General terms and conditions

De Mare nekretnine d.o.o.
Zadar, Ulica 7. domobranske pukovnije 2

1. Meaning of the terms contained in General Terms and Conditions

Individual terms within the meaning of these General Terms and Conditions shall have the following meaning:

the real estate broker is: De Mare nekretnine d.o.o., Ulica 7. domobranske pukovnije 2, Zadar, Personal Identification Number (OIB): 99811167355, a company which meets the requirements for the performance of real estate brokerage as set forth in the current Real Estate Brokerage Act (hereinafter: the Broker).

The brokerage agent in real estate transactions is a natural person registered in the register of real estate agents and who is employed with the Broker or a legal person who has concluded a cooperation agreement with the Broker, and the person who has personally concluded a cooperation agreement with the Broker (hereinafter: the Agent)

Real estate brokerage is the activity carried out by the Real Estate Broker concerning the introduction of the Client and a Third Party to each other, and negotiations and preparations for the conclusion of legal transactions the subject of which is a certain real property, particularly in case of buying, selling, exchange, lease, rent etc.

The Client is a natural or legal person who concludes a written brokerage agreement with the Real Estate Broker – a seller, buyer, lessee, lessor, renter, tenant, or another possible participant in real estate transactions (hereinafter: the Client).

The Third Party is the person whom the Real Estate Broker tries to introduce to the Client for the purpose of negotiating the conclusion of legal transactions the subject of which is a certain real property, regardless of whether the Broker has a concluded brokerage agreement with such a person (hereinafter: the Third Party).

2. The Offer

Broker’s offer is based on the information received in writing and/or orally from the owner of the real property which is being put up for sale, lease or rent, and on the information contained in written and/or oral orders of the Client.

3. The Real Estate Brokerage Agreement

With the Real Estate Brokerage Agreement (hereinafter: the Agreement), the Broker undertakes to try to find a Third Party and introduce them to the Client for the purpose of negotiating and concluding a legal transaction regarding the transfer or establishment of a certain right over the real property and/or regarding the real property, and the Client undertakes to pay to the Broker a certain brokerage fee (hereinafter: the Fee) should such a legal transaction be concluded, where the concluded legal transaction also includes a conclusion of a preliminary agreement with which the parties undertake to conclude the main agreement on the transfer or establishment of a certain right over the real property and/or regarding the real property.

The Agreement shall be made in writing and for a fixed term.

If the parties did not specify the term for which the Agreement is concluded in the Agreement itself, it shall be deemed that the Agreement is concluded for a period of 12 (twelve) months from the date of the conclusion of the Agreement.

4. Termination of the Agreement

The Agreement concluded for a fixed term shall cease upon the expiry of the term for which it was concluded if in that period the brokered contract was not concluded.

The Client must reimburse the Broker for incurred expenses for which it was expressly agreed that they shall be paid separately by the Client.

If, within 12 (twelve) months after the termination of the concluded Agreement, the Client concludes a legal transaction which is a result of the Broker’s actions prior to the termination of the Agreement, the Client shall pay full fee to the Broker.

5. Exclusive brokerage

The Agreement may include an exclusive brokerage clause (hereinafter: Exclusive Brokerage Agreement). With the Exclusive Brokerage Agreement, the Client undertakes not to hire any other broker for the intended brokerage deal.

If, during the term of the Exclusive Brokerage Agreement, the Client concludes a legal transaction through another broker circumventing the Broker, or even if the Client concludes a legal transaction without the intermediation of a third party (a broker), in a way that the Client himself concludes a legal transaction for which an exclusive brokerage order was given to the Broker, the Client must pay the full fee to the Broker, as well as any potentially incurred actual expenses incurred by the Broker in the course of intermediation for the aforementioned brokered deal.

When concluding the Exclusive Brokerage Agreement, the Broker must expressly caution the Client on the meaning and legal consequences of the exclusive brokerage clause.

If the Client terminates the Exclusive Brokerage Agreement with the Broker before the expiry of the term for which that Agreement was concluded, the Broker shall be entitled to claim compensation from the Client for damages incurred by the Broker, in accordance with the general provisions on damages.

6. Broker’s obligations

In the course of the brokerage, the Broker must do the following:

Try to find and introduce to the Client a person for the purpose of concluding the brokered deal,
Inform the Client of the average market price of a similar real property,
Obtain and examine the documents used to prove ownership or any other property right over the subject real property,
Perform actions necessary to present the real property on the market, advertise the real property in an appropriate way and perform all other actions agreed in the Agreement, and to perform actions which exceed the usual presentation, and for which the Broker is entitled to special expenses, stated in advance,
Enable the viewing of real estate,
Intermediate in the negotiations and try to make it possible to conclude the agreement, if he specifically undertook to do so,
Keep Client’s personal data confidential and upon the written order of the Client, also keep confidential the information on the real property for which the brokerage is performed, regarding real property in question and the legal transaction for which he brokers,
If the subject of the agreement is land, to check the intended use of the land in question in accordance with regulations on physical planning pertaining to such land,
Inform the Client on all circumstances which are important for the intended transaction which are known to them or circumstances which they should know in the regular course of business,
Familiarize the Client with the provisions of valid regulations which regulate money laundering and financing of terrorism.

7. Client’s obligations

By concluding the Agreement with the Broker, the Client assumes the following obligations, among others:

to inform the Broker in a timely manner on all circumstances which are important for the performance of the brokerage, provide the Broker with accurate information on the real property (if he possesses such documents), provide the Broker with the location, building and occupancy permit for the real property which the subject of the brokerage for examination, and provide to the Broker proof of fulfilment of obligations towards the Third Party,

Provide the Broker with documents proving the Client’s ownership over the real property, i.e. other property rights over the real property which is the subject of the Agreement, and caution the Broker on all registered or unregister charges which exist over the real property,

Provide the Broker with the energy efficiency certificate for examination,

Inform the Broker of whether the subject real property represent Client’s marital property or that of his spouse/common law partner,

Provide the Broker and the Third Party interested in concluding the brokered deal with an opportunity to view the real estate,

Inform the Broker on all important information regarding the real property which particularly includes the description of the real property and the price,

after the conclusion of the legal transaction, where the conclusion of the legal transaction includes the conclusion of a preliminary agreement, to pay the Fee to the Broker in the amount set forth in the Agreement,

to reimburse the Broker for expenses incurred in the course of the brokerage which exceed the usual brokerage expenses, where the Broker must inform the Client on such expenses in advance,

Inform the Client in writing of all the changes related to the transaction for which he authorised the Broker, and particularly on any changes regarding the ownership of the real property.

The Client is not obligated to enter into negotiations for the conclusion of the brokered legal transaction with the Third Party found by the Broker nor to conclude the legal transaction. The Client shall be liable to the Broker for damages if they did not act in good faith with regard to this and shall be required to reimburse all the expenses incurred in the course of the brokerage, which may not be less than 1/3 (one third) of the agreed Fee or greater than the agreed Fee.

The Client may be held liable for all damages caused to the Broker if the Client acted fraudulently, if they withheld information from the Broker or provided the Broker with inaccurate information which are key for the transactions of the agreed brokered agreed with the Agreement.

8. The Fee

The amount of the Fee shall be set out in the Agreement. The agreed Fee represents the fee for the performance of all Broker’s action specified in Article 6 of these General Terms and Conditions.

If the Broker, further to a special request of the Client, also performs duties which go beyond the scope of actions specified in Article 6 of these General Terms and Conditions, such actions shall be deemed special actions of the Broker, for which the Broker is entitled to charge the Client with a fee in the amount of EUR 50 for every expended hour, increased by the amount of actual expenses incurred by the Broker in the course of the performance of such actions.

Value added tax shall be charged on all fees.

Unless agreed otherwise in this Agreement, if the concluded legal transaction includes the conclusion of a preliminary agreement by which the Client and the Third Party undertake to conclude the main agreement regarding the real property which is the subject of the brokerage, where the said preliminary agreement sets out that the payment of earnest money and/or part of the agreed purchase price shall be made prior to the conclusion of the main real property agreement, the Client undertakes to pay the Fee to the Broker in two equal instalments, of which the first instalment shall become due on the day on which the earnest money and/or part of the agreed purchase price is paid, and the second instalment shall become due on the day on which the main agreement is concluded, i.e. on the day of the expiry of the term set out in the preliminary agreement for the conclusion of the main agreement.

Unless agreed otherwise in this Agreement, if the concluded legal transaction includes the conclusion of a preliminary agreement by which the Client and the Third Party undertake to conclude the main agreement regarding the real property which is the subject of the brokerage, but where the said preliminary agreement does not set out that the payment of earnest money and/or part of the agreed purchase price shall be made prior to the conclusion of the main real property agreement, the Client undertakes to pay the Fee to the Broker on the day on which the main agreement is concluded, i.e. on the day of the expiry of the term set out in the preliminary agreement for the conclusion of the main agreement.

Unless agreed otherwise in this Agreement, if the concluded legal transaction includes only the conclusion of the main agreement regarding the real property which is the subject of the brokerage, where the said main agreement sets out that the payment of earnest money and/or the purchase price shall be made in instalments, the Client undertakes to pay the Fee to the Broker in two equal instalments, of which the first instalment shall become due on the day of payment of the earnest money and/or the first instalment, and the second instalment shall become due on the day of payment of the purchase price in full, i.e. on the day of the expiry of the term for the payment of the purchase price in full set out in the main agreement.

Withdrawal by the Client or a Third Party from the fulfilment of a concluded preliminary agreement regarding the sale of the real property which is the subject of the brokerage, or a withdrawal by the Client or a Third Party from the fulfilment of a concluded agreement regarding the sale of the real property which is the subject of the brokerage, shall not affect he obligation of the Client to pay the Fee to the Broker, in the amount and in the manner set out by the Agreement, and subordinate to that, these General Terms and Conditions.

The Client is also required to pay the Fee if they conclude a legal transaction different to the brokered legal transaction with the Third Party to whom the Broker introduced them to, but which achieves the same purpose as the brokered legal transaction or where the subject of such legal transaction is the real property which is the subject of the brokerage.

In the event of a conclusion of a legal transaction different to the brokered legal transaction, but which achieves the same purpose as the brokered legal transaction, or a legal transaction which has the same subject as the brokered legal transaction, the Client is required to pay the Fee in accordance with the Broker’s price list given in Article 8 of these General Terms and Conditions.

It shall be deemed that the Broker made possible for the Client to come into contact with a Third Party if:

The Broker took the Client to view the subject real property or gave the Client instructions on how to view the real property,
If the Broker organised the meeting between the Client and the Third Party for the purpose of negotiating a conclusion of a legal transaction,
If the Broker provided the Client with the name and surname, i.e. company name, phone number, fax number, e-mail address of the Third Party authorised to conclude a legal transaction or gave to the Client an exact location of the sought real estate.

After the termination of the Agreement, the Broker is entitled to a Fee within 12 (twelve) months and in cases when the Client concludes with a Third Party a transaction which is a result of Broker’s action prior to the termination of the Agreement.

The Broker shall also be entitled to the Fee and the reimbursement of expenses if the Broker introduced a Third Party to the Client who is ready to conclude the brokered legal transaction in accordance with the terms set out by the Client, but the Client does not agree and withdraws from the conclusion of the brokered legal transaction.

The Broker shall be entitled to the Fee if a spouse/common-law partner, descendant, a parent of the Client, or a company, institution, or another legal person of which the Client, his spouse/common-law partner, descendant or parent is a founder or legal representative, i.e. with whom they have concluded an employment contract or a service contract, concludes a brokered legal transaction with a person to whom the Broker introduced the Client.

The Broker shall also be entitled to the Fee in the event that the Client disposes with the real property which is the subject of the brokerage in any way to the benefit of one of the persons mentioned in previous paragraph of these General Terms and Conditions, and if such person after the Client’s disposition concludes the brokered legal transaction or a transaction achieving the same purpose as the brokered legal transaction with a Third Party of a person affiliated with the Third Party in the manner specified in the previous paragraph of these General Terms and Conditions.

9. Final provisions

Provision of the current Real Estate Brokerage Act, Civil Obligations Act and other applicable legal regulations shall apply to everything not specified in these General Terms and Conditions.

These General Terms and Conditions are in effect as of 25 September 2022.