilities on his plot in the cadastral register and land registry extract of the real estate, and if the Client has not reconciled the data entered in the land registry file and title deed of his real estate with the actual condition of the same.

IV   Exclusive Mediation

Article 6.

By means of a brokerage contract, the Principal may undertake not to engage any other Broker for the brokered transaction (exclusive brokerage). Exclusive brokerage is an obligation that must be agreed upon in a separate brokerage contract.

If, during the term of the exclusive brokerage contract, the Principal concludes a legal transaction through another Broker, other than the Broker, for which the exclusive Broker was given an order to broker, he is obliged to pay the Broker with whom he concluded the exclusive brokerage contract the actual costs incurred during the brokerage.

When concluding the exclusive brokerage contract, the Broker is obliged to specifically warn the Principal of the meaning and legal consequences of such a contract.

V   Obligations of the Intermediary

Article 7.

By the real estate brokerage contract, the Broker undertakes to perform the following in particular:

• Try to find and bring a third party into contact with the Principal, in order to conclude the mediated deal;
• Provide an opinion on the market value of the property and inform the Principal about it;
• Inform the Principal of any defects in the property;
• Check the documents required for the validity of the mediated deal;
• Inspect the documents proving ownership of the property in question and warn the Principal of any possible deficiencies in the documents;
• Inform the Principal of all legal, tax and other obligations arising from the mediated legal transaction regarding the property in question;
• Perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in an appropriate manner, as well as perform all other actions agreed in the contract on mediation in real estate transactions that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;
• Enable inspection of the property or properties;
• Mediate in negotiations and strive to conclude a contract, if specifically committed to doing so;
• Keep the personal data of the Client, and other data at the Client’s request, as a business secret;
• Inform the Principal of all circumstances significant to the mediated transaction that are known to him or must be known to him.

It is considered that the Intermediary provided the Principal with a connection with a third party, with the aim of negotiating and concluding the mediated deal, if:

• The Agent enabled the Principal to contact a third person (natural or legal person) with whom he negotiated to conclude a legal transaction, especially if he directly took or directed the third person to view the Principal’s real estate that is the subject of the mediation;
• organized a meeting between the Principal and a third party for the purpose of negotiating a mediated legal transaction;
• informed the Principal of the name, telephone number or e-mail address of a third party (interested party) authorized to conclude a mediated legal transaction or informed the third party (interested party) of the exact location of the requested real estate, provided that person with accurate information about the ownership of the real estate that is the subject of the mediated legal transaction or relevant information about the Principal itself.

Article 8.

The Broker is obliged to keep as a business secret all information that he learns while performing brokerage activities, which relate to the Principal, the real estate for which he brokers or are related to that real estate or to the transaction for which he brokers or which he concludes on the basis of special authority.

The duty to maintain business secrecy shall not be considered to have been violated if the Broker discloses certain information about the real estate that is the subject of brokerage to third parties with whom he is trying to bring the Principal into contact, and this was absolutely necessary for the Broker to fulfill his obligation under the brokerage contract concluded with the Principal.

The Broker may exceptionally conclude a mediated legal transaction in the name and on behalf of the Principal, only if the Principal has issued the Broker with a special power of attorney for this purpose.

When selling real estate that is co-owned by several persons, the written consent of all co-owners or representatives of all co-owners is required for the sale of the real estate in the form of acceptance and signing of the brokerage contract.

VI   Obligations of the Client

Article 9.

By means of the real estate brokerage contract, the Principal undertakes to perform the following in particular:

• To inform the Mediator about all the circumstances that are important for carrying out the mediation and to present accurate data about the real estate and, if he has it, to provide the Mediator with the location, construction, or use permit and the energy certificate for the real estate that is the subject of the contract, as well as to provide the Mediator with evidence of the fulfillment of any obligations towards third parties;
• Provide the Agent with documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the contract, and alert the Agent to all registered and unregistered encumbrances that exist on the real estate that is the subject of the mediation;
• Provide the intermediary and a third party interested in concluding the mediated transaction with a tour of the property;
• Inform the broker of all essential information about the requested real estate, which in particular includes the description of the real estate and the price;
• After concluding a mediated legal transaction, or a preliminary contract by which he or she undertakes to conclude a mediated legal transaction, if the Mediator and the Principal have agreed that the right to payment of the mediation fee is acquired already upon concluding the preliminary contract, pay the agreed mediation fee to the Mediator, unless otherwise agreed;
• If agreed, reimburse the mediator for costs incurred during the mediation;
  Notify the Broker in writing of all changes related to the transaction for which he has authorized the Broker, and in particular of changes related to ownership of the real estate.

The Principal is not obliged to enter into negotiations for concluding a mediated transaction with a third party found by the Broker, nor to conclude a mediated legal transaction, and any provision of the contract that stipulates otherwise is null and void. The Principal will be liable for damages if he did not act in good faith and is obliged to compensate the Broker for all costs incurred during the mediation process, which cannot exceed the agreed mediation fee for the mediated transaction.

VII   Intermediary Fee

Article 10.

The Broker is entitled to a brokerage fee for the brokerage performed during the purchase, sale, exchange, lease and rental of real estate, which is regulated by the brokerage contract between the Principal and the Broker and these General Terms and Conditions of the Broker.

The Broker is obliged to charge a brokerage fee for his work as determined by the brokerage contract and the Real Estate Brokerage Act. The brokerage fee price list is an integral part of these General Terms and Conditions. If the brokerage contract stipulates a brokerage fee that is different from the brokerage fee from the price list that is an integral part of these General Terms and Conditions, then the Broker will calculate the brokerage fee that is agreed upon in the concluded brokerage contract between the Principal and the Broker.

The Broker charges the brokerage fee in the agreed percentage or in the absolute amount that is defined in the brokerage contract or the price list from these General Terms and Conditions, at the moment when the first mediated legal transaction (preliminary contract, contract) is concluded, or at the moment that is defined in the concluded brokerage contract between the Principal and the Broker.

In the case of mediation in which the Principal himself or through a third party found a person interested in the mediated job, the Mediator may charge actual costs incurred in connection with the mediation in question.

Article 11.

If the client offers the Mediator a fee higher than the agreed one, the Mediator may accept such a fee, but provided that it is not clearly disproportionate to his services, the outcome of his work and the financial situation of the Principal.

The Mediator may agree on the right to compensation for the costs necessary to execute the order and request that funds be advanced in advance for certain expenses in accordance with the price list from these General Terms and Conditions.

The Mediator is also entitled to the agreed mediation fee when the Principal concludes with a third party, with whom the Mediator has brought him into contact, a legal transaction that is different from the mediated legal transaction, and which achieves the same or similar purpose as the mediated transaction (e.g. if instead of a contract for the purchase and sale of real estate, the Principal and a third party conclude a contract for the exchange, lease, rental of real estate, etc.).

The Mediator is entitled to the agreed mediation fee if, after the expiration or termination of the brokerage contract, the Principal concludes a legal transaction that is predominantly a consequence of the Broker’s actions prior to the termination or expiration of the brokerage contract, unless otherwise regulated by the concluded brokerage contract between the Principal and the Broker.

VIII   Real Estate Supply and Prices

Article 12.

The Broker’s offer is based on the information provided in writing and orally by the Principals. The real estate offer is available to interested third parties at the Broker’s office, on the Broker’s official website https://immobella.org/ and in electronic and other media.

There is a possibility of an error in the description and price of the real estate and the possibility that the advertised real estate has already been sold, rented, leased or that the owner of the real estate has in the meantime given up on the sale, rent or lease of his real estate and has not notified the Broker in a timely manner in order to update the offer.

The recipient (Principal) of the offer and the information of the Broker must keep it as a business secret and may only transfer it to a third party with the written consent of the Broker.

If the recipient of the Broker’s offer is already familiar with the real estate offered to him by the Broker, the recipient is obliged to notify the Broker thereof in writing, by electronic mail (e-mail) or by registered letter without delay.

Real estate prices are most often expressed in EUR, they may also be expressed in the equivalent of other currencies on the day the offer is issued to interested third parties, and are payable in accordance with the contract between the Principals and third interested parties.

IX   Price List of Intermediary Fees and Services

Article 13.

Intermediary commission (fee) for intermediation during the purchase, sale, exchange, lease and rental of real estate:

Note: The intermediary is in the VAT system and calculates VAT on the prices of intermediary fees and services.

PRICE LIST

* the price of services does not include taxes and administrative fees

Note: The intermediary calculates VAT on the prices of the stated intermediary fees and services.

X   Final Provisions

Article 14.

For all other relations not regulated by these General Terms and Conditions or the brokerage contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply.

In the event of a dispute arising from the brokerage contract between the contracting parties, which cannot be resolved amicably, the Municipal Court in Varaždin shall have jurisdiction, unless the contracting parties agree otherwise.

These General Terms and Conditions are published on the Broker’s official website https://immobella-nekretnine.hr/ and are available at the Broker’s official premises.

The Broker shall draw up all amendments and supplements to these General Terms and Conditions in writing and publish them in the manner specified in the previous section.

These General Terms and Conditions of the Broker shall apply from 05 May 2018.

In Varaždin, May 5, 2018.

for Paris Team d.o.o. – branch 1 “IMMOBELLA”
Saša Kalčik, licensed real estate agent