In accordance with the provisions of the Mediation Act in Real Estate, (NN 107/07), Agency Duos Ltd., Jose Markova 1, 22243 Murter brings General Terms and Conditions :
General Terms and Conditions of business mediators in real estate (hereinafter referred to as General Terms and Conditions) regulate the business relationship between the agency in real estate (hereinafter referred to as Mediator) and natural or legal person (hereinafter referred to as the Principal) that the mediator makes a written agreement of mediation (mediation contract or the agreement of mediation ) concluded between mediator and principal (standard or exclusive).
General Terms and Conditions are an integral part of the agreement of mediation concluded between mediator and principal. Principal signing mediation contract or the agreement of mediation confirms that he is familiar with the provisions of General Terms and Conditions and accepts them, unless the contractual relationship with the mediator is not otherwise defined by the agreement. Mediator performs his duty with professional diligence. If the Mediator has Principal from two sides (Buyer and Seller, etc ...), cares of the interests of both sides, maintaining a balanced position in relation to the interests of both Principals.
Certain terms of these General Terms and Conditions have the following meaning:
- Real estate broker - DUOS Ltd., Jose Markova 1, 22243 Murter, MBS: 1935895, OIB:71685047762
- Mediation in real estate business - actions of real estate Mediator related to the preparation and the connectionof Principals (Buyer or Seller, etc ...) and the third party (Buyer or Seller, etc ...), negotiation (if agreed) and preparation of the conclusion legal transactions, which subject is a property, especially by buying, selling, exchange, lease, rental, etc.
- Principal - is a natural or legal person which with the Mediator enters into a written contract or agreement of mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
- A third party (also the Principal, mutual mediation) - is a person which Mediator tries to connect with the Principal for the negotiations over concluding a legal transaction for the subject property.
- Real estate offer - on the website of the mediator, in the media, and other written and electronic media, is an invitation to enter into the contract or agreement of mediation for the Principal (customers, tenants, etc...), to prepare connection through Mediator with third parties (sellers, lenders, etc...), for the already known and advertised real estate by Mediator.
- Mediation contract or agreement of mediation - a written document under which the Mediator performs acts of mediation for all participants in real estate business.
- Brokerage fee - the amount that the Principal is obliged to pay to the mediator for mediation services, under a mediation contract or the agreement of mediation if is not otherwise agreed.
- Confidential information by purchasing real estate - the information that are not a general character, ie: the exact location regarding to address, street and house number of the property, the number of cadastral parcels or land registry file properties, name, phone number, address of the Principal, etc. Confidential information are provided only after the conclusion of the mediation contract or the agreement of mediation between the Principal and Mediator.
- Information of general caracter by the purchase of real estate - village where the property is located, the starting price, the arrangement of ownership, legality of property, size, etc. ..
- Mediation contract or the agreement of mediation concluded by e-mail (Electronic Document Act NN 105/05 and Act of Electronic Commerce NN 173/03, 67/08, 36/09, 130/11) - Contracts may be concluded by electronic way or in electronic form. Offer and acceptance of the offer may be made electronically, or in electronic form. When an electronic message or electronic form is used in making the contract, such contract shall not be denied legal validity solely on the basis of the fact that it is composed in the form of electronic messages, or in electronic form. The obligatory legal relations arising out of or in connection with contracts concluded by electronic means or in electronic form shall apply the provisions of the Law of Obligation, or the appropriate regulation that governs the contractual relations. This fulfills the obligation on the basis of ZPPN, NN 107/07 that the mediation contract or the agreement of mediation must be in writing.
Real estate offer
The current mediator's bid a and the demand for property for known Principal is based on data that is received in writing or orally by the Principal and is conditioned by mediation contract or the agreement of mediation.
We reserve the possibility of confusion, preemption or revocation of the property owner. For false information in the case of deliberate or extremely reckless behavior, we take responsibility. The beneficiary (the principal) have to take care confidentialy of our offers and notices, and only with our written permission, he may transfer it to a third person.
If the Principal is already familiar with the property that we offered him, or if the Principal has been in contact with third partie with whom is associated by mediator, is obliged without delay even in the mediator's business space to notify us, and if the offer was made by the Mediator by other means (e-mail, fax, letter), the Principal shall notify the Mediator in writing (immediately, within 24 hours of submitted bid) and via electronic mail (e-mail), fax or registered mail, with information tour date and name of another mediator, or the name of the person who led him. In the event that the Principal does not warn the Mediator in due time shall be deemed to have made contact through Mediator (Duos Ltd.).
Obligations of mediator
- Identify the Principal (buyer, seller, etc ...) based on the identity card or passport, etc ...
- The conclusion of the mediation contract or the agreement of mediation with the principal in a writing form (standard or exclusive);
- Try to find required property or a third person and acquaint these with the Principal in order of the mediation closure;
- Give opinion on the fair market value of the property and meet the Principal with it;
- Warn the Principal about disabilities of the real estate and inform the Principal with the market conditions;
- Insight into documents necessary for the validity of the mediation process that prove ownership or other real right on subject property and alert the Principal to the obvious shortcomings and the possible risks related to the disordered state land property, registered real rights or other rights of third parties on the property;
- Inform the principal about his legal, tax and other obligations that result because of the property legal work, the legal consequences of failure to meet obligations to a third party, the shortcomings of the building or use permit pursuant to separate law;
- Implementing the necessary measures to ensure property representation on the market, advertising the property by Agency`s vision and executing all other measures that are agrees with the mediation contract. The agency has a right to special, previous determined costs;
- Provide an overview of the property;
- Personal data of the principal and all other data on behalf of the principal are official secret
- Inform the principal about all important circumstances that are known;
- Mediate in the negotiations and make every effort that leads to the conclusion of the legal work (contract), if committed to it;
- Participation in the closure of the contract (option and purchase agreemnet) if committed to it;
- Participation in the transfer of the property if committed to it;
- Assistance in registration of title and application of tax liability, if committed in this
- The Mediator has no obligation, legal (information about the real state of real estate) or demanding (ie indemnity insurance towards to third parties) to the parties which do not have signed mediation contract or the agreement of mediation beacause Mediator without that does not give any mediation services in real estate business.
Obligations of the principal
- Provide/submit documents for review to identify the Principal (identity card, passport, etc...);
- Conclude mediation contract or the agreement of mediation with Mediator (standard or exclusive);
- Approve an insight in all documents which improve the ownership rights or other property rights. Warn the Mediator about registered and unregistered encumbrances of the property;
- Inform Mediator about any circumstances that are important to perform mediation and give the accurate information about the property, and if has to give for insight location, building or use permit for property that is the subject of the contract and give to Mediator for insight evidence of meeting obligations to a third party;
- Insure a visit to the property in presence/wake of Mediator and a third person who is interested in the closure of a mediation contract;
- Inform the Mediator about all relevant data – especially about property description and the price of the property which is very important for the mediation;
- Pay the brokerage fee, immediately after closing of the mediation or pre-contract settle the agreed commission (provision) to the Mediator, if on the basis of pre-contaract goes first transaction/payment of (deposit, advance...) purchase price,
- If it is expressly agreed to compensate costs to the Mediator incurred during mediation that exceed the usual costs of mediation,
- Inform the Mediator in writing of any changes related to the job for which he authorized Mediator, and particularly the changes associated with price and ownership of the real estate.
Principal is not obliged to enter into negotiations for the conclusion of the mediation process with a third party that Mediator has found, or enter into a legal business, and the provision of the contract which is agreed otherwise, is not valid. The Principal will be liable for any damage if he did not act in good faith and shall compensate all costs incurred during the mediation, which can not be greater than the total brokerage fee for the mediated business.
The Principal is liable for damages if he has acted fraudulently, if he failed or gave incorrect information relevant to the work of mediation which brings to conclusion of the legal work. The Principal is liable for damages in case of deliberate, extremely negligent behavior to the Mediator or to third party with whom Mediator brought him into connection, or was sent by the Mediator.
It is to believe that the Mediator allows to Principal to make contact with third parties (natural or legal person) with whom he (Principal) negotiated about conclusing contract, especially if he was sent or guided (by the Mediator) to take took a tour of the property, if Mediator organized a meeting between the Principal and the third party for for negotiation of a conclusion of a contract, if the Mediator gave to principal name, telephone number, fax number, e-mail of a third party which is authorized to enter into a legal transaction (conclusion of a contract) or gave him the exact location of the requested property.
If within two years after termination of the mediation contract or the agreement of mediation Principal enters into a legal transaction (conclusion of a contract), with the person with whom he was associated by the Mediator, and for which the Mediator mediatecd during the mediation contract or the agreement of mediation, the Principal is obligated to pay the brokerage fee to Mediator in full.
The Mediator has right to compensation in full at the time of conclusion contract (legal work), Principal commited himself, unless otherwise agreed. The fee should be paid to the Mediator at the same time or immediately after the conclusion of the legal work for which the Mediator mediated or by signing the preliminary contract or contract of the two Contracting Parties and by the first transaction of funds.
If the Principal cancels the conclusion of the mediation process he is required to pay the actual cost in terms of time consumption, advertising and other costs, according to the brokerage fee or by a written statement, booking, etc ...
Principal shall pay the fee and when with a person with whom he was associated by the Mediator concluded transaction that is different from that which was mediated, which has the same or similar value as mediated legal business with whom achieves the same purpose as with mediated legal business.
The fee covers the common costs of mediation, except those specifically contracted. The Mediator has the right for compensation when it is not in mediation agreement specifically listed. The amount of compensation shall be determined by brokerage fee.
Termination of contract
Mediation contract or the agreement of mediation is concluded for a period of 12 months and expires upon the expiration date, unless within that period is extended a or by cancellation of any of the parties.
When the contract expires, the contracting parties to each other have no claims. Principal is obligated to reimburse incurred costs to the Mediator which were expressly agreed that the Principal pays them.
Settlement of disputes
The relationships between the Principal, Mediators and third parties, arising out of mediation contract or the agreement of mediation which are not governed by these General Terms and Conditions, neither trough mediation contract or the agreement of mediation are applied provisions of the Mediation Law, Obligations Law, Law about General Administrative Procedure. Possible disputes will be resolved in the Court of competent jurisdiction.
An integral part of the General Tems and Conditions is the price list of brokerage services, which is on a visible and accessible place highlighted in the Mediators office space, together with the General Terms and Conditions.
This amendment of the General Terms and Conditions of 26.04.2009. is valid from 11.06.2012.
Paulo Bašić, director