TERMS OF BUSINESS
Real estate agency AZORI Nekretnine, Azori plus d.o.o. according to the Croatian Real Estate Brokerage Act (Official Gazette no. 107/07) adopted the General Terms and Conditions set out below.General Terms and Conditions defines business relations between the real estate agency AZORI Nekrenine, Azori plus d.o.o. (hereinafter the Agency) and the Principal (natural and legal person).
By entering the real estate brokerage agreement, the Principal confirms that he/she is aware of and agrees with the provision of all terms and conditions of the Agency.
GENERAL TERMS AND CONDITIONS
1. Offers
Agency offers are based on the information received in writing or in verbal delivery and are conditioned by a confirmation. We reserve the right to possibility of mistake or 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 Principal is obligated to keep Agency offers and notifications confident and does not communicate them to a third party without Agency’s written approval. In case the Principal is already familiarized with one of the real estates offered by the Agency, he/she is obligated to notify Agency without delay.
2. Agency obligations
1. Conclude the brokerage agreement with the Principal in writing (standard or exclusive);
2. Seek to find and connect the person with the Principal to conclude the brokerage deal;
3. Inform the Principal about the average market price of a similar property;
4. Inform the Principal about the property disadvantages;
5. Inspect the legal documentation proving the ownership or any other real rights over the subject property and inform the Principal about obvious disadvantages and potential risks due to unclear land register status of property;
6. Inform the Principal of all legal, fiscal and other obligations he/she have regarding the legal deal referred to the property;
7. Perform all necessary actions in order to present the property on the market and to advertise the property in appropriate manner defined by the Agency;
8. Enable a tour of the property;
9. Keep Principal’s personal data confidential, and on a Principal’s written request keep confidential the information on the property and brokerage deal regarding the property;
10. Inform the Principal of all circumstances significant for the intended brokerage deal which are known to the Agency;
11. Provide agency services in negotiations intending to conclude the legal sale-purchase of the property;
12. Participate at the conclusion of the property legal sale-purchase (Pre-agreement and Agreement);
It is considered that the Agency has enabled the Principal to get into contact with another party (natural or legal) with whom he/she has negotiated a legal deal, particularly if the Agency has:
directly taken the Principal on a tour of the subject property; organized a meeting between the Principal and another contracting party in order to negotiate the legal deal; provided the Principal with a name, a phone number, an e-mail address or a fax number of other party authorised to conclude the legal deal or informed them of the exact location of wanted property.
3. Principal’s obligations
1. Conclude a brokerage agreement with the Agency in writing (standard or exclusive);
2. Notify the Agency of all circumstances important for the brokerage, provide accurate information regarding the property, and if possible, provide the Agency with the location, building or usage permit for the property which is the subject of the agreement and provide the Agency with the proof of meeting the obligations towards the third party;
3. Provide the Agency with the legal documentation proving their property ownership or any other right over the property which is subject of the agreement and inform the Agency about all registered and unregistered liens or mortgages on the property;
4. Enable, i.e. ensure the Agency and the third party a tour of the property interested to conclude the brokerage deal;
5. Inform the Agency of all important information regarding the wanted property especially including the property description and price;
6. Immediately after the conclusion of the brokerage legal deal, i.e. the pre-agreement by which the Principal is obligated to conclude the legal business deal, he/she is obligated to pay the Agency the fee, unless otherwise agreed;
7. Reimburse the Agency’s costs during the brokerage, which are more than usual brokerage costs, including the entry costs for property auctions;
8. Notify the Agency in writing about all the changes related to the brokerage deal for which they authorized the Agency, and especially the changes related to the ownership over the property;
9. The Principal will be responsible for the damages, if he/she didn’t proceed in good faith, i.e. if he/she done a fraudulent conduct and if he/she withhold or provided incorrect information relevant to the brokerage in order to conclude the legal deal and he/she is obligated to reimburse all costs of Agency done during the brokerage which are not higher than brokerage fee for brokerage deal.
4. Brokerage fee
The Agency have the right to a full brokerage fee at the moment of the conclusion of brokerage deal, i.e., at the moment of signing the pre-agreement or agreement by which the Principal was obligated to conclude the brokerage legal deal. The fee is paid to the Agency at the point of signing the pre-agreement or agreement of two contracting parties.
The amount of the brokerage fee for the property sale, exchange, lease, or rent is charged in accordance with the brokerage agreement.
The Agency may negotiate the right to the reimbursement of costs needed for carrying out of order and, request the right to seek an advance payment for certain expenses, including the entry costs for the organization of property auctions.
The Principal is also obligated to pay the fee in the case when the Agency connects he/she with the third party to conclude the legal deal which is different from the initial one that has been concluded, which is of the same value as a legal deal i.e. by which accomplishes the same purpose as the brokerage deal that was the subject of the agency service.
The Agency have right to fee if the principal’s spouse/husband, partner, descendant, or parent concludes brokerage legal deal with the third party who was connected to the Principal by the Agency.
5. Fee amounts
The percentages set out below are paid as the brokerage fee and do not include VAT.
5.1. Sale
Brokerage fee is 0,5 – 6 % of the agreed sale-purchase value of the property and it is increased by VAT. The minimum brokerage fee is €1,300.00 + VAT.
5.2. Purchase
Brokerage fee is 0,5 – 6% of the agreed sale-purchase value of the property and it is increased by VAT. The minimum brokerage fee is €1,300.00 + VAT.
Brokerage fee is charged from the buyer if it is stipulated by the agreement or if the Agency has received a written or verbal order from the buyer for the property requisition, i.e., in case the buyer participates in or purchases the property on a public auction.
5.3. Trade
Brokerage fee is 0,5 – 6% and is charged from each of the trading parties while the percentage is calculated from the value of the property acquired by each trading party increased by VAT. The minimum brokerage fee is €1,300.00 + VAT.
5.4. Rent / lease
In case of a rent/lease agreement (with the stipulated duration of the rent/lease of up to 5 years) the lessor is charged by 100% of the amount of a monthly rent/lease. The same amount for the same stipulated time is charged to the lessee.
In agreements with the duration period for the rent/lease of more than 5 years, the lessor, i.e. the lessee is charged by 150% of the amount of monthly rent/lease.
The Principal with who we have an exclusive brokerage agreement we charge according to the amount stipulated and stated in the agreement.
5.5. Brokerage hourly rate and costs
Brokerage hourly rate (including the costs of time spent, drafting and advertising and other costs related to the brokerage deal) is €45,00 + VAT.
If the Principal cancels the sale during the duration of the brokerage Agreement, he/she is obligated to compensate the Agency a minimum fee of €500.00 + VAT.
If the property owners or the buyer cancels the sale at the point of giving the order the pre-agreement and/or sale-purchase agreement to be drawn up, and when the pre-agreement and/or the sale-purchase agreement has already been drawn up, they are obligated to compensate the Agency a fee of €1,000.00 + VAT. The minimum fee is paid by the party who at that point gave up the purchase or sale.
The Principal has the obligation to compensate all real incurred costs he requests in writing or via e-mail from the Agency and which are not included in the description of the brokerage. The principal is obliged to compensate all real incurred costs of the Agency, if the Agency sells the property, and if the principal cancels the sale or sells the property himself.
The Agency reserves the right to divide brokerage fee jointly and severally between the buyer and the seller.
6. Termination of Agreement
Brokerage agreement is concluded for fixed-time period and ends at the end of that period. If the purchase agreement has not been concluded within that period, the contracting party (Principal) undertakes to notify the Agency in writing of the termination of brokerage agreement, and he/she is obligated to reimburse the costs in accordance with the Agency's price list, unless otherwise agreed in the brokerage agreement.
If the termination period is not explicitly stipulated in the brokerage agreement, the cancellation period is 7 days counting from the day of receiving the cancellation. In case the brokerage 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 brokerage agreement before the stipulated time only due to justified reasons. In that case the principal is obligated to reimburse the Agency the incurred costs.
If, after the termination of the agreement and within the period no longer than the time 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.
Agency has right to agreed brokerage fee in full in case of the Principal concludes a pre-agreement, i.e. a sale-purchase agreement or a rent-lease agreement with the buyer, lessee/lesser connected by Agency, all on the condition that the brokerage agreement has not expired. Valid Agency price list is applied for all other provisions (provisions after the expiry of the brokerage agreement or the cancellation of the brokerage agreement).
Brokerage is also considered to have taken place in the case when the sale-purchase is concluded by a pre-agreement or agreement with family members of the potential buyer who is brought into contact with the principal by Agency, or with a company owned by potential buyer, i.e. even in the case when the trading company is owned by family members of potential buyer or when the potential buyer has influence in the same trading company through the function he performs.
Contracting parties agree that the Principal is obliged to pay the Agency the brokerage fee in full in the case when, after the expiration or termination of this agreement, within the next 12 months, he/she concludes a pre-agreement or sale-purchase agreement with a person or persons with whom he was brought into contact through the Agency, or if this the legal deal is in any way a consequence of the Agency's actions before the termination of the brokerage agreement. Provisions of the brokerage agreement also apply on termination of the exclusive brokerage agreement, unless otherwise agreed in that agreement.
All provisions regarding the payment of the agency fee to the Intermediary are applied according to the valid price list.
In case the Agreement terminates due to the expiration of the time, the Principal is obligated to reimburse the costs to the Agency which normally have been specifically stipulated as an extra reimbursement by the Principal.
In case the Principal withdraws the property from the sale at the property auction, prior to the auction itself which they have right to, the amount of such withdrawal is equal to the amount of the brokerage fee for the sellers in Article 5.1 hereof.
7. Cooperation with other agencies
The Agency is open for 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 estimations with the aim of acquiring brokerage agreements and the appearance in public media with the aim of personal promotion harming the others).
8. General statements and dispute settlements
Relations between the principal and the Agency arising from this brokerage agreement which are not stipulated by these General Terms and Conditions, nor the brokerage agreement will be subject to the provisions of the Croatian Real Estate Brokerage Act and general statements of the Civil Obligations Act.
Any disputes will be settled by the Municipal Civil 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 - download pdf
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