GENERAL TERMS AND CONDITIONS FOR REAL ESTATE REAL ESTATE
These General Terms and Conditions (from now on: the Terms) govern the business relationship between ALPHA LUXE GROUP d.o.o. (from now on: the Mediator) and a natural or legal person (from now on referred to as the Principal) who concludes a written mediation contract with the Mediator. The General Terms and Conditions are an integral part of the mediation contract found between the Mediator and the Principal, and by concluding the mediation contract, the Principal confirms that he agrees with the provisions of these Terms and accepts them in full.
TERMS AND THEIR MEANING
1. Real Estate Broker or Mediator is ALPHA LUXE GROUP Ltd., Mate Vlašića 17, 52440 Poreč, Croatia Limited Liability Company, which fulfils the conditions for conducting real estate brokerage as defined by the Real Estate Brokerage Act (from now on: Broker).
2. A real estate broker is a natural person who is registered in the Directory of real estate brokers and as such is employed by a mediator or employed by a legal person who has a cooperation contract with a mediator, or who personally has an agreement of cooperation with the Agent (from now on referred to as the Agent).
3. Real estate brokers are the activities of real estate brokers concerning the connection of the Principal and the third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of a particular real estate, especially when buying, selling, exchanging, renting, leasing, etc.
4. The Principal is a natural or legal person who concludes a written mediation agreement with the Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate) (from now on: the Principal).
5. A third party is a person whom the Real Estate Broker seeks to associate with the Principal to negotiate the conclusion of the legal transactions for which the particular real estate is subject, regardless of whether the Broker has a brokerage agreement with the Third Party (from now on: Third Party).
6. Real estate is a parcel of land, together with anything that is permanently connected to the ground on or below the area under the provisions of the general regulation on ownership and other real rights.
7. A brokerage fee is an amount that the client is obliged to pay to the Broker for the brokerage services.
The Mediator's offer is based on the information received in writing and verbally by the Principal.
The Principal is aware of the possibility of a mistake in the description and price of the property, as well as the possibility that the advertised property has already been sold, rented or that the owner of the property has abandoned the sale.
The Mediator is not responsible in case of a mistake in the description or price of the real estate, as well as in the case of the property owner's withdrawal from the mediated legal transaction.
Offers and notices must be kept confidential by the Principal and only with the written permission of the Intermediary may be transferred to a third party.
If the recipient of the Broker's offer is already familiar with the real estate offered to him, he shall immediately inform the Broker in writing, via e-mail or by registered letter.
The Real Estate Brokerage Agreement (from now on: the Contract) obliges the Broker to endeavour to find and liaise with the Principal to negotiate and conclude a specific legal transaction concerning the transfer or establishment of a particular right in real estate and/or in connection with real estate, and the Principal undertakes to pay him a certain brokerage fee (from now on referred to as: "Compensation") if such legal work is concluded, whereby the completed legal transaction also implies the conclusion of pre-contracts by which the contracting parties are obliged to complete the main Contract on transfer or establishment a specific right to the real estate and/or in connection with the real estate. The contract is concluded in writing and for a fixed term.
If the contracting parties do not agree on the contract term themselves, the Contract is concluded for a fixed period of 12 months from the date of conclusion of the Contract. Agreement of the parties may extend it several times.
EXCLUSIVE AGREEMENT - EXCLUSIVE AGREEMENT
The Contract on Exclusive Mediation The Principal undertakes not to hire any other mediator for the mediated work. If during the duration of the Exclusive Mediation Agreement, the Client has concluded a legal transaction by the Mediator, independently or through another mediator, and for which the Mediator has been given the mediation order, he is obliged to pay the Mediator the agreed Brokerage fee as well as any additional real costs incurred during mediation. For the said mediated business. When concluding an exclusive brokerage contract, the Mediator is obliged to warn the Client in particular about the meaning and legal consequences of the exclusivity clause - exclusivity. A fixed-term exclusive brokerage contract shall be terminated by the conclusion of the Contract for which it is mediated if the Contract for which it was mediated or terminated by either of the contracting parties in accordance with the provisions of the concluded exclusive brokerage agreement has expired. In the event of termination of the Exclusive Brokerage Agreement for the reasons stated in the previous paragraph, the Principal shall reimburse the Broker for the costs incurred otherwise explicitly agreed to be paid separately by the Principal. If within 12 months after the termination of the Exclusive Mediation Agreement, the Client concludes a legal transaction which is mainly a consequence of the Mediator's activity before the termination of the Exclusive Mediation Agreement, he shall pay the Mediator in full, unless otherwise agreed by the Agreement.
TERMINATION OF THE AGREEMENT
A fixed-term contract is terminated by the expiration of the period for which it was concluded if the contract for which it was mediated or terminated by either Contracting Party in accordance with the provisions of the concluded Mediation Agreement is not concluded within that period.
The Principal is obliged to reimburse the Broker for the costs incurred otherwise explicitly agreed to be paid separately by the Principal.
The Principal may cancel the mediation order provided that the revocation is not contrary to the principle of conscientiousness. The cancellation of the order in this regard cannot be a storm with the intention of depriving the intermediary or knowingly damaging the right to compensation.
If the Client, during the duration of the Mediation Agreement, or after the termination of the Agreement, and within 12 months from the completion of the Agreement, concludes a legal transaction with the Mediator with the person with whom the Mediator brought him in connection, or concludes it through another Mediator, who in the has made the connection with the Third Party after the Mediator, or in general the legal work is mainly the result of the Mediator's activity during or after the termination of the Agreement, the Principal shall be considered to have acted contrary to the principle of conscientiousness in terms of the provisions of the law governing obligatory relations in the Republic of Croatia. Fully settle the Brokerage Fee.
OBLIGATIONS OF THE INTERMEDIARY
The Broker is obliged, in mediation for the conclusion of the contract of sale, lease or lease Agreement, to perform the following in particular:
• Endeavor to find and connect with the Client a legal or natural person to conclude a mediated legal transaction
• Obtain and inspect documents proving ownership or another real right in the property in question
• Perform the necessary actions to represent the property on the market, properly advertise the property, and perform all other actions agreed to by the real estate brokerage contract that exceed the usual presentation, for which the Broker is entitled to individual, pre-stated costs.
• Provide property inspection
• Mediate in negotiations and strive to reach a contract, if committed explicitly to it
• Keep the personal data of the Principal under a special law and, by written order of the Principal, keep as confidential business information about the real estate for which he mediates or in connection with that real estate or the business for which he mediates
• If the object of the contract is land, check the purpose of the land in accordance with the zoning regulations relating to that land
• Inform the Principal of all circumstances relevant to the intended business that are known or need to be known to him
• To acquaint the Principal with the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (OG 108/17, 39/19).
Upon the conclusion of the contract of sale, and with the Purchaser of the real estate acquirer, if the latter expresses interest and without the right to further compensation, the Broker undertakes to perform one or more actions as follows:
1. in co-operation with the legal aid provider, transfer ownership in the land registers;
2. register the Client as a new user of the services with the companies of the utility service providers.
The Mediator shall not be liable if, despite due diligence, it fails in its efforts to have the Client and the third party enter into the intended contract.
OBLIGATIONS OF THE ORDER
By concluding the Brokerage Agreement with the Broker, the Client assumes the following obligations:
• Inform the Broker of all circumstances that are important for the mediation and provide accurate information on the real estate, and if he possesses, give the broker a location, construction or occupancy permit for the real estate subject to the contract, and provide the Broker with evidence of the fulfilment of obligations according to a third party.
• Provide the broker with the documents proving his ownership of the real estate or another real right to the real estate subject to the contract, and alert the broker to all registered and unbooked encumbrances existing on the real estate
• Provide the broker with an energy certificate for the property
• To acquaint the Agent with the fact that the real estate in question represents the marital property of the Principal and his / her spouse
• Provide a real estate broker and a third party interested in concluding a mediated business
• Inform the Broker of all relevant information about the requested property, which in particular includes the description of the property and the price
Reimburse the Broker for costs incurred during the mediation that exceed the general mediation costs.
• Inform the Agent in writing of any changes related to the business for which he has authorized the Agent, and in particular of changes associated with the ownership of the real estate.
The Principal is not obliged to enter into negotiations to conclude a mediated transaction with a Third Party found by the mediator, nor to conclude a legal transaction. The Client shall be liable for damages if he did not act in good faith and shall be obliged to compensate for all costs incurred during mediation, which costs cannot be less than 1/3 of the contracted fee. And not higher than the agreed fee.
The Principal should be liable for damages if he acted fraudulently if he withheld or gave inaccurate information relevant to the mediation business to complete the mediated transaction. The loss will be calculated in accordance with the costs incurred by the Broker in the said business, which will amount to at least 1/2 of the contractual compensation.
The amount of the brokerage fee is determined by the contract of mediation, as a percentage of the purchase price of the property or in a fixed amount, or in the case of the conclusion of the lease or lease agreement, in the amount of the monthly rent or lease, except in the case of the completion of the rental or lease contract concluded for a period of 60 months (5 years) and longer, in which case the brokerage fee is at least 150% of the monthly rent or rent.
The agreed brokerage fee covers the execution of all the activities of the Broker referred to in Article 7 of the General Conditions. In the case of performing activities that are not covered by Article 7 of the General Conditions, upon the request of the Principal, the amount of the brokerage hour shall be HRK 350.00 (in letters: three hundred and fifty kunas).
In the case of performing activities that are not covered by Article 7 of the General Conditions upon request of the Client, the latter is obliged to reimburse the Intermediary for the actual costs of performing such actions in addition to the compensation for the spent brokerage hour. The maturity of the brokerage hour and the compensation of the costs referred to in the previous two paragraphs of this Article shall be 15 days from the day of their occurrence. In the case that the concluded legal transaction also includes the conclusion of a pre-contract by which the Principal and the Third-party are obliged to conclude the main contract in connection with the real estate subject to mediation and by which the payment of the down payment and/or part of the agreed purchase price is concluded before the main purchase contract is concluded, The Principal is obliged to pay the brokerage fee to the Broker in two equal parts, the first of which is due on the date of payment of the down payment and/or part of the agreed purchase price, and the second on the time of conclusion of the main contract, that is, on the day of expiry of the deadline specified in the pre-contract for the completion of the main contract.
In case the concluded legal transaction involves the conclusion of a pre-contract by which the Principal and the Third-party are obliged to complete the main contract in relation to the real estate subject to mediation, but which does not contract the payment of the down payment and/or part of the agreed purchase price before concluding the main contract of sale, undertakes to pay the brokerage fee to the Broker on the day of the conclusion of the main contract, or the expiry of the deadline specified in the pre-contract for the conclusion of the main contract. Pay to the Broker on the day of the completion of the purchase contract.
The cancellation of the Principal or the Third-party with whom the Principal has entered into a contract with respect to the real estate subject to mediation, as well as the cancellation of the Principal or the person with whom the Principal has concluded a contract with respect to the real estate subject to mediation since the fulfilment of the concluded contract do not affect the obligation of the Principal The Broker shall pay the brokerage fee in the amount and the manner stipulated by this Article and the concluded mediation contract.
Nalogodavac je dužan platiti Naknadu i kad je s Trećom osobom, na koju mu je ukazao Posrednik i s kojom ga je Posrednik doveo u vezu, zaključio pravni posao različit od onoga za koji se posredovalo, a kojim se postiže ista svrha kao i posredovanim poslom ili predmet kojeg je pravnog posla nekretnina koja je predmet posredovanja.
The Principal is obliged to pay the Fee also when, with the Third Person, to whom the Mediator has indicated to him and with whom the Mediator has brought him in connection, he has concluded a legal transaction different from the one for which the Mediator is accomplished, which achieves the same purpose as the mediated business or case what legal transaction is the real estate subject to mediation. In the case of concluding a legal transaction different from the one for which the mediation is achieved, which achieves the same purpose as the mediated business or the object of the legal transaction of the real estate which is the subject of mediation, the Principal is obliged to pay the Fee in accordance with the price list of the Intermediary, which is an integral part of these General Terms and Conditions.
The Broker is deemed to have enabled the Client to contact the third party if:
• directly took or instructed the Principal to inspect the real estate in question,
• organized a meeting between the Principal and the Third Contracting Party to negotiate the conclusion of a legal transaction,
• communicated to the Principal the name, telephone number, fax number, e-mail address of the Third-party authorized to enter into a legal transaction or informed him of the exact location of the requested property.
Upon termination of the Agreement, the Mediator shall be entitled to compensation within 12 months of completion of the Agreement and in cases where the Principal concludes with a Third Party a legal transaction which is predominantly a consequence of the Mediator's activity before the termination of the Agreement.
If the Principal withdraws during the conclusion of the mediated transaction (after the Mediator has submitted an acceptable offer to him), he shall pay the Mediator the amount of the contracted Fee.
The Principal undertakes to pay the Agent a Compensation even if the contract for the mediated legal transaction with the Principal concludes, i.e. the purchase price, rent or lease price, is paid by any natural or legal person related either by marriage, extra-marital or family, or membership, or with the bodies management, or in any other way, with a third party, buyer, seller, lessor, lessee, lessor or lessee, brought by the Intermediary to the Principal for the purpose of entering into a purchase contract or for any other intermediary business, whether or not related the person himself participated in the negotiation of the purchase contract or any other mediated transaction.
Anything not expressly provided for in these General Terms and Conditions will be governed by the Law on Real Estate Brokerage, the Law on Obligations, and other legal provisions.
These Terms are effective from 01.01.2020. years.
Any changes or additions that violate these Terms will only be valid if they have been accepted in writing by the mediator.
If the individual Contract with the Principal is different from the provisions of the Terms, then the provisions of the specific contract shall apply.
ALPHA LUXE GROUP d.o.o.
PRICE LIST OD MEDITATION FEES
I BROKERING AND BUYING
The commission is charged as a percentage of the total achieved purchase price. The highest total commission is 6%, and the lowest full commission is 4%.
Real estate brokerage commission (payable by the seller) 2-4%, but not less than HRK 6,000.00.
Real estate brokerage commission (to be paid by the buyer) 2 - 3%, but not less than HRK 6,000.00
When replacing a property, a commission is charged 2-3% on each side of the exchange, and the percentage is calculated from the value of the property each party acquired by exchanging.
V LEASE AND RENT
The commission is charged as a percentage of the rent/rent and is charged by both parties.
RENTING AND LEASING - a commission from landlord and landlord
Percentage of monthly rent
100% For rental or lease term of 12 - 59 months
150% Minimum for rental or lease term of 60 months (5 years) and more
The above fee represents half of the total commission, while the other half of the commission is exclusively payable by the tenant/tenant of the property.
RENTAL AND LEASE - a commission from tenant and tenant
Percentage of monthly rent
100% Minimum to rent
100% Minimum to lease
100% For rental or lease term of 12 - 59 months
150% Minimum for rental or lease term of 60 months (5 years) and more
The above fee represents half of the total commission exclusively payable by the lessor/lessor of the property.
Value-added tax is charged on all fees.
Name: ALPHA LUXE GROUP d.o.o. for services
Headquarters: Poreč, Mate Vlašića 17
Registered at the Commercial Court in Pazin, Registered Capital 20.000,00 kuna, paid in full
IBAN HR27 2340 0091 1110 03017, opened with Privredne banke Zagreb d.d.,
Board members: Robert Budimir, director, represents the Company individually and individually