Terms and conditions
On the base of the article 18. of the Law on Intermediation in Real Estates (NN 107/07), ANTENOR d.o.o. carries outGENERAL BUSINESS CONDITIONS
1.GENERAL PROVISIONS
1.1.By general business conditions (further in the text: General Conditions) the Agency for intermediation in real estate ANTENOR d.o.o. (further in the text: the Agency) regulates basic, mandatory business relations between the Agency and the customer: a seller, a buyer, a lessee, a lessor and other possible participants in real estates (further in the text: the Client) that the Agency provides services for in intermediation in real estates.
1.2.General Conditions are applied together with individual contracts entered with clients and they make a constituent part of an individual contract entered with a client.
1.3.Information about clients make business secret of the Agency and it can use them only in purpose of intermediation in real estates. They can be told only the third party in intermediation, state and public bodies, legal persons and institutions in accordance with legal regulations, and they can be publicly announce on the way defined by the contract on intermediation.
1.4.After receiving written order of the Client, the Agency is obliged to keep information about the real estate as a business secret that it is mediated for, or in connection with that real estate and business that it is mediated for.
2.AGENCY BUSINESS OPERATION
2.1. In performing business of mediation the Agency acts with increased attention, according to the professional rules and business customs (with due professional care).
2.2. The Agency performs business of mediation in real estates on the base of the contract on mediation that he enters with a client in a written form and on limited time.
When entering the contract on mediation with a client, the Agency establishes the identity of the Client by having a view into his identity card, confirming his name and surname, his address of residence and information about the document on the base of which the identity of the Client is confirmed. Identity of a legal person is confirmed by insights into the Excerpt from the Register for Companies, or into the trade license for crafts.
3.COMMITMENTS OF THE CLIENT
3.1. When entering the contract on mediation, the Client is obliged to deliver the Agency his proprietary and technical documentation that he possesses for a particular real estate, to provide the Agency insight into the evidence on fulfilling his obligations against the third party, and to inform the Agency about possible existence of registered or non-registered burden on real estate, and about all other circumstances which are important for performing mediation.
3.2. To enable the Agency and the third party to visit the real esate due to the prior notice of the Agency.
3.3. To inform the mediator about the price of the real estate.
3.4. To pay the Agency mediating compensation and expences on the way as it is regulated by the contract on mediation.
4.COMMITMENTS OF THE AGENCY
4.1. The Agency is obliged to endeavor to find the third party and get him in contact with the Client in order to negotiate and conclude particular legal business (transfering or establishing particular right on the real estate) that it entered the contract with a Client, and depending on the kind of mediation for that purpose especially:
I PURCHASING THE REAL ESATE
1.To collect the ownership documents (the Land Register Entry, the Proof of Title, a copy of the Cadastrial Plan) and technical documents (the Location Permit, the Building Permit, the Use Permit) and other relevant documents for the real estate
2.to analyse collected information (to check the condition of the real estate)
3.to warn the Client: on possible obvious failures and possible risks connected with disordered state of the land registry of the real estate, on registered real rights or rights of the thirds on the real estate, on legal consequences of failure to meet obligations against the third party, on possible failures of the building and the use permit against special law, on possible existence and circumstances of the commitment to apply pre-emption rights and limits in legal transactions due to the legal regulations
4.in case if the subject of mediation is a land: to check the use of the subject land in accordance with the regulations on planning related to that land
5.to visit the real estate on the ground and then if necessary to take a photo of the real estate, the ground plan, surveying the premises and technical description of the real estate
6.to introduce the client to the average market price of similar real estate
7.on the request of the Client to hire authorised assessor for estimating market value of the real estate
8.to inform the Client about all circumstances important for the intended business that are known to the Agency, and with legal regulations that regulate purchase of real estates
9.to advertise about the real estate in the media, in electronic media, in the Agency and in other adequate and usual ways, in which the Agency necessarily publishes its company (crafts)
10. to mediate in the negotiations and to try to come to the conclusion of the contract
11.to carry out preliminary actions for concluding the legal business
12.if specially agreed, the Agency also performs other activities connected with the business that is the subject of mediation
II REAL ESTATE LEASE
1.to collect existing ownership documents (the Ownership Certificate) or other documents that give the right to the lessor to enter into a lease agreement of the business premises
2.to analyse collected information (to check the condition of the real estate)
3.to visit the real estate on the ground and then if necessary to take a photo of the real estate, the ground plan, surveying the premises and technical description of the real estate
4.to inform the Client about all circumstances important for the intended business that are known to the Agency, and with legal regulations that regulate the lease of the office premises
5.to introduce the Client to the average market lease price of the similar real estate
6.to get the information from the lessor about: height of the rent and methods of payment, other types of costs that are paid connected with the lease and how they will be paid, duration of the lease and other relevant information
7.to advertise about the real estate in the media, in electronic media, in the Agency and in other adequate and usual ways, in which the Agency necessarily publishes its company
8.to mediate in the negotiations and to try to come to the conclusion of the contract
9.to carry out preliminary actions for concluding the legal business
10.if specially agreed, the Agency also performs other activities connected with the business that is the subject of mediation
III REAL ESTATE RENT
1.to collect existing ownership documents (the Ownership Certificate) or other documents that give the right to the lessor to enter into a rental agreement
2.to analyse collected information (to check the condition of the real estate)
3.to visit the real estate on the ground and then if necessary to take a photo of the real estate, the ground plan, surveying the premises and technical description of the real estate
4.to inform the Client about all circumstances important for the intended business that are known to the Agency, and with legal regulations that regulate the rent
5.to introduce the Client to the average market rental price of the similar real estate
6.to get the information from the lessor about: height of the rent and methods of payment, other types of costs that are paid connected with the rent and how they will be paid, duration of the rent and other relevant information
7.to advertise about the real estate in the media, in electronic media, in the Agency and in other adequate and usual ways, in which the Agency necessarily publishes its company
8.to mediate in the negotiations and to try to come to the conclusion of the contract
9.to carry out preliminary actions for concluding the legal business
10.if specially agreed, the Agency also performs other activities connected with the business that is the subject of mediation
IV REAL ESTAES REPLACEMENT
1.to collect ownership documents (the Land Register Entry, the Proof of Title, a copy of Cadastrial Plan) and technical documents (the Location Permit, the Building Permit, the Use Permit) and other relevant documents for the real estate
2.to analyse collected information (to check the condition of the real estate)
3.to warn the Client: on possible obvious failures and possible risks connected with disordered state of the land registry of the real estate, on registered real rights or rights of the thirds on the real estate, on legal consequences of failure to meet obligations against the third party, on possible failures of the building and the use permit against special law, on possible existence and circumstances of the commitment to apply pre-emption rights and limits in legal transactions due to the legal regulations
4.in case if the subject of mediation is a land: to check the use of the subject land in accordance with the regulations on planning related to that land
5.to visit the real estate on the ground and then if necessary to take a photo of the real estate, the ground plan, surveying the premises and technical description of the real estate
6.to introduce the Client to the average market price of similar real estate
7.on the request of the Client to hire authorised assessor for estimating market value of the real estate
8.to inform the Client about all circumstances important for the intended business that are known to the Agency, and with legal regulations that regulate purchase of real estates
9.to advertise about the real estate in the media, in electronic media, in the Agency and in other adequate and usual ways, in which the Agency necessarily publishes its company
10. to mediate in the negotiations and to try to come to the conclusion of the contract
11.to carry out preliminary actions for concluding the legal business
12.if specially agreed, the Agency also performs other activities connected with the business that is the subject of mediation
5. MEDIATION FEES
5.1.Height of the mediation fee is defined by the mediation contract and it must not be in total over 6 % from the reached total amount of the purchase price of the real estate plus PDV.
5.2.Height of the mediation fee for the legal affairs of lease, rent and mediation in the real estate replacement is defined by the mediation contract according to the price list of HGK.
5.3.Eligible for mediation fees will be obtained when signing the preliminary contract, what is specially regulated by the mediation contract.
5.4.Costs for additional services connected with business which is the subject of mediation the Agency may charge in the amount of actual costs, what is specially regulated by the mediation contract.
5.5.In case of termination of the mediation contract (by expiration or by cancellation of one of the agreed parties) the Client is obliged to compensate the Agency actually incurred costs during mediation period, what is specially regulated by the mediation contract; and that costs may be defined by the contract even in a lump sum.
5.6.If in the period not longer than the period of duration of the signed mediation contract, after termination of that contract, the Client enters into a legal business that is mostly the consequence of the Agency acting before termination of the mediation contract, he is obliged to pay the Agency the mediation fees in total, what is specially regulated by the contract. If in the period not longer than the period of duration of the signed mediation contract, after termination of that contract, the Client enters into a legal business that is mostly the consequence of the Agency acting before termination of the mediation contract, he is obliged to pay the Agency the mediation fees in total, what is specially regulated by the contract.
5.7.The Agency the mediator, entered into insurance policy of professional liability for damage that could cause the Client or the third parties connected with performing business in real estate mediation.
6. FINAL PROVISIONS
6.1.For all what is not expressly provided by these General Conditions, the Law on Intermediation in Real Estates will be applied as well as other legal regulations which regulate this subject.
6.2.The Agency reserves the right to make changes and additions of the General Conditions in accordance with legal regulations and with business policy of the Agency.
The General Conditions come into force on the date of passing the Law on Intermediation in Real Estates.
Antenor, d.o.o., Real estate
Tonci Pijaca, director