GENERAL TERMS AND CONDITIONS OF THE REAL ESTATE AGENT
I. Meaning of the terms in the General Terms and Conditions
Certain terms in the General Terms and Conditions have the following meanings:
The real estate agent is Virtus upravljanje d.o.o. Rijeka, Personal identification number (OIB): 46096970345, Brajda 10, Rijeka, a company that meets the requirements for the performance of real estate brokerage activities set out in the Real Estate Brokerage Act (hereinafter: Agent).
A real estate broker is a natural person who is registered in the Directory of Real Estate Brokerage Agents and is either employed by the Agent or cooperates with the Agent on the basis of a separate contract (hereinafter: Broker).
Real estate brokerage are the actions of real estate brokers concerning the connection of the principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of a certain property (for example, in the case of purchase, sale, exchange, lease, tenancy, etc.) (hereinafter: Brokerage).
The Principal is a natural or legal person who (in their capacity as seller, buyer, lessor, lessee, etc.) concludes a written brokerage agreement with the Real Estate Agent.
A brokerage agreement is an agreement that, in accordance with the Law, regulates the obligations and rights of the principal and the agent in order to conclude a certain legal transaction on the transfer or establishment of a certain right in terms of the real estate (hereinafter: Agreement).
A third party is a person whom the real estate broker seeks to connect with the principal for the purpose of negotiation and in order to conclude a legal transaction from the brokerage agreement (hereinafter: Third party).
The Real Estate Brokerage Act is the basic legislative framework governing the conditions for the performance of real estate brokerage activities, the method of concluding and the content of the brokerage agreement, the general terms and conditions, the rights and obligations of brokers, agents and principals and other matters related to the activity in question (hereinafter: Law).
II General Provisions
The General Terms and Conditions of the real estate agent (hereinafter: General Terms and Conditions) regulate the relationship between the Agent and the Principal who conclude the Brokerage Agreement and represent an integral part of that Agreement.
III Real Estate Offer
The Agent's offer is based on the information received in writing and/or or orally from the Principal as the owner of the property (or a person authorized by him to do so) offered for sale, lease, tenancy or exchange and contains a description and price of the property or the establishment of a certain right in relation to the property.
The Agent is not responsible for the truthfulness and accuracy of the data received from the Principal.
IV Real Estate Brokerage Agreement
Real Estate Brokerage Agreement (hereinafter: The Agreement), concluded by the Agent and the Principal, the Agent undertakes to endeavour to find and connect with the Principal a third party for the purpose of negotiating and preparing with the aim of concluding a certain legal transaction on the transfer or establishment of a certain right to the real estate and/or in relation to the real estate, and the Principal undertakes to pay them a certain brokerage fee after fulfilling the agreed conditions (hereinafter: Fee)
The agreement is concluded in writing and for a fixed period of time. If the Contracting Parties do not set the term for which they conclude the Agreement, it shall be deemed concluded for a period of 12 months from the date of conclusion and may be extended several times by agreement of the Contracting Parties.
The Agent may transfer this Agreement to other agents and upon invitation of the Principal the Agent is obliged to hand over a list of such intermediaries, whereby the Principal remains in a contractual relationship only with the Agent with whom they have concluded the Agreement.
The Brokerage Agreement shall terminate upon the expiry of the term for which it was concluded if no legal transaction related to the brokerage has been concluded within that period or by the termination of any of the Contracting Parties, which termination must be sent to the opposite party in writing to the address specified in the Agreement or to the official e-mail address of the Agent.
Termination of the Agreement shall not be contrary to the principle of good faith and may not occur at an unreasonable time or with the intention of depriving the Agent of the right to the Fee, in which case the Agent shall be entitled to double the amount of the Fee.
In the event of termination of the Agreement, the Principal shall be obliged to reimburse the Agent for the costs for which it was expressly agreed that the Principal shall pay them separately.
If, within 12 months after the termination of the Agreement, the Principal or his/her spouse, close blood relative or in-laws, or a company, institution or other legal entity that the Principal or any of the aforementioned persons is the founder or legal representative, or with which he/she has concluded an employment contract or a work contract, enters into a legal transaction that is the result of the Agent's actions before the termination of the Brokerage Agreement, he/she shall pay the Agent a double amount of the Fee.
V. Exclusive brokerage
By the exclusive brokerage agreement, the Principal undertakes not to engage any other agent for the brokerage transaction.
If, for the duration of the Exclusive Brokerage Agreement, the Principal has concluded a legal transaction with another agent, for which the exclusive agent was given an exclusive brokerage order, the Principal shall pay the exclusive agent the agreed fee as well as possible additional actual costs incurred during the brokerage for the said brokerage transaction.
When concluding an exclusive brokerage agreement, the Agent is obliged to specifically warn the Principal of the meaning and legal consequences of the contractual clause referred to in the previous paragraph.
Other provisions referred to in point IV also apply to the Exclusive Brokerage Agreement.
VI Obligations of the Agent
When providing brokerage services, the Agent is obliged to act with due skill, care and diligence and in particular:
endeavor to find and connect with the Principal a person for the purpose of concluding a brokerage transaction,
familiarize the Principal with the average market price of a similar property,
obtain and inspect documents proving ownership or other right in rem in relation to the property in question, as well as inspect the property and legal documentation presented by the Principal,
warn the principal in case of obvious defects, rights of third parties or other risks related to the land registry status of the property,
perform the necessary actions in order to present the real estate on the market, advertise the real estate in an appropriate manner and perform all other actions agreed on by the real estate brokerage agreement that exceed the usual presentation, and for which they are entitled to special, predefined costs,
enable the inspection of real estate,
mediate the negotiations and endeavour to conclude the agreement, if specifically committed to do so,
keep personal data of the Principal and, by written order of the Principal, keep confidential information about the real estate for which they provide brokerage services or in relation to that real estate or the business for which they provide brokerage services,
if the subject of the agreement is land, check the purpose of the land in question in accordance with the regulations on physical planning relating to that land,
inform the Principal of any circumstances relevant to the intended work that are known to them or must be known to them,
acquaint the Principal with the provisions of the Prevention of Money Laundering and Terrorist Financing Act (OG 87/08),
in cooperation with an attorney, prepare draft contracts for the legal transaction of the brokerage services.
VII Obligations of the Principal
By concluding the Brokerage Agreement with the Agent, the Principal assumes the following obligations:
inform the Agent of all circumstances that are important for the performance of brokerage and the conclusion of the agreement,
present to the Agent all documents for the real estate that is the subject of the brokerage agreement, which are necessary for the performance of brokerage activities and the conclusion of the brokerage agreement (their identity card, excerpt from the land register, possession certificate, identification of the real estate, location, construction or use
permit, as-built decision, energy certificate, evidence of fulfillment of obligations towards the Third Party),
provide the Agent with accurate information about the property,
give the Agent the documents that prove their ownership of the real estate, or another real right on the real estate that is the subject of the agreement, and warn the Agent about all registered and unregistered encumbrances that exist on the real estate,
provide the Agent and the third party interested in concluding the brokerage business with a tour of the property,
inform the Agent of all relevant information about the requested property, which includes in particular the description of the property and the price,
after the conclusion of a pre-contract for the legal transaction of brokerage or, if it is not concluded, after the conclusion of the main agreement for that transaction, pay the Agent the Remuneration,
reimburse the Agent for the costs incurred during the brokerage in excess of the usual costs of brokerage, if so agreed,
notify the Agent in writing of any changes related to the transaction for which they have authorized the Agent, and in particular of changes related to the ownership of the real estate, or inform the Agent if they otherwise enter into a legal transaction of brokerage or withdraw from the conclusion of such a transaction.
The Agent is not obliged to enter into negotiations for the conclusion of a transaction of brokerage with a Third Party found by the Agent, nor to enter into a legal transaction. The Principal shall be liable to the Agent for damages, if they have not acted in good faith and are obliged to reimburse all costs incurred during the brokerage, which may not be less than 1/3 nor greater than the agreed fee.
The Principal shall be liable for damages if they acted fraudulently, if they failed or gave incorrect information relevant to the brokerage activities in order to complete the brokerage work.
VIII. Agent’s fee
The Agent is entitled to brokerage fee (hereinafter: Fee) in the amount determined by the brokerage agreement to which they are entitled immediately after the conclusion of the first legal act (pre-contract or main contract) that the Principal concludes with the interested Third Party that the Agent has brought as a contact.
The fee is subject to 25% VAT.
The agreed brokerage fee includes the execution of all actions of the Agent specified in item VI of the General Terms and Conditions.
The Agent may contract the right to reimbursement of the actual costs necessary for the execution of the order and request advance payment for certain expenses.
If the party itself offers the Agent a fee or reward higher than the agreed one, the Agent may receive such a reward, but provided that it is not in an obvious disproportion to their services, with the outcome of their work and the financial status of the party.
If, through no fault of the Principal, after the conclusion of the pre-contract, the Principal fails to conclude the main contract, the Principal undertakes to pay to the Agent a fixed brokerage fee for the purchase and sale in the amount of EUR 1,000.00, plus the relevant VAT.
The withdrawal of the Principal from fulfilling the obligations assumed by the pre-contract or other legal transaction that is the subject of brokerage does not affect the obligation of the Principal to pay the brokerage fee to the Agent in the amount and in the manner determined by this Article and the concluded brokerage contract.
The Agent shall be deemed to have enabled the Principal to contact the Third Party if they directly brought or directed the Principal to the Third Party for a tour of the subject property, organized a meeting between the Principal and the Third Party for the purpose of negotiation, communicated to the Principal the name and surname, i.e. company, telephone number, e-mail address, etc., of the Third Party or gave the information about the Principal to the Third Party or communicated to the Third Party the exact location of the requested property.
IX Amount of brokerage fee
For the conclusion of the legal transaction of purchase and sale, the brokerage fee is charged in the agreed percentage of the total amount of the purchase price achieved, and in the case of real estate replacement in the agreed percentage of the value of the property acquired by replacement, all in the range of 2-4%, and for real estate whose value is less than or equal to EUR 35,000.00 is fixed at EUR 1,000.00, all in HRK equivalent according to the middle exchange rate of HNB on the day of payment, all increased by the corresponding VAT.
For the conclusion of a legal lease or tenancy, the brokerage fee is charged in the amount of one month's lease or tenancy plus the relevant VAT.
The fee can be collected from both the seller and the buyer, i.e. from both the lessor/lessor and the lessee/lessee if a Brokerage Agreement has been concluded with them.
X. Final provisions
The Real Estate Brokerage Act, the Civil Obligations Act and other legal regulations shall apply to everything that is not explicitly set forth in these General Terms and Conditions.
The General Terms and Conditions shall take effect from 8 September 2022.
I. Meaning of the terms in the General Terms and Conditions
Certain terms in the General Terms and Conditions have the following meanings:
The real estate agent is Virtus upravljanje d.o.o. Rijeka, Personal identification number (OIB): 46096970345, Brajda 10, Rijeka, a company that meets the requirements for the performance of real estate brokerage activities set out in the Real Estate Brokerage Act (hereinafter: Agent).
A real estate broker is a natural person who is registered in the Directory of Real Estate Brokerage Agents and is either employed by the Agent or cooperates with the Agent on the basis of a separate contract (hereinafter: Broker).
Real estate brokerage are the actions of real estate brokers concerning the connection of the principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of a certain property (for example, in the case of purchase, sale, exchange, lease, tenancy, etc.) (hereinafter: Brokerage).
The Principal is a natural or legal person who (in their capacity as seller, buyer, lessor, lessee, etc.) concludes a written brokerage agreement with the Real Estate Agent.
A brokerage agreement is an agreement that, in accordance with the Law, regulates the obligations and rights of the principal and the agent in order to conclude a certain legal transaction on the transfer or establishment of a certain right in terms of the real estate (hereinafter: Agreement).
A third party is a person whom the real estate broker seeks to connect with the principal for the purpose of negotiation and in order to conclude a legal transaction from the brokerage agreement (hereinafter: Third party).
The Real Estate Brokerage Act is the basic legislative framework governing the conditions for the performance of real estate brokerage activities, the method of concluding and the content of the brokerage agreement, the general terms and conditions, the rights and obligations of brokers, agents and principals and other matters related to the activity in question (hereinafter: Law).
II General Provisions
The General Terms and Conditions of the real estate agent (hereinafter: General Terms and Conditions) regulate the relationship between the Agent and the Principal who conclude the Brokerage Agreement and represent an integral part of that Agreement.
III Real Estate Offer
The Agent's offer is based on the information received in writing and/or or orally from the Principal as the owner of the property (or a person authorized by him to do so) offered for sale, lease, tenancy or exchange and contains a description and price of the property or the establishment of a certain right in relation to the property.
The Agent is not responsible for the truthfulness and accuracy of the data received from the Principal.
IV Real Estate Brokerage Agreement
Real Estate Brokerage Agreement (hereinafter: The Agreement), concluded by the Agent and the Principal, the Agent undertakes to endeavour to find and connect with the Principal a third party for the purpose of negotiating and preparing with the aim of concluding a certain legal transaction on the transfer or establishment of a certain right to the real estate and/or in relation to the real estate, and the Principal undertakes to pay them a certain brokerage fee after fulfilling the agreed conditions (hereinafter: Fee)
The agreement is concluded in writing and for a fixed period of time. If the Contracting Parties do not set the term for which they conclude the Agreement, it shall be deemed concluded for a period of 12 months from the date of conclusion and may be extended several times by agreement of the Contracting Parties.
The Agent may transfer this Agreement to other agents and upon invitation of the Principal the Agent is obliged to hand over a list of such intermediaries, whereby the Principal remains in a contractual relationship only with the Agent with whom they have concluded the Agreement.
The Brokerage Agreement shall terminate upon the expiry of the term for which it was concluded if no legal transaction related to the brokerage has been concluded within that period or by the termination of any of the Contracting Parties, which termination must be sent to the opposite party in writing to the address specified in the Agreement or to the official e-mail address of the Agent.
Termination of the Agreement shall not be contrary to the principle of good faith and may not occur at an unreasonable time or with the intention of depriving the Agent of the right to the Fee, in which case the Agent shall be entitled to double the amount of the Fee.
In the event of termination of the Agreement, the Principal shall be obliged to reimburse the Agent for the costs for which it was expressly agreed that the Principal shall pay them separately.
If, within 12 months after the termination of the Agreement, the Principal or his/her spouse, close blood relative or in-laws, or a company, institution or other legal entity that the Principal or any of the aforementioned persons is the founder or legal representative, or with which he/she has concluded an employment contract or a work contract, enters into a legal transaction that is the result of the Agent's actions before the termination of the Brokerage Agreement, he/she shall pay the Agent a double amount of the Fee.
V. Exclusive brokerage
By the exclusive brokerage agreement, the Principal undertakes not to engage any other agent for the brokerage transaction.
If, for the duration of the Exclusive Brokerage Agreement, the Principal has concluded a legal transaction with another agent, for which the exclusive agent was given an exclusive brokerage order, the Principal shall pay the exclusive agent the agreed fee as well as possible additional actual costs incurred during the brokerage for the said brokerage transaction.
When concluding an exclusive brokerage agreement, the Agent is obliged to specifically warn the Principal of the meaning and legal consequences of the contractual clause referred to in the previous paragraph.
Other provisions referred to in point IV also apply to the Exclusive Brokerage Agreement.
VI Obligations of the Agent
When providing brokerage services, the Agent is obliged to act with due skill, care and diligence and in particular:
endeavor to find and connect with the Principal a person for the purpose of concluding a brokerage transaction,
familiarize the Principal with the average market price of a similar property,
obtain and inspect documents proving ownership or other right in rem in relation to the property in question, as well as inspect the property and legal documentation presented by the Principal,
warn the principal in case of obvious defects, rights of third parties or other risks related to the land registry status of the property,
perform the necessary actions in order to present the real estate on the market, advertise the real estate in an appropriate manner and perform all other actions agreed on by the real estate brokerage agreement that exceed the usual presentation, and for which they are entitled to special, predefined costs,
enable the inspection of real estate,
mediate the negotiations and endeavour to conclude the agreement, if specifically committed to do so,
keep personal data of the Principal and, by written order of the Principal, keep confidential information about the real estate for which they provide brokerage services or in relation to that real estate or the business for which they provide brokerage services,
if the subject of the agreement is land, check the purpose of the land in question in accordance with the regulations on physical planning relating to that land,
inform the Principal of any circumstances relevant to the intended work that are known to them or must be known to them,
acquaint the Principal with the provisions of the Prevention of Money Laundering and Terrorist Financing Act (OG 87/08),
in cooperation with an attorney, prepare draft contracts for the legal transaction of the brokerage services.
VII Obligations of the Principal
By concluding the Brokerage Agreement with the Agent, the Principal assumes the following obligations:
inform the Agent of all circumstances that are important for the performance of brokerage and the conclusion of the agreement,
present to the Agent all documents for the real estate that is the subject of the brokerage agreement, which are necessary for the performance of brokerage activities and the conclusion of the brokerage agreement (their identity card, excerpt from the land register, possession certificate, identification of the real estate, location, construction or use
permit, as-built decision, energy certificate, evidence of fulfillment of obligations towards the Third Party),
provide the Agent with accurate information about the property,
give the Agent the documents that prove their ownership of the real estate, or another real right on the real estate that is the subject of the agreement, and warn the Agent about all registered and unregistered encumbrances that exist on the real estate,
provide the Agent and the third party interested in concluding the brokerage business with a tour of the property,
inform the Agent of all relevant information about the requested property, which includes in particular the description of the property and the price,
after the conclusion of a pre-contract for the legal transaction of brokerage or, if it is not concluded, after the conclusion of the main agreement for that transaction, pay the Agent the Remuneration,
reimburse the Agent for the costs incurred during the brokerage in excess of the usual costs of brokerage, if so agreed,
notify the Agent in writing of any changes related to the transaction for which they have authorized the Agent, and in particular of changes related to the ownership of the real estate, or inform the Agent if they otherwise enter into a legal transaction of brokerage or withdraw from the conclusion of such a transaction.
The Agent is not obliged to enter into negotiations for the conclusion of a transaction of brokerage with a Third Party found by the Agent, nor to enter into a legal transaction. The Principal shall be liable to the Agent for damages, if they have not acted in good faith and are obliged to reimburse all costs incurred during the brokerage, which may not be less than 1/3 nor greater than the agreed fee.
The Principal shall be liable for damages if they acted fraudulently, if they failed or gave incorrect information relevant to the brokerage activities in order to complete the brokerage work.
VIII. Agent’s fee
The Agent is entitled to brokerage fee (hereinafter: Fee) in the amount determined by the brokerage agreement to which they are entitled immediately after the conclusion of the first legal act (pre-contract or main contract) that the Principal concludes with the interested Third Party that the Agent has brought as a contact.
The fee is subject to 25% VAT.
The agreed brokerage fee includes the execution of all actions of the Agent specified in item VI of the General Terms and Conditions.
The Agent may contract the right to reimbursement of the actual costs necessary for the execution of the order and request advance payment for certain expenses.
If the party itself offers the Agent a fee or reward higher than the agreed one, the Agent may receive such a reward, but provided that it is not in an obvious disproportion to their services, with the outcome of their work and the financial status of the party.
If, through no fault of the Principal, after the conclusion of the pre-contract, the Principal fails to conclude the main contract, the Principal undertakes to pay to the Agent a fixed brokerage fee for the purchase and sale in the amount of EUR 1,000.00, plus the relevant VAT.
The withdrawal of the Principal from fulfilling the obligations assumed by the pre-contract or other legal transaction that is the subject of brokerage does not affect the obligation of the Principal to pay the brokerage fee to the Agent in the amount and in the manner determined by this Article and the concluded brokerage contract.
The Agent shall be deemed to have enabled the Principal to contact the Third Party if they directly brought or directed the Principal to the Third Party for a tour of the subject property, organized a meeting between the Principal and the Third Party for the purpose of negotiation, communicated to the Principal the name and surname, i.e. company, telephone number, e-mail address, etc., of the Third Party or gave the information about the Principal to the Third Party or communicated to the Third Party the exact location of the requested property.
IX Amount of brokerage fee
For the conclusion of the legal transaction of purchase and sale, the brokerage fee is charged in the agreed percentage of the total amount of the purchase price achieved, and in the case of real estate replacement in the agreed percentage of the value of the property acquired by replacement, all in the range of 2-4%, and for real estate whose value is less than or equal to EUR 35,000.00 is fixed at EUR 1,000.00, all in HRK equivalent according to the middle exchange rate of HNB on the day of payment, all increased by the corresponding VAT.
For the conclusion of a legal lease or tenancy, the brokerage fee is charged in the amount of one month's lease or tenancy plus the relevant VAT.
The fee can be collected from both the seller and the buyer, i.e. from both the lessor/lessor and the lessee/lessee if a Brokerage Agreement has been concluded with them.
X. Final provisions
The Real Estate Brokerage Act, the Civil Obligations Act and other legal regulations shall apply to everything that is not explicitly set forth in these General Terms and Conditions.
The General Terms and Conditions shall take effect from 8 September 2022.
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