GENERAL BUSINESS TERMS

In accordance with the provisions of the Law on Mediation in Real Estate Transactions (Narodne Novine; 107/07, 144/12, 14/14, 32/19), the trading company DUX NEKRETNINE doo with its headquarters in Rijeka, Tizianova 8, OIB: 23326918062, represented by the director of the company Tony Jerković, OIB: 45242465733, (hereinafter: broker), in Rijeka, on April 1, 2019, adopts the following General business conditions, General provisions General business conditions (hereinafter : The general terms and conditions) of real estate brokers regulate the business relationship between the broker and the natural/legal person (hereinafter: principal) who enters into a Real Estate Brokerage Agreement with the broker.
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 Mediation Agreement, the principal confirms that he is familiar with and agrees with all the provisions of the Mediator's General Business Conditions, as well as in the case of engaging the Mediator's agents.

By accessing any part of the website dux-nekretnine.hr (dux-immobilien.de), you agree to all terms and conditions specified in the General Terms and Conditions. If you do not agree with all of the General Terms and Conditions, please do not use this site.
 
Certain terms in the sense of the Act on Mediation in Real Estate Transactions and the General Terms and Conditions have the following meanings;

• A real estate broker is a trading company, sole trader or craftsman, registered for the performance of real estate brokerage activities, which has its seat on the territory of the Republic of Croatia. A real estate broker is also a trading company, sole trader or craftsman, registered for the performance of real estate brokerage activities, which has its seat on the territory of a contracting state of the Treaty on the European Economic Area.
• A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents (hereinafter: Agent).
• Real estate brokerage is the activities of real estate brokers that relate to the connection between 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.
• Real estate is a piece of land. , together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions of the general regulation on ownership and other real rights.
• The principal is a natural or legal person who concludes a written Agreement on mediation in real estate transactions 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.
• Brokerage agreement is a written document by which the mediator undertakes to try to find and connect with the principal a person in order to negotiate and conclude a certain legal transaction on the transfer or establishment of a certain right to real estate, and the principal undertakes to pay him a certain brokerage fee. compensation if that legal deal is concluded.
• The Exclusive/Exclusive brokerage agreement is a written document by which the principal undertakes not to hire any other mediator for the mediated business. If, during the duration of the Agreement on exclusive mediation in real estate transactions, the principal concluded a legal transaction through another mediator, 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 mediation for the specified mediated job. When concluding the Agreement on exclusive mediation in real estate transactions, the mediator is obliged to specifically warn the principal about the meaning and legal consequences of this clause.
• Brokerage fee is the amount that the principal undertakes to pay to the intermediary for the mediation service performed.

Real estate offer

• The real estate offer of the intermediary is based on the information received in writing or verbally, and is conditioned by confirmation.
• The broker waives responsibility for possible errors in real estate ads from the offer in case of untimely notification of the principal about price reduction, possible withdrawal from the sale/rental/lease, about the realized sale/rental/lease, as well as in the case of failure to provide relevant information about the real estate from the offer from side of the principal.
• The broker's real estate offer and/or information must be kept in confidence by the principal and may only be transferred to another natural and/or legal person with the broker's written approval.
• If the principal is already aware of the real estate that is the subject of the Real Estate Brokerage Agreement, he is obliged to notify the broker in writing, via electronic mail (e-mail) or registered letter, without delay.

Obligations of mediators
When concluding a contract on mediation in real estate transactions with the client, the broker undertakes to perform the following in particular with the care of an orderly and conscientious businessman;

• try to find and bring in contact with the principal a person in order to conclude a mediated deal,
• inform the principal of the average market price of a similar property,
• obtain and inspect the documents proving ownership or other real right to the property in question,
• perform the necessary actions for the presentation of the property on the market,
• advertise the property in an appropriate manner and carry out all other actions agreed upon in the Brokerage Agreement that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,
• enable an inspection of the property,
• mediate in negotiations and try to reach a conclusion of the pre-contract/contract, if he has specifically committed to this,
• to keep the client's personal data and, upon the client's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
• if the subject of the contract is land, check the purpose of the land in question and in accordance with the spatial planning regulations that refer to that land,
• inform the client about all the circumstances important for the intended work that are known to him or must be known to him, 
• perform other necessary negotiations and preparatory actions for the conclusion of a legal transaction related to mediation in real estate transactions.

If the broker, in agreement with the principal, 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 broker 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 broker mediated.

Bringing into contact with a third person/the real estate in question
 
It is considered that the broker enabled the principal to come into contact with a third person (natural or legal) with whom he negotiated for the conclusion of a legal transaction, especially if;

• directly took or instructed the client to view the property in question,
• organized a meeting between the client and a third person for the purpose of negotiating a legal deal,
• communicated to the client the name, phone number, e-mail, or fax number of a third person authorized to conclude a legal deal, or communicated the exact location of the requested real estate,
• when the principal received an offer from the intermediary or an e-mail with information about the real estate in question and/or its owner, i.e. a third person or its related company/another company or a person authorized to conclude a legal transaction who expressed interest for the conclusion of a legal transaction related 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 negotiation and/or conclusion of the legal transaction.

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

Obligation of the principal
With the agreement on mediation in real estate transactions, the principal undertakes to perform the following in particular;

• inform the mediator about all the circumstances that are important for 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 Real Estate Brokerage Agreement, and provide the mediator with proof of compliance obligation to a third party,
• to provide the mediator with documents proving his ownership of the real estate, i.e. other real right to the real estate that is the subject of the Real Estate Brokerage Agreement, and to warn the mediator of all registered and unregistered encumbrances that exist on the real estate,
• to provide the mediator and the third party to a person interested in concluding a mediated deal, viewing the property,
• to inform the mediator about all essential information about the requested real estate, which in particular includes the description of the property and the price,
• after concluding the mediated legal transaction, i.e. the pre-contract by which he undertook to conclude the mediated legal transaction, if the mediator and the principal has 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,
• if it is expressly agreed to compensate the mediator for expenses incurred during the mediation that exceed the usual mediation costs,
• to notify the mediator in writing of all changes related to the work for which he authorized the intermediary, and especially about changes related to property ownership.

The principal is not obliged to enter into negotiations for concluding a mediated deal with a third person found by the mediator, nor to conclude a legal deal.

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

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 entering into a real estate brokerage contract with an intermediary, the principal confirms that he has voluntarily made his personal data available to the intermediary, including OIB, for the purpose of participating in the process of buying/renting/leasing real estate or some other legal transaction related to brokerage real estate and in order to establish an unmistakable identification.

The principal undertakes that when entering into a legal transaction of purchase and sale with a third party that is the subject of the Real Estate Brokerage Agreement, he will make available to the mediator all the necessary information and data that the mediator is obliged to collect about the principal and the legal transaction, which are determined by the Law on prevention of money laundering and financing of terrorism.

Anonymous principal
An broker who performs mediation work for a principal who wishes to remain unknown has no obligation to a third party, who would like to enter into a legal transaction with the principal, to reveal the identity of the principal until the conclusion of the legal transaction.

Brokerage fee
The brokerage fee paid by the Principal for mediation services in the purchase and sale of real estate amounts to 3% of the purchase price, unless otherwise agreed in the mediation contract between the Broker and the Principal. The corresponding amount of VAT will be calculated on the specified percentage of the intermediary fee.

The right to brokerage fee
The broker acquires the right to brokerage fee after the conclusion of the contract for which he mediated, unless the broker and the client have agreed that the right to payment of brokerage fee is already acquired upon the conclusion of the pre-contract and/or the first legal act between the client and a third person.

In case of overstaying the deadline for payment of the brokerage fee, statutory default interest is calculated.

The broker cannot demand partial payment of the brokerage 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 broker in the amount of actual costs if this has been separately agreed between the broker and the client.

After the termination of the Real Estate Brokerage Agreement, the broker has the right to the agreed brokerage fee within 12 (twelve) months, unless otherwise agreed in the Real Estate Brokerage Agreement, and in cases where the principal enters into a legal transaction with a third party related to the brokering of traffic. real estate and which is a consequence of the intermediary's actions before the termination of the Agreement on mediation in real estate transactions.

The broker has the right to brokerage fee if the spouse, common-law partner, descendant, parent or blood relative in the vertical or collateral line, a person who is related to the principal or a person who is related to the principal in any way (e.g. blood relation in in any line with the mentioned persons, authorized person, employee, employer, associate, etc.) conclude a contract/pre-contract or some other legal transaction related to real estate transactions with the person with whom the intermediary brought him 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.
 
Brokerage  fee does not include the following costs borne by the principal; translations by an authorized court interpreter of all documents related to the subject of this contract, court fees for registration, pre-registration and notation, notary's fee for certifying signatures on documents, costs of court fees or state stamps for obtaining a title deed, copies of the cadastral plan, identification certificates, obtaining construction and/or use permits as well as/or the 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 principal is therefore obliged to provide the broker 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 broker obtains the specified documentation for the principal, the latter is obliged to reimburse the material costs to the broker within 8 (eight) days from the date of occurrence of such costs.

Cooperation with other real estate brokers
The broker is ready to cooperate with other real estate brokers who respect basic ethical principles (which exclude the presentation of untrue information about the business in order to obtain business and clients, disparaging others intermediaries in any way, in order to obtain business and clients, unrealistic real estate appraisals in order to obtain 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
With the brokerage agreement , the broker undertakes to try to find and connect with the principal a person for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right to real estate, and the principal undertakes to pay him a certain intermediary fee if this legal deal is concluded.

Brokerage agreement is concluded in writing and for a certain period of time.

In the brokerage agreement concluded between the broker and the principal, the information about the broker, the client, the type and essential content of the work for which the broker mediates, the amount of the brokerage  fee and possible additional costs that arise when the broker, in agreement with the client, performs for care and other services related to the work that is the subject of mediation.

The brokerage agreement may also contain other information related to the work being mediated (e.g. the deadline and conditions for the payment of the brokerage  fee, information on liability insurance, insurance conditions for the payment of the brokerage fee, etc.).

Exclusive Real Estate Brokerage Agreement
With the brokerage agreement, the principal can undertake not to engage any other broker for the mediated business (exclusive mediation), which obligation must be expressly agreed upon.

If, during the duration of the contract on exclusive mediation, the principal concluded a legal transaction through another intermediary, without the broekr, and for which the exclusive intermediary was given an order to mediate, he is obliged to pay the agreed broekrage fee to the exclusive broekr as well as possible additional real costs incurred during the mediation for the aforementioned mediated business.

At the time of concluding the Agreement on exclusive mediation in real estate transactions, the broker is obliged to specifically warn the principal about the meaning and legal consequences of this clause.

Agreement on submediation
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 mediation agreement
The brokerage  agreement 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 termination of either of the contracting parties, if such a possibility is provided for in the Agreement on mediation in real estate transactions.

In the case of the agreed possibility of unilateral cancellation of the Real Estate Brokerage Agreement, and the cancellation period is not expressly determined by the contract itself, the cancellation period is 30 (thirty) days from the receipt of the cancellation 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 broker 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 enters into a legal transaction that is a consequence of the broker's actions prior to the termination of the Real Estate Brokerage Agreement, he is obliged to pay the brokerage fee in full.

The principal is obliged to compensate the broker for the incurred expenses for which it was otherwise expressly agreed that the principal would pay them separately.

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

Real estate advertising
When advertising real estate in the media, i.e. other written and electronic media, in the broker's premises or in other places where advertising related to the real estate that is the subject of business is allowed, the broker is obliged to announce his company.

Insurance against liability for damage
A real estate broker is obliged to secure and renew liability insurance with an insurance company in the Republic of Croatia for damage that could be caused to the client or third parties by carrying out the mediation.

For damage that the mediator could cause by performing mediation, the lowest insured sum cannot be less than HRK 200,000.00 (two hundred thousand kunas) per one harmful event, or HRK 600,000.00 (six hundred thousand kunas) for all compensation claims in one insurance year.

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

Keeping business secrets
 
The broker is obliged to keep as a business secret all information that he learns while performing mediation activities, which relate to the principal, the real estate for which he is mediating, or are related to that real estate or to the business for which he mediates or that he concludes on the basis of a special authority.

If he violates his obligation to keep a business secret, the broekr is obliged to compensate the injured persons for the damage they suffered due to the disclosure or non-keeping of the business secret.

It is not considered a violation of the duty to keep business secrets if, for the sake of protection, the broker discloses the information to the persons with whom he tries to bring the client into contact, and this was absolutely necessary for the broker to fulfill his obligation from the Real Estate Brokerage Agreement concluded with the principal.

Final provisions and settlement of disputes
 
The provisions of the Act on Real Estate Brokerage shall apply to relations between the broker and the principal resulting from the Real Estate Brokerage Agreement, which are not governed by these General Terms and Conditions or the Real Estate Brokerage Agreement. general provisions of the Obligations Act.

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

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