Legal information

2. General Terms and Conditions

Offer

The offer of Mala Vala Maslina doo as a real estate agent (hereinafter: Agency) is based on data received in written, oral or electronic form by the client - seller of real estate and is subject to confirmation by the Agency and the Brokerage Agreement. When performing brokerage activities or other activities related to the activity that is the subject of brokerage, the Agency must act with increased diligence, in accordance with the rules of the profession and customs (diligence of a good specialist). The Agency reserves the possibility of errors in the description and price of the property, which may arise due to incorrectly provided data or changes in the terms of sale by the client - seller of real estate, as well as the possibility that the advertised property has already been sold or the owner has withdrawn from the sale without informing the Agency in due time. The Agency is liable for incorrect data only in the event of intentional or extremely negligent behavior. Offers and information provided to the client - buyer of real estate must be kept secret and may be transferred to third parties only with the written consent of the Agency. If the recipient of the offer already knew the property offered to him by the Agency, he is obliged to immediately inform the Agency about it.

Agency Responsibilities

• conclude a brokerage agreement (standard or exclusive) with the principal;
• attempt to locate and contact the principal in order to conclude a brokerage transaction;
• estimate the market value of the property and inform the client about the average market price of a similar property;
• warn the client about any defects in the property as well as the market situation
• obtain and review documents confirming ownership or other property rights to a given property;
• inform the client about all legal, tax and other obligations arising from the legal transaction concerning the given property;
• perform the necessary activities to present the property on the market,
• enabling the presentation of real estate
• to store the client’s personal data and, upon the client’s written instruction, to keep as business secret the data relating to the real estate for which he is acting as an intermediary or the data related to that real estate or to the business for which he is acting as an intermediary;
• inform the principal of all circumstances relevant to the intended transaction that are known to us or should be known to us;
• mediate in negotiations and strive to reach an agreement;
• verify the intended use of the land that is the subject of the contract in accordance with the spatial planning regulations applicable to that land;
• be present at the conclusion of a legal act (before concluding an agreement or contract); on behalf of the principal, register the necessary documentation in the relevant Tax Office and the land and mortgage register department of the relevant court. relating to this land;

It is considered that the Agency has enabled the principal to establish contact with a third party (natural or legal) with whom he negotiated the conclusion of a legal act, in particular if:

• directly took or directed a third party to the principal to view the property in question;
• organised a meeting between the principal and a third party to negotiate a legal transaction;
• informed the principal of the name, address, telephone number, fax number and e-mail address of the third party authorized to perform the legal act or informed him of the exact location of the requested property.

Obligations of the principal

• enter into a Mediation Agreement (standard or exclusive) with the Agency;
• inform the Agency about all circumstances relevant to the execution of the mediation and provide true information about the property and, if available, provide the mediator with the location, construction or use permit for the property that is the subject of the contract and provide the mediator with evidence of the performance of obligations towards a third party;
• provide the Agency with documents confirming his ownership of the real estate or other property rights to the real estate that is the subject of the contract and warn the intermediary about all registered and unregistered encumbrances that exist on the real estate;
• provide the Agency with all relevant information regarding the requested property, including in particular a description of the property and its price;
• ensure that the Agency and the third party interested in concluding the brokerage transaction view the property in the company of the Agency;
• after concluding a legal act – a preliminary agreement, by which the principal undertakes to conclude a legal act through intermediation, if the Agency and the principal have agreed that the right to pay a commission fee arises from the moment of concluding the preliminary agreement, pay the Agency a commission fee (unless otherwise agreed);
• reimburse the Agency for costs incurred during the mediation that exceed the usual costs of the mediation (if expressly agreed);
• notify the Agency in writing of any changes relating to the work he has authorised the Agency to perform, in particular any changes relating to the ownership of real estate.

The principal is liable for damage if he acted fraudulently, concealed or provided false information relevant to the brokerage activities aimed at concluding a legal transaction. The principal is also liable for damage in the event of intentional or grossly negligent action on his part towards the Agency or a third party directed by the Agency. The principal is not obliged to enter into negotiations for the conclusion of a brokerage agreement with a third party indicated by the intermediary, nor to conclude the agreement itself. In all of the above cases, if the principal did not act in good faith, he is liable for damage and is obliged to reimburse the Agency for all costs incurred during the brokerage, which may not be lower than 1/3 or higher than the agreed commission for brokerage in a given transaction.

Execution of the right to remuneration

The Agency acquires the right to full remuneration for mediation upon conclusion of the Preliminary Agreement, on the basis of which the Client undertakes to conclude the Main Agreement that is the subject of mediation. The remuneration for mediation is paid to the Agency simultaneously or immediately after the conclusion of the transaction in which the Agency mediated. If the Client withdraws during the conclusion of the agreement that is the subject of mediation, they are obliged to reimburse the costs incurred related to the time spent, advertising and other expenses. The Client is obliged to pay the remuneration to the intermediary also in the event that they conclude with a person indicated by the Agency a contract of a different type than the one that was the subject of mediation, provided that this contract is of equal value or leads to the achievement of the same purpose as the contract covered by the mediation. The Agency is also entitled to remuneration in the event that a third party associated with the Client (e.g. spouse, partner, descendant, parent, director or owner of a company) concludes a contract that is the subject of mediation with a person with whom the Agency put the Client in touch. If, within 12 months after the expiry of the brokerage agreement, the Client enters into a contract that is the result of actions taken by the broker before the expiry of the brokerage agreement, he or she is obliged to pay the full remuneration, unless the agreement provides otherwise.

Agent's remuneration

The amount of the intermediary's remuneration is specified in the real estate brokerage agreement. The intermediary's remuneration includes standard brokerage costs (establishing contact between the Client and a third party, checking the legal status of the property, necessary negotiations and preparatory activities for the conclusion of the transaction), with the exception of additional costs that have been agreed separately. In the event that the Client is the buyer, the intermediary's remuneration also includes the following costs: preparation of legal documentation (preliminary contract/main contract, application for entry in the land and mortgage register), notarial costs related to the certification of signatures (without solemnization), court fees for entry in the land and mortgage register. If the Agency, with the consent of the Client, performs additional activities for him/her related to the transaction that is the subject of brokerage, the type and amount of costs of these activities will be specified in the brokerage agreement.

Expiration of the contract

A brokerage agreement concluded for a specified period expires upon expiry of the period for which it was concluded, if during that time no agreement that is the subject of brokerage has been concluded, or may be terminated before the expiry of the agreed period only by written notice by either party, unless the brokerage agreement provides otherwise. If the notice period has not been expressly specified in the brokerage agreement, it is 8 days from the date of receipt of the notice. In the event of termination of the real estate brokerage agreement by notice, the Client is obliged to reimburse the Agency for the costs incurred.

General Provisions and Dispute Resolution

In relations between the Client and the Agency arising from the brokerage agreement, which are not regulated by these General Terms and Conditions or the brokerage agreement, the general provisions regarding the brokerage agreement, as well as other provisions of the Obligations Act and the Real Estate Brokerage Act shall apply accordingly. Any disputes shall be settled by the competent court in Split.