Terms and conditions
In accordance with the Real Estate Brokerage Act (NN 107/07, 144/12, 14/14, 32/19) the company NEW HOME AGENCY hereby adopts the following:
TERMS AND CONDITIONS
Offer
The Agency´s real estate offer is based on the data received by the agency in written or verbally, subject to confirmation. The Agency allows for the possibility of a mistake in the description or price of property, a possibility that the advertised property has already been sold (or swapped) or that the owner has given up the sale (or lease). The agency`s offers and notifications shall be kept by the recipient (applicant) as business secrecy and shall be allowed to be conveyed to third parties only subject to the Agency`s approval. In the event that the recipient of the offers has already been familiar with the property items offered by the Agency, he/she shall inform the Agency, without delay.
Real estate prices
The prices of the properties are shown in EUR, however they have to be paid in Kuna.
The obligations of the Agency
Enter into a brokerage agreement with the applicant in writing
Attempt to find and liaise persons with the applicant in order to close a brokerage transaction
Inform the applicant about the average market price of a similar property item and warn the applicant about possible deficiencies that reduce the value of the property in issue
We are obliged to inform the buyer about the property`s actual state at the moment of sale and inform him/her if the property lacks the building permit or the licence for use, if unregulated ownership and other deficiencies exist, or about the possible consequences and risks when buying such property
Carry out necessary activities with the aim of presenting the property on the market, advertise the property in the manner set by the Agency, and enable property site reviews, in accordance with the conditions and previous agreement with the seller
Keep the applicant`s personal data, and by order given by the applicant in writing keep as business secrecy information on the property mediated by the Agency or in connection with the property or the transaction mediated by the Agency
Mediate in negotiations and endeavor to the reach the realization of a legal transaction
Be present when closing the legal transaction (pre contract and contract) and on the occasion of the transfer of property
If the subject of the contract to be concluded is a parcel of land, check the purpose of the parcel of land and issue, in accordance with the land use planning regulations relating to the parcel of land in issue
The applicant`s obligations
Enter into a brokerage agreement (standard or exclusive)
Allow the Agency an insight into all documents proving his/her property ownership or the right to the property being the subject of the brokerage transaction
Inform the Agency about any relevant data, including, in particular, the property`s description and price
Enable the agency and the person interested in closing a brokerage transaction a property site review, together with the agent
After closing the Agency deal and payment in full, settle the entire amount of the agreed fee (commission)
Refund the costs incurred by the Agency in the course of mediation, that surpass the usual mediation costs
Inform the Agency in writing on any changes relating to the transaction in respect of which he/she has authorized the Agency, and in particular on changes relating to property ownership
The applicant shall be liable for any damage, if falling to act in good faith, if acting fraudulently, or suppressing or giving incorrect data essential for the brokerage transaction with the purpose of closing a legal transaction and shall refund the costs, in accordance with the legal regulations of the Republic of Croatia
Commission
The amount of the commission in the determined on an percentage basis depending on the sales price.
Commission for the buyer 1-3 %
Commission for the seller 2-3 %
The commission claim arises after the notarization of the main contract. A commission claim arises when a main contract was agreed upon due to the Agency`s verification or the mediation.
Entitlement to a fee
The Agency becomes entitled to the entire fee at the point of closing a brokerage transaction (by signing the pre contract or contract) whereby the applicant hat committed himself/herself to closing the mediated legal transaction. The fee is payable in favour of the agency simultaneously or immediately after closing the legal transaction, mediated by the agency, i.e. by signing the pre contract or contract between the two parties and full payment of the stipulated price
Termination of the contract
The parties may revoke the real estate brokerage agreement before the expiry of the agreed term only on the grounds of particularly justified reasons in the case, the applicant shall refund the costs uncured by the agency.
If within the term of one year after the termination of the real estate brokerage agreement, the applicant enters into a brokerage transaction with the person with which the Agency connected the applicant, the applicant shall refund the Agency the full amount of the Agency commission.
The brokerage agreement shall be entered into for a fixed period of time, and it may be terminated before the expiry of the stipulated term, solely subject to notice given in writing by either contractual party. If the notice period is not specified in the brokerage agreement, the period of notice shall be 8 days, after the receipt of notice. Where the real estate brokerage agreement is terminated due to notice, the parties shall not have any reciprocal claims. The applicant shall reimburse the Agency for the incurred costs.
General provisions and settlement of disputes
To all relationships between the applicant and the Agency arising from the brokerage agreement, not these Terms and Conditions, the provision of the Real Estate Brokerage Act and the Obligatory Relations Act shall apply. Any disputes shall be submitted to the Court in Šibenik