TERMS OF BUSINESS
In accordance with the provisions of the Real Estate Agency Act (Official Gazette no. 107/07) the real estate agency AZORI Nekretnine
, Azori plus d.o.o. adopted the General Terms of Business set out below.
General Terms of Business shall regulate business relations between the real estate agency AZORI Nekrenine, Azori plus d.o.o. (hereinafter: the Agency) as an agent and a client (natural and legal person).
By entering the Agency Agreement the client confirms to have been introduced to and agrees with the provisions of all terms and conditions of the Agency business operations.
GENERAL TERMS OF BUSINESS
Agency offers shall be based on the information received in writing or delivered verbally, and are conditioned by a confirmation. We reserve the right to a mistake or an error in the property description or price, and the possibility that the property has been previously sold, let or the property owner has cancelled the sale (or rent / lease).
The recipient (client) shall keep Agency offers and notifications confident and shall not communicate them to a third person without Agency’s written approval. In case the client has already received an offer for a real estate offered by the Agency, they shall notify us without delay.
2. Agency obligations
1. Enter the Agency Agreement with a client in writing (standard or exclusive);
2. Attempt to find and put in contact with the client a person to conclude the transaction;
3. Inform the client about the average market price of a similar property;
4. Inform the client of the property disadvantages;
5. Inspect the documents proving the ownership or any other right to the real estate in question and inform the client about obvious disadvantages and potential risks due to unclear land registry status of such real estate;
6. Inform the client of all legal, fiscal and other obligations they have regarding the transaction of the property in question;
7. Perform all necessary actions in order to present the real estate on the market and to advertise the real estate in the manner defined by the Agency;
8. Enable a tour of the property;
9. Safeguard client’s personal information, and, following a client’s written order, keep the information on the property a business secret, as well as all information regarding the property or a business which is the subject of the Agreement;
10. Inform the client of all circumstances significant for the intended business operation which are known to the Agency;
11. Provide agency services in negotiations intending to conclude the takeover of the property which is subject of the transaction;
12. Participate at the conclusion of the property transaction (Preliminary Agreement and Agreement);
It is considered that the Agency has enabled the client to establish the contact with another person (natural or legal) with whom they negotiated a business transaction, particularly if the Agency has:
directly or indirectly taken the client on a tour of the property in question; organized a meeting between the client and another contracting party in order to negotiate the business transaction; provided the client with a name, a phone number, an e-mail address or a fax number of the other party authorised to conclude an agreement or informed them of the exact location of the property in question.
3. Client’s obligations
1. Enter the Agency Agreement with the Agency in writing (standard or exclusive);
2. Notify the Agency of all circumstances important for the agent, provide accurate information regarding the real estate, and, if possible, provide the Agency with the location, building or use permit for the real estate which is the subject of the Agreement and provide the agent with the proof of meeting their obligations towards the third party;
3. Provide the agent with the documents proving the ownership or any other right over the property which is subject to the Agreement and inform the agent about all registered and unregistered burdens on the property;
4. Enable, i.e. ensure the Agency and the third person interested to conclude the transaction a tour of the property;
5. Inform the Agency of all important information regarding the property in question which especially includes the property description and price;
6. Immediately after the conclusion of the business transaction, i.e. the binding Preliminary Agreement, pay the Agency the commission, unless otherwise agreed;
7. Reimburse the Agency’s costs incurred by the provision of agency services which exceed the usual agency costs, including the entry costs for property auctions;
8. Notify the Agency in writing about all the changes related to the business operations for which they authorized the Agency, and especially the changes related to the ownership over the property;
9. The client shall be responsible for the damages, unless proceeding in good faith, resulting from their fraudulent conduct, for withholding information or providing incorrect information relevant to the agent in order to conclude the transaction, and they shall reimburse the Agency all costs incurred during the provision of agency services which do not exceed the agency fee for the transaction in question.
4. Agency’s fee
The Agency shall have the right to a full fee at the moment the business transaction is concluded, i.e. when the Preliminary Agreement or Agreement is entered which requires the client to conclude the transaction. The fee shall be paid to the Agency at the moment two contracting parties sign the Preliminary Agreement or Agreement.
The amount of the Agency fee for agency services while in case of a sale, exchange, lease or rent of the property shall be charged in accordance with the Agency Agreement.
The Agency may negotiate the right to the reimbursement of costs needed for carrying out of orders and, furthermore, the right to seek an advance payment for certain expenses, including the entry costs for the organization of property auctions.
The client shall pay the fee in the case when a transaction, different from the one agreed initially, has been concluded with a third party put in the contact with by the Agency, provided that it is of the same value as the initial transaction and that it accomplishes the same purpose as the transaction that was the subject of the agency service.
The Agency shall be entitled to the fee if the client’s spouse, partner, descendant or parent concludes a transaction with the third party put in the contact with by the Agency.
5. Fee amounts
The percentages set out below are paid as the agency fees and do not include VAT.
Agency’s commission is 2 – 6% of the agreed sale value of the property.
In case the client and the Agency entered an exclusive Agency Agreement, the commission shall be charged according to the amount stipulated and stated in the Agreement.
Agency’s commission is 2 – 6% of the agreed purchasing value of the property.
The client shall be charged the commission if stipulated by the Agreement or if the Agency received by the buyer a written or verbal order for the property requisition, i.e. in case the buyer participates in or purchases the property on a public auction.
In case the Agency has an exclusive Agency Agreement, the commission is charged according to the amount stipulated and stated in the Agreement.
Agency’s commission is 2 – 6% and is charged to the each of the trading parties while the percentage shall be calculated from the value of the property acquired by a party from such trade.
5.4. Rent / lease
In case of a Rent / Lease Agreement (with the stipulated duration of the rent / lease of up to 5 years) 100% of the amount of a monthly rent / lease is charged to lessor. The same amount for the same stipulated time period is charged to the lessee.
In Agreements with the duration period for the rent / lease of more than 5 years, 150% of the amount of monthly rent / lease is charged to the lessor, i.e. the lessee.
The clients who entered an exclusive Agency Agreement with the Agency are charged according to the amount stipulated and stated in the Agreement.
5.5. Agency’s hourly rate
The Agency’s hourly rate including the costs (time spent, drafting and advertising and other costs related to the transaction) shall amount to HRK 250.00.
6. Termination of Agreement
The Agency Agreement shall be concluded for a definite time period and shall terminate after the expiration of the stipulated period, if during that time no agreement has been concluded for which the agency activities have been performed or unless any of the parties initiates the Agreement termination, in which case a contracting party must inform the other party in writing. In case the termination period is not explicitly stipulated in the Agency Agreement, it shall be 7 days after receiving the cancellation. In case the Agency Agreement terminates by a cancellation, the contracting parties are not considered to have any claims towards the other party.
The parties may withdraw from the Real Estate Agency Agreement before the stipulated time period only due to justified reasons. In that case the client shall reimburse the Agency the incurred costs.
If, after the termination of the agreement and within the period no longer than the time period stipulated by the Agency Agreement, the client concludes a business transaction which is mostly the result of the Agency’s work prior to the termination of the Agreement, they shall pay the agency fee in total, unless otherwise agreed in the Agreement.
In case the Agreement terminates due to the expiration of the time period, the client shall reimburse the Agency the costs which have otherwise been stipulated as a separate reimbursement by the client.
In case the client withdraws the property from the sale at the property auction, prior to the auction itself, which they are entitled to, the amount of such withdrawal is equal to the amount of the Agency’s fee for the venders in Article 5.1 hereof.
7. Cooperation with other Agencies
The Agency is open to cooperation with other Real Estate Agencies which follow the basic ethical principles (which exclude the presentation of inaccurate business information with the aim of acquiring jobs and clients, disrespecting other Agencies in any way with the aim of acquiring jobs and clients, unrealistic property estimates with the aim of acquiring agency agreements and the appearance in public media with the aim of personal promotion harming the others).
8. General provisions and court jurisdiction
Any relations between the client and the Agency stemming from this Agency Agreement but not stipulated in these General Terms of Business or the Agency Agreement shall be subject to the provisions of the Real Estate Agency Act and general provisions of the Civil Obligations Act.
Any disputes shall be resolved at the Municipal Court in Zagreb, i.e. the Commercial Court in Zagreb in accordance with the actual authority.
PRICE LIST OF THE COMMISSIONS FOR THE AGENCY SERVICES
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AZORI PLUS d.o.o.