GENERAL TERMS AND CONDITIONS OF BUSINESS FOR REBECCA D.O.O. AND REBECCA AGENCY J.D.O.

I.
Definitions of terms used in the General Terms and Conditions

The terms below have the following meanings within the meaning of these General Terms and Conditions:

1. Real Estate Agency is the company Rebecca d.o.o. za poslovanje i upravljanje nekretninama, having its seat at the address Pula, Akvilejski Prilaz 1, Personal Identification Number /OIB/: 96980860637, which meets the conditions for providing the real estate agency services defined by the Real Estate Agencies Act (hereinafter: the Agency).
2. Real Estate Agent is a natural person employed in the Agency; hereinafter: the Agent).
3. Real Estate Agency Services refers to the activities of the Real Estate Agency aimed at bringing into contact the client and a third party, conducting negotiations, and carrying out preparations for the purpose of the conclusion of legal transactions concerning property, and especially with regard to sale, purchase, exchange, rental, lease, etc.
4. Client is a natural or legal person who is entering into a written estate agency agreement with the Real Estate Agency (seller, buyer, lessee, lessor, landlord, tenant, and other possible participants in real estate transactions – hereinafter: the Client).
5. Third Party is the person whom the Real Estate Agency seeks to bring into contact with the Client for the purpose of conducting negotiations on the conclusion of legal transactions concerning a property (hereinafter: the Third Party).

II.
Listings

The Agency’s listings are based on the data received in writing and/or orally from the owner of the properties offered for sale, lease, or rental, as well as the data contained in the written and/or oral orders of the Client.

III.
Estate agency agreement

The estate agency agreement (hereinafter: the Agreement) binds the Agency to attempt to find a Third Party and bring them into contact with the Client with the aim of negotiation and conclusion of a legal transaction concerning the transfer or establishment of rights to property and/or related to a property, and it binds the Client to pay a commission (hereinafter: the Commission) to the Agency if the said legal transaction is concluded.

The Agreement is concluded in writing, for a fixed period.

If the Parties do not agree on the period for which the Agreement is concluded by the said Agreement, the Agreement must be concluded for a fixed period of 12 months from the date of conclusion thereof and it may be extended multiple times by a covenant between the parties.

IV.
Termination of the estate agency agreement

The estate agency agreement concluded for a fixed period must be terminated upon the expiry of the period for which it was concluded if the agreement for the purpose of which the agency services were provided has not been concluded within this period or by means of termination by any Party.

The Client undertakes to compensate the Agency for the costs incurred and expressly agreed upon to be separately paid by the Client.

If within 12 months of the termination of the concluded Agreement, the Client concludes a legal transaction as a consequence of the Agency’s actions undertaken before the termination of the estate agency agreement, the Client must pay the full amount of the Commission to the Agency.

V.
Sole agency

The sole agency agreement binds the Client not to engage any other Agencies for the purpose of the brokered transaction.

If the Client concluded a legal transaction in the course of the duration of the sole agency agreement through a different agency, disregarding the sole Agency, which was given an order to provide agency services for the said transaction, the Client must pay to the sole Agency the Commission agreed upon as well as additional actual costs incurred during the provision of agency services for the aforementioned brokered transaction.

In the course of the conclusion of the sole agency agreement, the Agency must specifically inform the Clients about the meaning and legal consequences of the contractual clause contained in the previous paragraph.

The sole agency agreement concluded for a fixed period must be terminated upon the expiry of the period for which it was concluded if the agreement for the purpose of which the agency services were provided has not been concluded within this period or by means of termination by any Party.

In the event of termination of the sole agency agreement for any of the reasons specified in the previous paragraph, the Client must reimburse the Agency for the costs incurred and expressly agreed upon to be paid separately by the Client.

If within 12 months of the termination of the concluded sole agency agreement, the Client concludes a legal transaction as a consequence of the Agency’s actions undertaken before the termination of the sole agency agreement, the Client must pay the full amount of the Commission to the Agency.

VI.
Agency’s obligations

The Agency specifically undertakes to, in the course of the provision of agency services for the purpose of concluding a real estate sale and purchase, rental, or lease agreement, perform the following actions:

• seek a person and bring them into contact with the Client with the aim of the conclusion of the brokered transaction; to inform the Client about the average market price of similar properties;
• obtain and examine the documents that prove the title to the property or another right in rem over the property in question; to perform the necessary actions with the aim of placing the property on the market, to advertise the property in the appropriate manner, and to undertake all other actions stipulated under the estate agency agreement that exceeds the usual presentation, for which the Agency is entitled to separate costs defined in advance; to enable a property inspection; to provide agency services in negotiations and to work towards the conclusion of agreements, if the Agency specifically undertook to do so; to keep the Client’s personal data and to keep as a business secret, by the Client’s written order, information about the property for which the agency services are provided or relating to the said property or the brokered transaction; if a land parcel is the subject matter of an agreement, to check the intended use of the said parcel as specified in the spatial planning regulations applicable to the parcel; to inform the Client of all circumstances relevant for the intended transaction that it is or should be aware of; to inform the Client of the provisions of the Act on the Prevention of Money Laundering and Terrorist Financing (official gazette of the Republic of Croatia, “Narodne novine” n. 39/19).
• the conclusion of the sale and purchase agreement, the Agency also undertakes to perform the following actions for the benefit of the Client – property buyer: to effect the transfer of title in the land register with the legal assistance provided by a relevant service provider;
• apply for the registration of the Client as a new service user with the utility service providers.

VII.
Client’s obligations

By entering into the estate agency agreement with the Agency, the Client undertakes the following obligations:

• inform the Agency of all circumstances relevant for the purpose of provision of agency services and to present to the Agency correct information about the property as well as the location, construction, and occupancy permit for the subject property, if the Client holds these permits, and to present to the Agency the proof of fulfilment of obligations towards the Third Party;
• present to the Agency the documents that prove their title to the property or another right in rem over the subject property and to inform the Agency of all registered and unregistered encumbrances on the property; to enable the Agency and the Third Party interested in concluding the brokered transaction to inspect the property; to provide the Agency with all relevant information about the sought property, specifically including the description and price of the property;
• the conclusion of the preliminary agreement, to pay the Commission to the Agency;
• compensate the Agency for the costs incurred in the course of the provision of agency services that exceed the usual costs of agency services; to inform the Agency in writing of all changes regarding the transaction for which the Agency has been authorized, and especially of the changes concerning the title to the property.

The Client is not bound to take part in negotiations aimed at concluding the brokered transaction with the Third Party found by the Agency, nor to conclude such a transaction. The Client must be liable for damage caused to the Agency by not acting in good faith in this regard and it must compensate the Agency for all costs incurred in the course of the provision of agency services, which cannot amount to less than 1/3 nor greater than the Commission agreed upon.

The Client must be liable for damage if they acted fraudulently if they kept secret the information relevant for the provision of the agency’s services aimed at the conclusion of the brokered transaction or provided incorrect information.

VIII.
Commission

The amount of the commission is 3% but not less than 6000.00 KN or a fixed amount, VAT is not included.

The commission agreed upon covers the performance of all Agency’s obligations specified under item VI of these General Terms and Conditions.

In the event that the concluded legal transaction also includes the conclusion of a preliminary agreement binding the Client and the Third Party to conclude the main agreement with regard to the property for which agency services are provided and providing the payment of a deposit and/or a part of the sale and purchase price agreed upon before the conclusion of the main sale and purchase agreement, the Client undertakes to pay the Commission to the Agency in two equal installments, the first of which must become due and payable on the date of payment of the deposit and/or a part of the sale and purchase price agreed upon, and the second of which must become due and payable on the date of conclusion of the main agreement or the date of expiry of the deadline for the conclusion of the main agreement, determined by the preliminary agreement.

If the concluded legal transaction includes exclusively the conclusion of the main agreement about the property for which agency services are provided, and that it does not cover the possibility of withdrawal, the Client undertakes to pay the Commission to the Agency on the date of conclusion of a sale and purchase agreement.

The withdrawal from the concluded agreement by the Client or the Third Party with whom the Client concluded a preliminary agreement with regard to the property for which agency services are provided, nor the withdrawal from the concluded agreement by the Client or the person with whom the Client concluded an agreement with regard to the property for which agency services are provided must not affect the Client’s obligation to pay the Commission to the Agency in the amount and the manner established in this item and the concluded estate agency agreement.

The Client must pay the Commission even if it concludes a legal transaction different from the one for which the agency services were provided, but which is intended to achieve the same purpose as the brokered transaction, or a transaction regarding the property for which the agency services are provided, with a Third Party whom the Agency had suggested and put them in contact with.

It must be deemed that the Agency has enabled the Client to enter in contact with a Third Party if the Agency: directly took or sent the Client on a tour of the property in question;

organized a meeting between the Client and the Third Party with the aim of negotiation of the legal transaction; gave the Client the full name or company name, phone and fax number, and e-mail address of the Third Party authorized to conclude the legal transaction or if the Agency informed the Client of the exact location of the sought property.

Upon the termination of the Agreement, the Agency is entitled to the Commission within a 12-months deadline, also in the event that the Client concludes a legal transaction with a Third Party as a consequence of the Agency’s actions undertaken before the termination of the estate agency agreement.

If the Client should withdraw from the planned transaction in the course of its conclusion (after receiving an acceptable offer from the Agency), it must pay the Commission agreed upon to the Agency.

The Agency is entitled to the Commission if the spouse, civil partner, descendant or parent of the Client, or a company, institution or another legal person founded or legally represented by the Client, the Client’s spouse, civil partner, descendant or parent, or a company, institution or another legal person that has concluded an employment agreement or a zero-hours agreement with the C, the Client’s spouse, civil partner, descendant or parent, concludes a brokered legal transaction with the person with whom the Agent put the Client in contact.

IX.
Final provisions

All matters not expressly regulated by these General Terms and Conditions of Business must be governed by the Real Estate Agencies Act, Civil Obligations Act, and other statutory regulations.

The General Terms and Conditions must enter into force on 2 May 2019.