In accordance with the provisions of the Act on Real Estate Brokerage (Narodne Novine; 107/07, 144/12, 14/14, 32/19), Procuro, obrt za savjetovanje, vl. Sara Ukalović, Zagreb, Pantovčak 7, OIB: 28089213290 (hereinafter: broker),

in Zagreb, on May 28, 2023. year, brings the following

GENERAL TERMS OF BUSINESS

General provisions

Article 1.

The General Terms and Conditions (hereinafter: General Terms and Conditions) of a real estate agent regulate the business relationship between the agent and the natural/legal person (hereinafter: principal) who concludes a Real Estate Agent Agreement with the agent.

The General Terms and Conditions are an integral part of the Real Estate Brokerage Agreement concluded between the broker and the principal.

By concluding the Brokerage Agreement, the principal confirms that he is familiar with and agrees with all provisions of the Broker’s General Terms and Conditions, as well as in the case of engaging the Broker’s agents.

By accessing any part of the website www.kaptolheritage.hr, you agree to all terms and conditions set forth in the General Terms and Conditions. If you do not agree to all of the General Terms and Conditions, do not use this site.

Meaning of terms contained in the General Terms and Conditions

Article 2.

Certain expressions in terms of the Act on Mediation in Real Estate Transactions and the General Terms and Conditions have the following meanings;

• A real estate agent is a company, sole trader or craftsman, registered to carry out real estate brokerage activities, which has its registered office in the territory of the Republic of Croatia. A real estate agent is also a company, sole trader or craftsman, registered to carry out real estate brokerage activities, which has its registered office in the territory of a contracting state of the Agreement on the European Economic Area.
• A real estate agent is a natural person who is registered in the Register of Real Estate Agents (hereinafter referred to as: Agent).
• Real estate brokerage is the activities of real estate brokers that relate to connecting the principal and a third party, as well as negotiations and preparations for concluding legal transactions involving a specific property, especially when purchasing, selling, exchanging, renting, leasing, etc.
• Real estate is a parcel of land, together with everything that is permanently attached to the land on or below the surface in accordance with the provisions of general regulations on ownership and other real rights.
• The principal is a natural or legal person who enters into a written real estate brokerage contract with a real estate broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
• A third party is a person whom the real estate broker tries to connect with the principal in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate.
• A real estate brokerage contract is a written document by which the broker undertakes to try to find and connect a person with the principal for the purpose of negotiating and concluding a specific legal transaction regarding the transfer or establishment of a specific right to real estate, and the principal undertakes to pay him a certain brokerage fee if that legal transaction is concluded.
• An Exclusive Real Estate Brokerage Agreement is a written document by which the principal undertakes not to engage any other broker for the brokered transaction. If, during the term of the Exclusive Real Estate Brokerage Agreement, the principal has concluded a legal transaction through another broker, other than the broker, for which the exclusive broker was given an order to broker, he is obliged to pay the exclusive broker the agreed brokerage fee as well as any additional actual costs incurred during the brokerage for the aforementioned brokered transaction. When concluding the Exclusive Real Estate Brokerage Agreement, the broker is obliged to specifically warn the principal of the meaning and legal consequences of this clause.
• The brokerage fee is the amount that the principal has committed to pay to the broker for the brokerage service provided.

Real estate offer

Article 3.

The Broker’s real estate offer is based on information received in writing and/or orally from the owners of the real estate offered for sale, lease or rent, as well as on information contained in the written and/or oral orders of the Principal.

The Principal is obliged to provide the Mediator with complete and accurate information and valid and truthful documents relating to the quality, legality, ownership and other real rights related to the subject of mediation and bears full responsibility for the truthfulness and accuracy of all information about the subject of mediation, as well as personal data provided to the Mediator related to the legal transaction for which the Mediator mediates.

The Client acknowledges and accepts that all liability arising from or resulting from a violation of the provisions of the previous paragraph shall be borne solely by the Client as the seller, lessor or lessor.

The Principal acknowledges that there is a possibility of an error in the description and price of the real estate, as well as the possibility that the advertised real estate has already been sold, rented or the owner of the real estate has given up the sale, and that the Broker does not bear any responsibility for such cases.

The Principal must keep offers and notifications as a business secret and may only transfer them to a third party with the written approval of the Agent.

If the recipient of the Broker’s offer is already familiar with the real estate offered to him, he is obliged to inform the Broker of this without delay, and no later than within 24 (twenty-four) hours, in writing, via electronic mail (e-mail), fax or registered letter, otherwise he is obliged to fully fulfill his contractual obligations towards the Broker.

Obligations of intermediaries

Article 4.

When concluding a Real Estate Brokerage Agreement with the principal, the broker undertakes to perform the following in particular with the care of a diligent and conscientious businessman;

• try to find and put a person in contact with the principal for the purpose of concluding a brokered transaction,
• inform the client about the average market price of a similar property,
• obtain and inspect the documents proving ownership or other real right to the property in question,
• carry out the necessary actions for the purpose of presenting (presentation) the real estate on the market, advertise the real estate in an appropriate manner and perform all other actions agreed in the Real Estate Brokerage Agreement that go beyond the usual presentation, and for which he is entitled to special, pre-specified costs,
• enable real estate inspection,
• mediate in negotiations and try to reach a preliminary agreement/agreement, if he has specifically undertaken to do so,
• to keep the personal data of the principal and, upon the written order of the principal, to keep as a business secret the data about the real estate for which it mediates or in connection with that real estate or the business for which it mediates,
• if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations relating to that land,
• inform the principal of all circumstances relevant to the intended transaction that are known to him or must be known to him,
• carry out other necessary negotiations and preparatory actions for concluding a legal transaction related to real estate brokerage.

If the mediator, in agreement with the client, also performs other actions for him in connection with the work that is the subject of the mediation, he will separately agree on the work and the type and amount of costs.

The mediator is not responsible for non-fulfillment of the obligations of the principal and a third party, and which obligations are assumed by a legal transaction concluded between the principal and a third person, and the subject of which legal transaction is the real estate for which the mediator mediated.

Connecting with a third party/subject property

Article 5.

It is considered that the intermediary enabled the principal to enter into a relationship with a third person (natural or legal) with whom he negotiated for the conclusion of a legal transaction, especially if;

• directly took or directed the principal to view the property in question,
• organized a meeting between the principal and a third party for the purpose of negotiating a legal transaction,
• informed the principal of the name, telephone number, e-mail, or fax number of a third party authorized to conclude a legal transaction or informed him of the exact location of the requested property,
• when the principal has received from the intermediary an offer or an e-mail with information about the property in question and/or its owner, i.e. a third person or its related company/its other company or a person authorized to conclude a legal transaction who has expressed an interest in concluding a legal transaction related to to mediation for the property in question,
• if he enabled the principal to contact a third party in any other way that leaves no doubt as to the identification of the authorized person for negotiating and/or concluding a legal transaction.

If the principal is already familiar with the properties offered to him or has already contacted a third party, he is obliged to inform the intermediary of this without delay in writing, via electronic mail (e-mail) or registered letter. Otherwise, it will be considered that the intermediary brought him into contact with the property in question or the third party.

Obligation of the principal

Article 6.

By means of a real estate brokerage contract, the principal undertakes to perform the following in particular;

• inform the mediator about all the circumstances that are important for mediation and provide accurate information about the real estate, and if he has one, give the mediator a location, construction, or use permit for the real estate that is the subject of the Real Estate Brokerage Agreement, and provide the mediator with proof of compliance obligation to a third party,
• provide the intermediary with documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the Real Estate Brokerage Agreement, and warn the intermediary of all registered and unregistered encumbrances that exist on the real estate,
• provide the mediator and a third person interested in concluding the mediated deal with a viewing of the property,
• inform the mediator about all essential information about the requested real estate, which especially includes the description of the real estate and the price,
• after concluding a mediated legal transaction, or a preliminary contract by which he/she undertakes to conclude a mediated legal transaction, if the intermediary and the principal have agreed that the right to payment of the mediation fee is acquired already upon concluding the preliminary contract, pay the mediation fee to the intermediary, unless otherwise agreed,
• if expressly agreed, reimburse the intermediary for costs incurred during the mediation that exceed the usual mediation costs,
• notify the intermediary in writing of all changes related to the work for which he has authorized the intermediary, and in particular of changes related to the ownership of the real estate.

The principal is not obliged to enter into negotiations to conclude a mediated transaction with a third party found by the intermediary, nor to conclude a legal transaction.

The principal will be liable to the intermediary for damages if he did not act in good faith and is obliged to compensate for all costs incurred during the mediation, which cannot be less than 1/3 or more than the agreed mediation fee for the mediated transaction.

By signing the Real Estate Brokerage Agreement with the broker, the principal guarantees and confirms under material and criminal liability that he is the person he represents, otherwise he is responsible for all damage caused to the broker and/or another person in the legal business of mediation that is the subject Mediation Agreement.

When concluding a Real Estate Brokerage Agreement with an intermediary, the Principal confirms that he has voluntarily made his personal data, including his OIB, available to the intermediary for the purpose of participating in the process of buying/selling/renting/leasing real estate or some other legal transaction related to real estate brokerage and for the purpose of establishing unambiguous identification.

The principal undertakes that when concluding a legal transaction of purchase and sale with a third party that is the subject of the Real Estate Brokerage Agreement, he will provide the intermediary with all necessary information and data that the intermediary is obliged to collect about the principal and the legal transaction, which are specified in the Act on the Prevention of Money Laundering and Financing of Terrorism.

Anonymous principal

Article 7.

An intermediary who performs brokerage services for a principal who wishes to remain anonymous has no obligation towards a third party who would like to conclude a legal transaction with the principal to disclose the identity of the principal until the legal transaction is concluded.

Brokerage fee

Article 8

The brokerage fee paid by the Principal for the brokerage service in the purchase and sale of real estate is 3% of the purchase price unless otherwise agreed in the brokerage contract between the Broker and the Principal. The applicable VAT amount will be calculated on the stated percentage of the brokerage fee.

Right to brokerage fee

Article 9.

The intermediary acquires the right to the intermediary fee after the conclusion of the contract for which he/she mediated, unless the intermediary and the principal have agreed that the right to payment of the fee is acquired already upon conclusion of the preliminary contract and/or the first legal act between the principal and a third party.

In the case of exceeding the deadline for payment of the mediation fee, statutory default interest is calculated.

The mediator cannot demand partial payment of the mediation fee in advance, that is, before the conclusion of the contract, that is, the pre-contract and/or the first legal act.

The costs of additional services related to the work that is the subject of mediation in real estate transactions can be charged by the mediator in the amount of the actual costs if this has been separately agreed between the mediator and the principal.

After the termination of the Real Estate Brokerage Agreement, the broker is entitled to the agreed brokerage fee within a period of up to 12 (twelve) months, unless otherwise agreed in the Real Estate Brokerage Agreement, and in cases where the principal concludes a legal transaction with a third party relating to real estate brokerage and which is a consequence of the broker’s actions prior to the termination of the Real Estate Brokerage Agreement.

The intermediary is entitled to a brokerage fee if a spouse, common-law partner, descendant, parent or blood relative in the vertical or lateral line, a person who is related by blood to the principal or a person who is in any way related to the principal (e.g. blood relationship in any line with the listed persons, authorized person, employee, employer, associate, etc.) concludes a contract/pre-contract or some other legal transaction related to the real estate transaction with the person with whom the intermediary brought him/her into contact.

The provisions of Article 9 (ninth) paragraph 6 (sixth) also apply to legal entities established by the principal or any other person from the previous paragraph or if such persons perform management tasks or any other tasks in the legal entity.

Article 10

The brokerage fee does not include the following costs borne by the principal: translations by an authorized court interpreter of all documents relating to the subject of this contract, court fees for registration, pre-registration and recording, notary fees for verifying signatures on documents, costs of court fees or state stamps for obtaining a title deed, copies of the cadastral plan, identification certificates, obtaining a construction and/or use permit, as well as/or costs of obtaining other documentation from the competent court, state geodetic administration, bank, administrative departments of competent bodies of local and/or regional self-government units or all other bodies.

The client is therefore obliged to provide the intermediary with proof of the payment of the mentioned costs in a timely manner in order to obtain the mentioned documentation in a timely manner. If the intermediary obtains the specified documentation for the principal, he is obliged to reimburse the material costs to the intermediary within 8 (eight) days from the date of occurrence of such costs.

Cooperation with other real estate brokers

Article 11

The broker is ready to cooperate with other brokers for mediation in real estate transactions who respect basic ethical principles (which exclude the presentation of false information about the business in order to obtain business and clients, disparaging other brokers in any way, in order to obtain business and clients, unrealistic real estate evaluations for the purpose of obtaining intermediary jobs and appearing in the media with the intention of personal promotion, to the detriment of others).

Agreement on mediation in real estate transactions

Article 12.

A real estate brokerage contract obliges the broker to try to find and connect a person with the principal for the purpose of negotiating and concluding a specific legal transaction regarding the transfer or establishment of a specific right to real estate, and the principal undertakes to pay him a certain brokerage fee if that legal transaction is concluded.

The contract on mediation in real estate transactions is concluded in writing and for a certain period of time.

The real estate brokerage contract concluded between the broker and the principal must specifically state information about the broker, the principal, the type and essential content of the transaction for which the broker mediates, the amount of the brokerage fee, and possible additional costs that arise when the broker, in agreement with the principal, performs other services for him in connection with the transaction that is the subject of the brokerage.

The contract on mediation in real estate transactions may also contain other information related to the work for which mediation is carried out (for example, the term and conditions for payment of the mediation fee, information on liability insurance, insurance conditions for payment of the mediation fee, etc.).

Exclusive mediation

Article 13.

In a real estate brokerage contract, the principal may undertake not to engage any other broker for the brokered transaction (exclusive brokerage), which obligation must be explicitly agreed upon.

If, during the term of the exclusive mediation contract, the principal has concluded a legal transaction through another intermediary, bypassing the intermediary, 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 any additional actual costs incurred during the mediation for the aforementioned mediated transaction.

When concluding an exclusive real estate brokerage contract, the broker is obliged to specifically warn the principal about the meaning and legal consequences of this clause.

Sub-brokerage agreement

Article 14.

The broker can transfer the real estate brokerage contract to other brokers if the broker and principal so agree.

In this case, the principal remains in a contractual relationship only with the broker with whom he concluded the contract, and the broker will hand over to the principal a list of brokers to whom the Real Estate Brokerage Agreement is transferred.

Termination of the brokerage contract

Article 15

An agreement on mediation concluded for a certain period ends with the expiration of the term for which it was concluded if the agreement for which it was mediated was not concluded within that period or by the cancellation of any of the contracting parties, if such a possibility is provided for in the Agreement on mediation in real estate transactions.

In the event of an agreed possibility of unilateral cancellation of the Real Estate Brokerage Agreement, and the notice period is not explicitly specified in the agreement itself, the notice period is 30 (thirty) days from the receipt of the notice sent by registered mail with return receipt.

The procedure for canceling the Agreement on mediation in real estate transactions cannot fall into a storm, that is, with the intention of depriving the mediator of the right to mediation compensation or knowingly causing damage.

If, within 12 (twelve) months after the termination of the Real Estate Brokerage Agreement, the principal concludes a legal transaction that is a consequence of the agent’s actions prior to the termination of the Real Estate Brokerage Agreement, he is obliged to pay the agent the brokerage fee in full.

The principal is obliged to reimburse the intermediary for costs incurred that were otherwise expressly agreed to be paid separately by the principal.

Attention in legal transactions

Article 16

When performing mediation tasks, that is, other actions related to the work that is the subject of mediation, the mediator must act with increased care, according to the rules of the profession and customs (attention of a good expert).

Real estate advertising

Article 17

When advertising real estate in the media, or other written and electronic media, on the premises of the broker or in other places where advertising is permitted in relation to the real estate that is the subject of the business, the broker is obliged to announce his company.

Liability insurance for damages

Article 18

A real estate agent is obliged to obtain and renew liability insurance with an insurer in the Republic of Croatia for damage that he or she may cause to the principal or third parties by performing the brokerage.

For damage that the intermediary may cause by performing mediation, the lowest insured amount cannot be less than 200,000.00 HRK (two hundred thousand kuna) per one damaging event, or 600,000.00 HRK (six hundred thousand kuna) for all claims in one insurance year.

The intermediary may also be insured with an insurer in a member state of the European Union and the European Economic Area.

Keeping a trade secret

Article 19

The broker is obliged to keep as a business secret all information he learns while performing brokerage activities, which relate to the principal, the real estate for which he brokers or are related to that real estate or to the business for which he brokers or which he concludes on the basis of special authorization.

If the intermediary violates its obligation to keep a trade secret, it is obliged to compensate the injured parties for the damage they suffered due to the disclosure or failure to keep a trade secret.

The duty to maintain business secrecy shall not be deemed to have been violated if, for the purpose of protection, the intermediary discloses the information to persons with whom it is trying to connect the principal, and this was absolutely necessary for the intermediary to fulfill its obligation under the Real Estate Brokerage Agreement concluded with the principal.

Final Provisions and Dispute Resolution

Article 20

The provisions of the Real Estate Brokerage Act and the general provisions of the Civil Obligations Act apply to relations between the broker and the principal arising from the Real Estate Brokerage Agreement that are not regulated by these General Terms and Conditions or the Real Estate Brokerage Agreement.

These General Terms and Conditions shall enter into force on the date of their adoption and shall remain in force until new/amended General Terms and Conditions are adopted.

Any disputes between the intermediary and the principal will be resolved amicably, otherwise the competent court in Zagreb will have jurisdiction.