Geschäftsbedingungen

GENERAL TERMS AND CONDITIONS OF BUSINESS OF
REAL ESTATE AGENCY
ROZGA d.o.o.(Ekspert Nekretnine), Šegedinova 1, Split

GENERAL PROVISIONS
Article 1
General terms and conditions of business of real estate agent (hereinafter referred to as General Terms) regulate business relation between real estate agency (hereinafter referred to as Agency Services Provider) and physical or legal person (hereinafter referred to as Principal) that enters into Agency Services Contract with the Agency Services Provider. General Terms are an integral part of Agency Services Contract concluded between Agent and Principal.

Article 2
Certain terms and names, in sense of these General Terms, mean the following:

Real Estate Agency Services Provider – licensed Agency fulfilling the conditions for execution of real estate agency services, that is Real Estate Agency ROZGA d.o.o.(Ekspert Nekretnine), Šegedinova 1, Split. (hereinafter referred to as Agency Services Provider).
Real Estate Agency Services are actions undertaken by the Real Estate Agent related to connecting Principal with the third parties, negotiations and preparation for execution of legal deals regarding the specified real estate, particularly during purchase, sale, exchange, rent, lease, etc.
Real Estate Agent is a physical person registered at the Registry of Real Estate Agents and employed by the Agent (hereinafter referred to as Agent).
Real Estate are land surface plots, together with all that there is permanently connected with the land, on or below the surface, in accordance with the general legal provisions about ownership and other material rights.
Principal is a physical or legal person that enters into Agency Services Contract with the Agency Services Provider (seller, buyer, lessor, lessee, and other possible stakeholders in real estate business).
The Third Party is a person that Agency Services Provider tries to put in contact with the Principal in order to negotiate about execution of legal deals in regard to the specified real estate (hereinafter referred to as the Third Party).
Agency Fee is the amount that the Principal is obliged to pay to the Agency Services Provider for agency services.

REAL ESTATE OFFER
Article 3
Our offer is based on data received in writing and by mouth from the Principal. There is a possibility of error in regard to the description and price of real estate, and there is a possibility that the advertised real estate was already sold, rented or perhaps owner of the real estate decided to withdraw from sale/rent.

The Principal has to keep our offers and notifications confidential and can give them away to any third party only subject to our written consent.
If recipients of our offer have already been acquainted with the real estate we offer, they are obliged to immediately notify us about it in writing, by electronic mail (e-mail), fax or registered post.

PRICE OF REAL ESTATE
Article 4
The prices of real estate are expressed in euros.

AGENCY SERVICES CONTRACT
Article 5
Agency Services Contract (hereinafter referred to as Contract) obliges the Agency Services Provider to undertake efforts to find and put in contact the Principal and the Third Party for the purpose of negotiation and execution of certain legal deal regarding transfer or establishment of a certain right on the real estate, the Principal undertakes to pay specified Agency Fee to the Agency Services Provider (hereinafter referred to as Fee) if such legal deal is executed.
The Contract is executed in the written form and for a specified period of time.

If the Contracting Parties do not agree about the duration of Contract period, it is considered that the Contract is concluded for a period of 12 months and can be extended by consent of the Parties as many times as necessary.

TERMINATION OF AGENCY SERVICES CONTRACT
Article 6
Agency Services Contract concluded for a specified period of time expires upon expiry of the period for which it was concluded unless another contract was concluded on the basis of agency services or by termination of any of the Contracting Parties.
The Principal is obliged to compensate the Agency Services Provider for incurred costs for which it was specifically agreed that they will be covered separately by the Principal.

If the Principal concludes a legal deal in a period not longer than the duration of the Contract period and after the expiry of the Contract period, and this deal is primarily the consequence of the actions of the Agency Services Provider prior to the expiry of the Agency Services Contract, the Principal is obliged to pay to the Agency Services Provider full Fee, unless specified otherwise by the Contract.

EXCLUSIVE AGENCY SERVICES
Article 7
The Principal can explicity undertake not to engage any other agency services providers for the deal requiring agency services by the Contract (exclusive agency services).
If the Principal executes a legal deal without the Agency Services Provider for which the Principal issued an order to the exclusive Agency Services Provider and during the period of Exclusive Agency Services Contract Nalogodavac, the Principal is obliged to pay to the Agency Services Provider real costs incurred during the provision of agency services. If the Fee was not contracted, the Principal is obliged to cover real costs incurred during the provision of agency services which cannot be higher than the Fee for the the deal requiring agency services.

The Agency Services Provider is obliged to warn the Principal about the meaning and legal consequences of this particular clause at the moment of conclusion of the Exclusive Agency Services Contract.
The Exclusive Agency Services Contract concluded for a specified period of time expires after the expiry of period it was contracted for or by termination of any of the Parties.

The Principal is obliged to compensate the Agency Services Provider for incurred costs for which it was specifically agreed that they will be covered separately by the Principal.

If the Principal concludes a legal deal in a period not longer than the duration of the Exclusive Agency Services Contract period and after the expiry of the Contract period, and this deal is primarily the consequence of the actions of the Agency Services Provider prior to the expiry of the Exclusive Agency Services Contract, the Principal is obliged to pay to the Agency Services Provider full Fee, unless specified otherwise by the Contract.

OBLIGATIONS OF AGENCY SERVICES PROVIDER
Article 8
By signing the Agency Services Contract, the Agency Services Provider undertakes to:
1. To try to find the person to put in contact with the Principal in order to conclude the deal for which agency services are provided,
2. To acquaint Principal with the average market price of similar real estate,
3. To inspect documents that serve as proof of ownership or proof of other material rights on the real estate in matter and to warn Principal about obvious defects and possible risks related to not regulated land-registry state of the real estate in matter, registered material rights or other third party’s rights on real estate in matter, legal consequences of not fulfilling obligations towards the Third Parties, defects related to building or exploitation permit in accordance with the separate law, circumstances of obligatory application of preemptive right and limitations in legal transactions according to separate regulations,
4. To carry out necessary actions in order to present the real estate on the market, advertise real estate in the appropriate way, and carry out all other actions agreed by Agency Services Contract that surpass usual presentation for which the Agent is entitled to a separate, previously agreed on costs,
5. To enable viewing of real estate,
6. To act as mediator in the negotiations and to try to conclude a legal deal,
7. To keep Principal’s personal data confidential and to keep confidential information about the real estate that he provides agency services about or related to the same real estate or about the deal for which it provides agency services,
8. If object of the deal to be concluded is a land plot, to check the purpose of the land plot in matter in accordance with the regulations on physical planning in regard to the mentioned land plot,
9. To notify Principal of all known circumstances relevant for the intended deal that are known or have to be know to the Agency Services Provider,
10. To notify the Principal about the provisions of Money Laundering and Terrorism Financing Prevention Act (Offical Gazette of Republic Of Croatia 87/08).

OBLIGATIONS OF PRINCIPAL
Article 9
To conclude Agency Services Contract with the Agency Services Provider and:
1. To notify the Agency Services Provider about all the circumstances relevant for execution of agency services and to submit exact information about the real estate, to provide inspection of location, building or exploitation permits (if possessed by him/her) related to the real estate that is the subject of Contract and to submit to the Agency Services Provider proof on fulfillment of obligations towards the Third Parties,
2. To provide documents serving as proof of ownership on the real estate or of other material right on the real estate to the Agency Services Provider and to warn the Agency Services Provider about all registered and unregistered burdens existing in relation to the real estate,
3. To ensure viewing of the real estate for the Agency Services Provider and the third person interested in conclusion of the legal deal requiring agency services,
4. To notify the Agency Services Provider about all the relevant information related to the wanted real estate, particularly including the description of the real estate and the price,
5. to pay the Fee to the Agency Services Provider after conclusion of preliminary contract,
6. to compensate expenses surpassing usual expenses for agency services incurred by the Agency Services Provider during provision of the agency services,
7. To notify Agency Services Provider in writing about all changes related to the deal for which it authorised the Agency Services Provider and particularly about changes related to ownership of the real estate.

The Principal is neither obliged to enter into negotiations with the Third Party about the conclusion of the legal deal requiring agency services nor to conclude any legal deals. The Principal will be held liable for damages if he did not act in good faith and is obliged to compensate for all the costs incurred during the provision of agency services which can not exceed the amount of the Fee.

The Principal will be held liable for damages if he acted with the intention of committing a freud, if he kept secret or provided incorrect information relevant for provision of agency services with the purpose to conclude a legal deal.

AGENCY SERVICES FEE
Article 10
The amount of Fee is determined by the Agency Services Contract.
Contracted Fee includes execution of all actions mentioned in VI of General Terms by the Agency Services Provider.
In the event of execution of actions that are not included in VI of General Terms on the basis of the request of the Principal, the price of one hour of agency services is 93 eura.

In the event of execution of actions that are not included in VI of General Terms on the basis of the request of the Principal, the Principal is obliged to pay the real costs for the execution of these actions apart from the hours of agency services.
Value Added Tax is added to all the calculated Fees because the Agency ROZGA d.o.o.(Ekspert Nekretnine), Šegedinova 1, Split, is in the VAT system.

In the event that the concluded legal deal includes execution of preliminary contract by which the Principal and the Third Party undertake to execute the main contract regarding the real estate for which the agency services were provided, the Principal undertakes to pay to the Agency Services Provider the Fee in two equal parts, the first part is due on the day of execution of preliminary contract, and the second on the day of execution of main contract, or on the day the period for execution of the main contract specififed by the preliminary contract expires.

In the event that the concluded legal deal includes explicitly and only the regarding the real estate for which the agency services were provided, the Principal undertakes to pay to the Agency Services Provider the Fee on the day of the execution of sale and purchase contract.
If the Principal or the Third Party with whom the Principal executed the preliminary contract regarding the real estate for which the agency services were provided withdraws, or if the Principal or the Third Party with whom the Principal executed the contract regarding the real estate for which the agency services were provided withdraws from fulfillment of executed contract, it does not have any influence whatsoever on the obligation of the Principal to pay to the Agency Services Provider the Fee in the amount and in a way determined by this Article and concluded Agency Services Contract.
The Principal is obliged to pay the fee even in case that he concludes completely different legal deal than the one for which agency services were provided for with the Third Party pointed out or put in contact with him/it by the Agency Services Provider, and which deal is for the same purpose as the deal for which agency services were provided or the real estate that is the object of the legal deal was the object of agency services.

It is considered that the Agency Services Provider enabled the Principal to come in contact with the Third Party if:
- the Principal was directly taken or sent to view the real estate in matter by the Agency Services Provider,
- a meeting was organized between the Principal and the Third Party for the purpose of negotiation in order to execute the legal deal,
- the Principal was told the name and address, or the company, telephone number, telefax number, e-mail address of the Third Party for execution of the legal deal or if he was told the exact location of the wanted real estate.

After the expiry of the Contract, the Principal is entitled to the Fee in a period not longer than the duration of the contracted period and in the events when the Principal concludes a legal deal with the Third Party and this deal is primarily the consequence of the actions of the Agency Services Provider prior to the expiry of the Agency Services Contract.

If the Principal withdraws during the conclusion of the deal for which agency services were provided (after theAgency Services Provider submitted an acceptable offer), the Principal is obliged to pay the amount of the contracted Fee to theAgency Services Provider.

The Agency Services Provider is entitled to the Fee if marital spouse or domestic partner, descendant or parent of the Principal; or company, institution or other legal entity incorporated or managed by the Principal, his/her marital spouse or domestic partner, descendant or parent, or the organization that employs the Principal, marital spouse or domestic partner, descendant or parent concludes the legal deal for which agency services were provided with the person put in contact with the Principal by the Agency Services Provider.

FINAL PROVISIONS
Article 11
All that is not explicitly regulated by these General Terms will be regulated by Real Estate Operations Act, Obligatory Relations Act and other legal regulations.
The Court in Split is considered competent in case of any disputes, unless specified otherwise.

General Terms have been applied since 10 December 2010.

ROZGA d.o.o. (Ekspert Nekretnine), Šegedinova 1, Split