GENERAL TERMS AND CONDITIONS FOR REAL ESTATE MEDIATION

Rebecca Real Estates by ME Homes d.o.o.

GENERAL PROVISIONS

Article 1.

These General Terms and Conditions (hereinafter: Terms) govern the business relationship between the real estate agency Rebecca Real Estates by ME Homes d.o.o. za nekretnine, usluge i turističku agenciju, Varaždinska ulica – Via Varaždin 1, 52100 Pula, Croatia, OIB: 03767045747 (hereinafter: Agency) and the client (natural or legal person). By signing the mediation agreement, the client confirms that they are familiar with these Terms and agree to them.

Article 2.

These General Terms and Conditions form an integral part of the mediation agreement concluded between the Agency and the client.

Article 3.

The terms used in these General Terms and Conditions are defined by the Real Estate Mediation Act and have the following meanings:

Broker – real estate agency Rebecca Real Estates by ME Homes d.o.o., Varaždinska ulica – Via Varaždin 1, 52100 Pula, OIB: 03767045747.

Client – a natural or legal person who enters into a mediation agreement with the broker (seller, buyer, landlord, tenant, etc.).

Real estate mediation – all activities of a real estate broker aimed at connecting the client with a third party for the purpose of negotiating and concluding legal transactions related to a specific property (purchase, sale, lease, exchange, etc.).

Third party – a person whom the broker seeks to connect with the client.

Brokerage fee – the amount that the client is obliged to pay the broker for mediation services.

MEDIATION AGREEMENT

Article 4.

Under the mediation agreement, the Agency undertakes to connect the client with a third party for the purpose of negotiating and concluding a legal transaction, and the client undertakes to pay the Agency a brokerage fee when a legal transaction is concluded.

The mediation agreement is concluded between the Agency and the client in written form. The agreement must contain all relevant information about the property and the obligations of both parties, stated accurately, truthfully, and completely.

The mediation agreement is concluded as a rule for a period of one year and is extended for the same period until the sale or rental of the property, or until written cancellation by either party, unless otherwise agreed.

RIGHTS AND OBLIGATIONS OF THE BROKER

Article 5.

By signing the mediation agreement, the Agency undertakes to:

1. conclude a mediation agreement with the client in written form;

2. endeavour to find and connect the client with a third party for the purpose of concluding the mediated transaction;

3. inform the client about the average market price of a similar property;

4. review documents proving ownership or other real rights to the property in question;

5. take necessary steps to present the property on the market and advertise it in the manner determined by the Agency;

6. allow third parties to view the property;

7. protect the client's personal data and, upon their written request, treat information about the property as a business secret;

8. inform the client of all circumstances relevant to the intended transaction that are known to the Agency;

9. mediate in negotiations and endeavour to achieve the conclusion of the legal transaction;

10. participate in the execution of the legal transaction (pre-contractual and contractual procedures);

11. participate in the handover of the property;

12. if the subject of the contract is land, review its designated purpose in accordance with applicable spatial planning regulations.

Article 6.

The broker is obliged to treat as a business secret all information obtained in the course of mediation activities relating to the client or the property for which mediation is being conducted.

Breach of the obligation to maintain a business secret obliges the broker to compensate for any damage caused by its disclosure or non-observance.

The obligation to maintain a business secret shall not be considered violated if the broker discloses data to persons with whom they seek to connect the client, where this is strictly necessary to fulfil obligations under the mediation agreement.

OBLIGATIONS OF THE CLIENT

Article 7.

By signing the mediation agreement, the client particularly undertakes to:

1. inform the broker of all circumstances relevant to the mediation, provide accurate information about the property, and if in possession of the property, present the broker with the location, construction or use permit or other appropriate evidence of the legal compliance of the property, as well as evidence of fulfilment of obligations to third parties;

2. provide the broker with documents proving ownership or other real rights to the property and inform them of all registered and unregistered encumbrances on the property;

3. ensure that the broker and any interested third party may view the property;

4. upon conclusion of the mediated legal transaction or a pre-contract, pay the broker the agreed brokerage fee, unless otherwise agreed;

5. if expressly agreed, reimburse the broker for any additional costs incurred during mediation that exceed standard mediation costs;

6. inform the broker, in writing or verbally, of all changes related to the matter for which mediation has been arranged.

The client is not obliged to enter into negotiations with a third party or to conclude a legal transaction. Any contrary provision is void. The client is liable for damages if they have not acted in good faith, and must reimburse the broker all costs incurred during mediation, not exceeding the amount of the brokerage fee.

BROKERAGE FEE

Article 8.

The broker is entitled to a fee for mediating the purchase, sale, exchange, and lease of real estate, in the amount agreed in the mediation agreement.

Article 9.

The right to the full brokerage fee arises immediately upon the conclusion of the first legal act by the contracting parties (pre-contract or main purchase agreement). Value Added Tax (VAT) is charged on the fee amount.

Article 10.

The brokerage fee charged to the buyer for mediation services in the purchase of real estate amounts to 3% of the purchase price, or another amount freely agreed upon in the mediation agreement.

TERMINATION OF AGREEMENT

Article 11.

1. The mediation agreement terminates upon expiry of the agreed term, or upon cancellation or termination by either party, with the terminating party required to notify the other in writing or verbally.

2. When the agreement terminates by expiry of term, the parties have no further claims against each other.

3. If the client concludes a legal transaction with a person introduced by the broker within one year of the termination of the agreement, during which the broker was actively mediating, the client is obliged to pay the broker the full brokerage fee, unless otherwise agreed.

COOPERATION WITH OTHER AGENCIES

Article 12.

The Agency is willing to cooperate with other real estate agencies that respect fundamental ethical principles, which exclude the presentation of false information, disparagement of other agencies in any form, unrealistic property valuations, and exclusion of other agencies from the market for the purpose of gaining business at their expense.

Mutual cooperation between agencies is based on the Code of Ethics for Real Estate Brokers.

FINAL PROVISIONS

These General Terms and Conditions apply from the date of publication on the Agency's website.

In the event of disputes arising from the real estate mediation agreement, the parties shall first seek an amicable resolution. Should mediation fail, the parties agree to the jurisdiction of the Municipal Civil Court in Pula.

Contact: [email protected] | 099 392 1442

Varaždinska ulica – Via Varaždin 1, 52100 Pula, Croatia

OIB: 03767045747

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