GENERAL BUSINESS TERMS

The agency for real estate brokerage RESIDENT Nekretnine is registered as an authorized real estate broker in the Register of Brokers of the Croatian Chamber of Commerce, under registration number 108/2023, registry number 98243705, and on the basis of the Law on Real Estate Brokerage (NN/107/07 , 144/12, 14/14) adopts the following:

Article 1.

The general terms and conditions of real estate brokerage (hereinafter: General Terms) regulate the business relationship between the real estate brokerage agency (hereinafter: Broker) and a natural or legal person (hereinafter: Principal) who enters into a written contract with the broker. mediation agreement (hereinafter: Mediation Agreement). The general conditions are an integral part of the mediation contract concluded between the mediator and the principal.

Article 2.

Certain expressions in terms of these General Terms and Conditions have the following meanings:

The real estate broker is RESIDENT NEKRETNINE, a real estate brokerage business from Zagreb, Drage Gervaisa 8, OIB: 38804036890, which meets the requirements for real estate brokerage as determined by the Real Estate Brokerage Act (hereinafter: Broker).
A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker (hereinafter: Agent).
Real estate mediation is the actions of real estate mediators that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
Principal is a natural or legal person who enters into a written mediation agreement with a Real Estate Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate - hereinafter: Principal).
Real estates are parcels of the land surface, together with everything that is permanently connected to the land on the surface or under it in accordance with the provisions of the general regulation on ownership and other real
A third party is a person whom the real estate broker tries to connect with the principal in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter: Third Party).

Article 3.

In the agreement on mediation in real estate transactions (hereinafter: the Agreement), concluded by the Intermediary and the Principal, the Intermediary undertakes to try to find and bring into contact with the Principal a Third Party for the purpose of negotiation and preparation with the aim of concluding a specific legal transaction on the transfer or establishment of a specific right to real estate and/or in connection with the real estate, and the Principal undertakes to pay him a certain brokerage fee (hereinafter: Fee) upon fulfillment of the agreed conditions.
The contract is concluded in writing and for a certain period of time. If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, it is considered concluded for a period of 12 months from the date of conclusion and can be extended several times by agreement of the parties.
The Intermediary may transfer this Agreement to other intermediaries, whereby the Principal remains in a contractual relationship only with the Intermediary with whom he concluded the Agreement.
The mediation agreement ends with the expiration of the term for which it was concluded, if the legal work for which it was mediated was not concluded within that period, or with the termination of any of the contractual parties with a notice period of 30 (thirty) days, which termination must be sent to the opposite party in writing to the address specified in the Agreement or to the Mediator's official e-mail.
The termination of the Agreement must not be contrary to the principle of conscientiousness and honesty, and it cannot occur in bad weather or with the intention of depriving the Intermediary of the right to Compensation, in which case the Intermediary is entitled to the amount of the Compensation.
In the event of cancellation of the Agreement, the Principal is obliged to compensate the Intermediary for expenses incurred for which it was expressly agreed that the Principal would pay them separately, as well as those incurred by the Intermediary as a result of the order or instruction of the Principal.
If, within 12 months after the termination of the concluded Agreement, the Principal or his spouse/common-law partner, a person of his close blood or in-law relationship, or a trading company, institution or other legal entity of which the Principal or one of the aforementioned persons is the founder or legal representative, or with whom he has concluded an employment contract or a work contract, concludes a legal transaction that is a consequence of the Mediator's actions before the termination of the Mediation Agreement, he is obliged to pay the Mediator the Fee.

Article 4.

With the agreement on exclusive mediation, the Principal undertakes not to engage any other mediator for the mediated work.
If, during the duration of the Agreement on exclusive mediation, the Principal concluded a legal transaction through another intermediary through the Intermediary, and for which the exclusive Intermediary was given an order to mediate, he is obliged to pay the exclusive Intermediary the agreed Fee as well as possible additional real costs incurred during the mediation for the said mediated job.

When concluding a contract on exclusive mediation, the Mediator is obliged to specifically warn the Principal about the meaning and legal consequences of the contractual clause from the previous paragraph.
A contract on exclusive mediation concluded for a certain period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
In the event of the termination of the Agreement on exclusive mediation for the reasons indicated in the previous paragraph, the Client is obliged to compensate the Intermediary for the costs incurred, which were otherwise expressly agreed to be paid separately by the Client.
If, within 12 months after the termination of the concluded Agreement on exclusive mediation, the Principal concludes a legal transaction that is a consequence of the Intermediary's actions before the termination of the Agreement on exclusive mediation, he is obliged to pay the Fee to the Intermediary in full.

Article 5.

When mediating for the conclusion of a purchase agreement, rental agreement or real estate lease agreement, the mediator is obliged to do the following in particular:

to try to find and bring in contact with the Principal a person in order to conclude a mediated deal,
inform the Principal of the average market price of a similar property,
obtain and inspect the documents proving ownership or other real right to the property in question,
perform the necessary actions to present the real estate on the market, advertise the real estate in an appropriate manner and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,
enable real estate viewing,
mediate in negotiations and try to conclude a contract, if he has specifically committed to that,
keep the Principal's personal data and, upon the Principal's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land,
inform the Principal about all the circumstances important for the intended work that are known to him or must be known to him,
inform the Principal of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (Official Gazette 108/17, 39/19, 151/22).
in cooperation with a lawyer, prepare contract drafts for the legal business for which he mediates.
If the mediator, in agreement with the principal, also performs other actions for him in connection with the work that is the subject of the mediation, he will separately agree on the work and the type and amount of costs.

The mediator is not responsible for non-fulfillment of the obligations of the principal and a third party, and which obligations are assumed by a legal transaction concluded between the principal and a third person, and the subject of which legal transaction is the real estate for which the mediator mediated.

Article 6.

By concluding the Mediation Agreement with the Intermediary, the Principal undertakes the following obligations:

inform the Mediator of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate and, if he has, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the Mediator with evidence of the fulfillment of obligations towards the Third Party,
provide the Broker with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the Broker of all registered and unregistered encumbrances that exist on the real estate,
provide the Mediator and a third person interested in concluding the mediated deal with a viewing of the property,
inform the Broker of all essential information about the requested real estate, which especially includes the description of the real estate and the price,
to pay the Intermediary the agreed fee, which is paid for individual intermediary tasks described in the previous article of the General Terms and Conditions
to compensate the Mediator for expenses incurred during the mediation that exceed the usual mediation costs,
inform the Intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to ownership of real estate.
The Principal is not obliged to enter into negotiations for the conclusion of a mediated deal with the Third Party found by the Mediator, nor to conclude a legal deal. The principal will be liable to the mediator for damages, if he did not act in good faith and is obliged to compensate all costs incurred during the mediation, which cannot be less than 1/3 or more than the agreed fee.
The principal will be liable for damages if he acted fraudulently, if he withheld or provided incorrect information essential for the mediation business in order to complete the mediated business.

Article 7.

The amount of the mediation fee is determined by the mediation agreement.
The agreed mediation fee includes the execution of all actions of the Intermediary listed in point VI. General conditions. In the case of performing actions that are not included in item VI. According to the general terms and conditions, based on the request of the Principal, the same is obliged to compensate the Intermediary for the actual costs of performing these actions in addition to the compensation for the intermediary hourly spent.
All fees are not subject to value added tax because the Intermediary is exempt from VAT based on Article 90, Paragraph 2 of the VAT Act
The withdrawal of the Principal or the Third Person with whom the Principal concluded a pre-contract in connection with the real estate that is the subject of mediation, as well as the withdrawal of the Principal or the person with whom the Principal concluded a contract in connection with the real estate that is the subject of mediation, from fulfilling the concluded contract do not affect the obligation of the Principal to He pays the mediator compensation for mediation in the amount and in the manner determined by this article and the concluded mediation agreement.
The Principal is obliged to pay the Fee even when he has concluded a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or object of which legal business is the real estate that is the subject of mediation.
It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if:
- directly took or directed the Principal to view the property in question,
- organized a meeting between the Principal and the Third Party for the purpose of negotiating a legal deal
- Inform the principal of the name and surname, i.e. the company, phone number, fax number, e-mail address of the third party authorized to conclude the legal transaction, or inform him of the exact location of the requested real estate.
If the Principal withdraws during the conclusion of the mediated deal (after the Intermediary has submitted an acceptable offer), he is obliged to pay the amount of the agreed Fee to the Intermediary.
The intermediary fee does not include the following costs borne by the principal; translations by an authorized court interpreter of all documents related to the subject of this contract, court fees for registration, pre-registration and notation, notary's award for the certification of signatures on documents, the costs of court fees or state stamps, identification certificates, obtaining construction and/or use permits as and/or the costs of obtaining other documentation from the competent court, the state geodetic administration, the bank, administrative departments of competent authorities, local and/or regional self-government units, or all other authorities.

Article 8.

By concluding the Agreement, the principal confirms that he is aware that the Intermediary, as the manager of personal data processing, collects and processes the personal data of authorized persons of the principal exclusively for the purpose and for the purposes of the implementation of this Agreement and hereby gives his express consent to the collection and processing of the relevant data., in accordance with the provisions of the General Data Protection Regulation - Regulation (EU) 2016/679 and the RESIDENT Nekretnina Personal Data Protection Policy. d.o.o., published on the Agency's website. Personal data is collected in writing when concluding the Agreement.
The data collected during the conclusion / amendments or additions to the Agreement (name and surname of the director or the signatory for the principal, address, date of birth, OIB, email address and telephone number) are processed by electronic written entry of personal data into the computer and this data is stored in digital form , locked with a password.
The originals of the Agreement are kept in physical form in special folders without the possibility of unauthorized access, and on the Mediator's computers in electronic form.
The above data may not be used for a purpose other than that for which it was collected.
Data is kept for the duration of the Agreement and after the termination of the Agreement for the purpose of regulating legal relationships arising as a result of (termination) of the contractual relationship, i.e. until the expiration of the respective statute of limitations in accordance with special regulations governing the statute of limitations for the contractual relationship in question.
The Principal authorizes the Intermediary to transfer collected data to third parties in case of business transfer, establishment of business relationships in the sense of business partnerships and similar relationships (especially for accounting and bookkeeping purposes).
With his signature, the Principal confirms that he was informed of the intention to use the personal data of the Intermediary and his employees before concluding the Agreement. The mediator is obliged to handle personal data in accordance with the applicable legal regulations governing the area of personal data protection.
Persons authorized to represent the principal, signatories of the principal, as well as employees of the principal, all in the capacity of respondents, may demand from the Intermediary in the capacity of manager and/or executor of personal data processing that all rights of the respondents be exercised in accordance with the applicable legal regulations governing the area of personal data protection.
The persons authorized to access the personal data of persons authorized to represent the client, the personal data of the client's signatories and the client's employees are exclusively persons authorized by the Intermediary, in accordance with a special decision of the Intermediary.

The intermediary will handle personal data in accordance with all applicable legal regulations with the application of appropriate physical, technical and other security measures to protect personal data from unauthorized access, misuse, disclosure, loss or destruction.

Article 9.

Based on the Mediation Agreement and a separate order, the Mediator is authorized to receive from the Principal or a Third Party the agreed amount of money for the reservation of the purchase, sale, rental or lease of the property that is the subject of the mediation (hereinafter referred to as: Reservation).
By taking over the Reservation during the agreed period of the Reservation, the real estate that is the subject of mediation is no longer available for viewing by Third Parties, nor is it offered as part of the Mediator's offer.
If the mediated legal deal is not concluded within the Reservation period, the real estate becomes available again for viewing by Third Parties and part of the Mediator's offer.
The Intermediary will proceed with the payment of the received amount in the name of the Reservation in accordance with a separate order for taking over the reservation, whereby in the case of not concluding the mediated legal transaction after the expiration of the Reservation period, the Intermediary shall be entitled to ½ of the amount received.

Article 10.

When an intermediary performs mediation activities for a Principal who wishes to remain unknown, the Intermediary has no obligation nor is he obliged to reveal the identity of the Principal to a Third Party who would like to enter into a legal transaction with the Principal until the conclusion of the legal transaction.
In the case from the previous paragraph, the Intermediary and the Third Party will enter into a Data Confidentiality Agreement.

Article 11.

The principal has the right to submit a complaint regarding the provision of services, a complaint about the quality of the service provided, and a complaint due to the violation of the provisions of the mediation contract.
The client submits the complaint from the previous paragraph of these General Conditions exclusively in writing to the address RESIDENT Nekretnine, Drage Gervaisa 8, Zagreb, or e-mail: info@resident.hr, upon receipt of which complaint resolution procedure is carried out. The objection must contain the facts and evidence on which it is based.
The mediator will try to resolve all disputes regarding complaints with clients as consumers peacefully and out of court. The Intermediary is obliged to submit a written response to the Principal about the validity of the submitted complaint from the previous paragraphs of these General Terms and Conditions within a maximum of 20 (twenty) days from the day of receipt of the complaint.

Article 12.

For everything that is not expressly determined by these General Terms and Conditions, the Law on Real Estate Brokerage, the Law on Obligations, the Law on Prevention of Money Laundering and Terrorist Financing and other applicable regulations shall apply.

The general conditions apply from June 2, 2023.