GENERAL BUSINESS TERMS
Weiba adria estate
1. GENERAL PROVISIONS:
The general terms and conditions of business regulate the business relationship between the real estate mediation agency WEIBA ADRIA J.D.O.O., registered and licensed to perform mediation in real estate, (hereinafter referred to as: the Broker) and the principal (natural or legal person) with whom the Broker has concluded a contract on mediation in real estate transactions (hereinafter referred to as: Agreement on mediation). By concluding the Mediation Agreement, the principal confirms that he is familiar with and agrees with the provisions of these business conditions, and that he accepts them in their entirety.
The general conditions are an integral part of the mediation contract concluded between the mediator and the principal.
The general terms and conditions are published in the Mediator's business premises and on the Mediator's website, and enter into force on the day of their publication on the same, and apply to all Principals who concluded the Mediation Agreement with the Mediator after that day.
By entering into an agreement on mediation, the Principal confirms that he agrees to the possibility of the General Conditions being changed by the Intermediary, which will be applied after a period of 30 days from their publication on the Intermediary's website, provided that the Principal does not notify the Intermediary in writing within that period to terminate the Agreement.
Any changes or additions that are contrary to these Terms will be valid only if the Intermediary and the Principal have agreed on them in writing.
Certain terms in terms of the General Terms and Conditions of Business have the following meaning:
Real estate broker - real estate brokerage agency Weiba Adria j.d.o.o., a trading company that meets the requirements for real estate brokerage provided by the Law on Real Estate Brokerage (hereinafter: Broker)
A real estate brokerage agent is a person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker or who cooperates with the Broker on the basis of a business cooperation agreement (hereinafter: Agent).
Principal is a natural and/or legal person who enters into a Mediation Agreement with the Intermediary (seller, buyer, lessee, lessor, lessor, lessee, etc.. hereinafter: Principal)
Brokerage in real estate transactions are all actions of Real Estate Brokers that relate to connecting the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
A third party is a person whom the Real Estate Agent tries to connect with the Principal for the purpose of negotiating the conclusion of legal transactions, the subject of which is a certain real estate, regardless of whether the Broker has also entered into an agreement on mediation with the third party (hereinafter: Third Party).
Intermediary fee is the amount that the Principal is obliged to pay to the Intermediary for mediation services
2. PROPERTY OFFER
The real estate offer of the Intermediary is based on information received in writing and verbally from the owners of real estate offered for sale, rent, lease, exchange, as well as on information received by written or oral order of the Principal. The agency reserves the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up on the sale (or rental). The recipient (principal) must keep the offers and notifications of the agency as a business secret and may only transfer them to third parties with the written approval of the agency. If the recipient of the offer is already familiar with the real estate offered by the agency, he is obliged to inform the agency about it without delay.
3. REAL ESTATE BROKERAGE AGREEMENT
With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and bring in contact with the Principal a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Principal undertakes to pay him a certain intermediary fee if this legal transaction is concluded.
The contract is concluded in writing and for a certain period of time. If the contracting parties do not agree on the term for which they conclude the Agreement, the Agreement is considered to have been concluded for a specific period of 12 months and can be extended several times by agreement of the parties.
The intermediary may, at the insistence of the seller, based on his verbal order, perform the service of advertising the real estate on his website and other advertising channels, before concluding the Agreement. In this case, the seller undertakes to conclude a contract with the intermediary subsequently, that is, when the intermediary brings a third party into contact with the seller for the purpose of negotiating the conclusion of a legal transaction.
4. EXCLUSIVE MEDIATION
With the agreement on exclusive mediation, the Principal undertakes not to engage any other mediator for the mediated work. When concluding the Agreement on exclusive mediation, the Mediator is obliged to specifically warn the Principal about the meaning and legal consequences of this clause. If, during the duration of the Agreement on exclusive mediation, the Principal concluded a legal transaction through another mediator, through the Mediator, and for which the exclusive Mediator was given an order to mediate, he is obliged to pay the exclusive Mediator the agreed mediation fee as well as possible additional real costs incurred during the mediation for the aforementioned mediated business.
A contract on exclusive mediation concluded for a certain period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
5. BROKER'S OBLIGATIONS DURING MEDIATION IN THE PURCHASE, SALE, LEASE AND RENT OF REAL ESTATE
1. conclude the Mediation Agreement with the client in written form
2. to try to find and connect a person with the principal in order to conclude a brokered deal;
3. inform the client of the average market price of similar real estate;
4. warn the principal about the defects of the real estate;
5. inspect the documents proving the ownership or other real right to the real estate in question and warn the principal of: obvious defects and possible risks related to the disorderly state of the real estate in the land register; registered real rights or other rights of third parties on real estate; legal consequences of non-fulfillment of obligations towards a third party; deficiencies in the building or use permit in accordance with a special law; the circumstances of the obligation to apply the right of first refusal and limitations in legal transactions in accordance with special regulations;
6. perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in the manner determined by the agency;
7. enable the inspection of real estate,
8. to keep personal data of the principal, and by written order of the principal to keep as a business secret information about the real estate for which he mediates or in connection with that real estate or with the business for which he mediates;
9. inform the principal about all circumstances significant for the intended work that are known to us;
10. mediate in negotiations and try to conclude the legal deal;
11. to be present at the conclusion of a legal transaction (Preliminary Agreement and Contract);
12. attend the handover of real estate;
13. if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land;
It is considered that the intermediary enabled the client to communicate with another person (natural or legal) about negotiations for concluding a mediated deal, if the client was enabled to get in touch with another person with whom he negotiated for the conclusion of a legal transaction, and especially if he: - directly led or instructed the principal or a third person to view the property in question, - organized a meeting between the principal and another contractual person for the purpose of negotiating a legal deal; - communicated to the principal the name, phone number, fax number, e-mail of another person authorized to conclude a legal transaction or communicated the exact location of the requested real estate.
6. OBLIGATIONS OF THE PRINCIPAL
1. Conclude a Mediation Agreement with the agency, in written form;
2. Inform the mediator about all the circumstances that are important for the performance of the mediation and present accurate information about the real estate and, if in possession, provide the mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the mediator with evidence of fulfillment of obligations under the third side,
3. Provide the mediator with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the mediator of all registered and unregistered encumbrances that exist on the real estate,
4. Provide the mediator and a third person interested in concluding the mediated deal with a viewing of the real estate,
5. Inform the mediator about all essential information about the requested real estate, which especially includes the description of the real estate and the price,
6. After the conclusion of the mediated legal transaction, i.e. the pre-contract by which the intermediary is obliged to conclude the mediated legal transaction, if the mediator and the principal have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the preliminary contract, to pay the mediation fee to the mediator, unless otherwise agreed,
7. If it is expressly agreed to compensate the mediator for expenses incurred during the mediation that exceed the usual mediation costs,
8. Notify the intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to property ownership.
9. The principal will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he withheld or provided incorrect information essential for the work of mediation in order to complete the legal work, and is obliged to compensate all costs incurred during the mediation, which they cannot be higher than the brokerage fee for the mediated job.
7. BROKERAGE FEE
The mediator is entitled to a mediation fee for mediation, which is agreed upon in the Mediation Agreement. The mediator acquires the right to the mediation fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (preliminary contract or sales contract). VAT is charged on the compensation amount. If the party itself offers the mediator a fee higher than the agreed fee, the mediator may receive such fee.
The Principal is obliged to pay the Mediator a mediation fee even in the case when he concluded a legal transaction with a person brought into contact by the Mediator that is different from the one for which mediation was done, if the decision is about the same real estate. The principal is obliged to pay compensation to the Intermediary, even when he has concluded a legal transaction with a Third Party indicated to him by the Intermediary, and with whom the Intermediary brought him into contact, different from the one for which he was mediated, and which legal transaction achieves the same purpose as with mediated legal transaction or the object of which legal transaction is real estate that is the subject of mediation.
It is considered that the Intermediary enabled the Principal to enter into a relationship with a third party if:
directly took or directed the Principal to view the property in question,
organized a meeting between the Principal and the Third Party for the purpose of negotiating for the conclusion of a legal transaction, communicated to the Principal the name, telephone number, fax number, email address of the Third Party authorized to conclude the legal transaction, or communicated the exact location of the requested real estate. The Principal undertakes to pay the Intermediary the Compensation, and in the event that a contract for mediated legal work is concluded with the Principal, i.e. the purchase price, rent or lease price, it is paid by any natural or legal person who is related either by marriage, cohabitation or by family, either as a member or with bodies management or in any other way with a third person, buyer, seller, lessor, tenant, lessor or lessee, which the Intermediary brought into contact with the Principal for the purpose of concluding a sales contract or for any other mediated business, regardless of whether it is related the person himself participated in negotiations regarding the conclusion of a sales contract or any other mediated business.
In the event that the concluded legal transaction also includes the conclusion of a pre-contract by which the Principal and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation and by which the pre-contract agreed the payment of the down payment and/or part of the agreed purchase price before the conclusion of the main purchase contract, The principal undertakes to pay the mediation fee to the mediator in two equal parts, the first of which is due on the date of payment of the down payment and/or the first part of the agreed purchase price, and the second upon payment of the remaining part resulting from the obligation from the main contract.
The withdrawal of the Principal or the Third Person with whom the Principal concluded a pre-contract in connection with the real estate that is the subject of mediation, as well as the withdrawal of the Principal or the person with whom the Principal concluded the Agreement in connection with the real estate that is the subject of mediation, from fulfilling the concluded contract do not affect the obligation of the Principal to Pay the mediator the mediation fee in the amount and in the manner determined by the provision on the amount of fees and the concluded mediation agreement.
8. AMOUNTS OF FEE
Shopping
The Principal for whom the Intermediary mediated the purchase of real estate is obliged to pay the Intermediary an intermediary fee in the amount of 3% of the agreed amount of the purchase price of the real estate, but not less than €1,000.00, all increased by VAT, unless the Principal and Intermediary agree on a different amount fees in writing.
Sale
The principal for whom the Realtor mediated the sale of real estate is obliged to pay the Realtor a brokerage fee in the amount of 3% of the agreed amount of the purchase price of the real estate, but not less than €1,000.00, plus VAT, unless the Principal and the Realtor agree on a different amount fees in writing.
Replacement
In the case of a contract on the exchange of real estate, the contracting party for whom the Mediator mediated is obliged to pay the Mediator a mediation fee in the amount of 3% plus VAT of the value of the real estate that the contracting party acquired through the exchange, but not less than €1,000.00,+ VAT, except unless otherwise agreed in writing with the Mediator. With the Exchange Agreement, the brokerage fee is charged from each contracting party, and for each party, the brokerage fee is calculated according to the value of the real estate acquired by that party through the exchange.
Additional costs
The agreed mediation fee does not include:
• Solving property legal relations on the property that is the subject of mediation
• Regulating the land registry status of the real estate that is the subject of mediation
• All additional services that the Client orders from the Intermediary and which are listed in the Intermediary's Price List under the heading "Additional Services".
The Intermediary's price list forms an integral part of the General Terms and Conditions and is published in the Intermediary's business premises. For contracted services, the price list that was in force at the time of their contracting applies.
9. TERMINATION OF CONTRACT
The contract on mediation is concluded for a period of 12 months and ends at the end of the period for which it was concluded, unless the contract for which it was mediated was not concluded within that period or by the termination of one of the contracting parties. The contract can be extended by agreement for the next 12 months.
The client will recognize the mediation even after the contract expires if the contact with the third party was made during the duration of the contract. After the termination of the Mediation Agreement, the Principal is obliged to compensate the Intermediary for the costs incurred, which were expressly agreed to be paid separately by the Principal. The termination of the mediation contract must be delivered to the other contracting party in writing.
If, within 2 years after the termination of the contract, the principal enters into a legal transaction with the person with whom he was connected by the intermediary, and for whom the intermediary mediated during the validity of the contract, he is obliged to pay the intermediary fee to the intermediary, unless otherwise agreed in the Agreement.
10. COOPERATION WITH OTHER AGENCIES
The broker is ready to cooperate with other real estate brokerage agencies that respect the basic ethical principles of business.
11. SUBMISSION OF COMPLAINTS AND RESOLUTION OF DISPUTES
The provisions of the Act on Real Estate Brokerage and the Obligatory Relations Act apply to the relations between the client and the agency resulting from the brokerage contract, which are not determined by these General Terms and Conditions or the brokerage contract.
The municipal court in Pula is competent for possible disputes
The principal has the right to submit a complaint regarding the provision of services and a complaint due to the violation of the provisions of the mediation contract. The Principal can submit the objection in writing at the office of the agency at the address Istarska ulica 60, 52215 Vodnjan or by email at info@weiba-adria.com. The mediator will respond to the complaint in writing within 15 days from the day of receipt of the complaint. In the complaint, it is necessary to state the personal data of the applicant.