These Terms and Conditions for Ecosystem Enterprises d.o.o. and its brand Plitvice Property Croatia are based on the Real Estate Brokerage Act (NN 107/07) and the Act on Amendment to the Real Estate Brokerage Act (NN 144/12).
TERMS AND CONDITIONS
Terms and Conditions regulate the business relationship between the real estate agency Ecosystem Enterprises d.o.o. (Hereinafter referred to as the “Mediator”) as an intermediary and the Client (natural or legal person).
By signing the Mediation agreement, the client confirms that he is aware of and agrees with the Terms and Conditions of real estate agency Ecosystem Enterprises d.o.o.
1. Offer
Ecosystem Enterprises d.o.o. bases its work on the data that is confirmed to us verbally and in writing. We retain the possibility of confusion, previous sale or withdrawal by the property owner. We are responsible for incorrect data in case of intentional or negligent behaviour on our part. Our offers and notifications must be kept confidential by the recipient (the Client) and only with our written consent may be transferred to a third person.
2. Obligations of Mediators
1. Conclude Mediation agreement with the Client (standard or exclusive);
2. Try to find a third person to connect with the Client for the conclusion of mediated work;
3. Assess the market value of the property and inform the Client about it;
4. Warn the Client on any issues with the real estate and inform the Client about the market situation;
5. Conduct the control of the documents necessary for the validity of the mediated job and present it to the Client;
6. Inform the Client with all legal, tax and other obligations arising from the legal transaction regarding the property in question;
7. Perform the necessary activities for presenting the real estate on the market and publishing the real estate in a manner determined by the Mediator;
8. Enable viewings, organisation and management of the real estate;
9. Keep the personal data of the Client and other information if requested by the Client as a business secret;
10. Inform the Client of all the circumstances relevant to the intended business that we are aware of;
11. Mediate in negotiations and strive to come to an agreement;
12. To facilitate the signing of the agreement (Pre-contract and Contract);
13. To mediate in the transfer of the real estate;
14. In the name of the Client, send the necessary documentation to the Tax Administration and the Land Registry Department of the responsible Court.
The Mediator has enabled the Client to connect with a third party (natural or legal person) with whom he has negotiated about a legal transaction if: he sent or accompanied the Client to the property in question, organised a meeting between the Client and the third party for negotiation about a legal transaction; gave the Client the name, phone number, fax or e-mail address of a third party with the aim of concluding a legal transaction or informed him of the exact location of the real estate in question.
If the recipient of our offer is familiar with some of the real estate we have offered, he/she is obliged to notify us without delay.
The Agent performs the following actions for a Buyer, on the basis of a power of attorney:
a) submit a tax report to the Tax Administration,
b) organise all necessary documentations for the transfer of the utility bills from the Seller to the Buyer,
c) handing over the Real Estate Sales Contract to the Land Registry Department of the responsible Municipal Court in order to transfer the ownership to the Buyer.
3. Obligations of the Client
1. Conclude a Mediation agreement with the Mediator (standard or exclusive);
2. Give the Mediator access to all the documents related to the real estate, proving his ownership of the real estate that is subject of mediation, the construction and usage permit, and the energy certificate.
3. Inform the Mediator about all relevant information, including the description of the property and the price;
4. Provide the Mediator and a person interested in concluding a mediated deal a tour of the real estate, under guidance of the Mediator;
5. To pay the agreed fee (commission) to the Mediator, immediately upon the conclusion of a mediated transaction or a Pre-Contract by which the Client has obliged himself/herself to conclude a mediated legal transaction;
6. To compensate the Mediator for costs incurred during mediation, which exceed the usual mediation costs;
7. Inform the Mediator, in writing, about all the business-related changes for which the Mediator was authorised, and in particular about changes related to the ownership of the property.
The Client is liable for any damage resulting from fraudulent activities, keeping secrets or providing inaccurate information with regards to the mediation work, with an objective to completing the legal transaction. The Client is liable for damages in the case of deliberate or grossly negligent behaviour on his/her part, to the Mediator or a third party sent to him by the Mediator. If this is the case, the parties agree that the Client is obliged to pay the Mediator the costs incurred during the mediation, which cannot be higher than the intermediary fee (commission) for the mediated business.
4. Obtaining the right to compensation
The mediator is entitled to the full compensation at the time of the conclusion of the mediating job (by signing the Pre-Contract), by which the Client was obliged to conclude a mediated legal transaction.
The compensation is paid to the Mediator at the same time or immediately after the conclusion of a legal transaction for which the Mediator has mediated or with the signature of the Pre-Contract of the two Contracting Parties.
If the Client withdraws during the conclusion of the mediated business, he has to pay the actual costs for the time spent, for advertising and for other expenses, in accordance with the intermediary fee.
The Client is obliged to pay the fee even when the Mediator has concluded a legal transaction with the person that the Mediator connected the Client to, that is different from the one for which he mediated, which is of the same value as the legal transaction, or with which the same purpose is achieved as well as the mediated legal transaction.
The Mediator is entitled to compensation if the spouse, an extramarital partner, a descendant or a parent of the Client concludes a mediated legal transaction with the person with whom the Mediator brought the Client in contact.
The fee also covers the usual costs of mediation, other than those specifically agreed. The mediator is entitled to the advance of the intermediary fee only if it is agreed. The Mediator is entitled to compensation even when it is not specifically agreed in the Mediation agreement. The amount of compensation is determined by the mediation fees.
5. Fees
The mentioned percentages are paid as mediation fees and they are subject to VAT (25%).
5.1. Buying
The mediation fee is 1-3% of the eventually agreed real estate price (but not less than HRK 2,500.00).
The Client with whom we have an exclusive Mediation agreement will be charged according to the amount agreed and mentioned in the Mediation agreement.
5.2. Selling
The mediation fee is 3% of the eventually agreed real estate price (but not less than HRK 3,000.00).
The Client with whom we have an exclusive Mediation agreement will be charged according to the amount agreed and mentioned in the Mediation agreement.
5.3. Lease
For a lease agreement (contracted lease term of up to 1 year) 75% of the monthly rental rate is charged.
For a lease agreement (contracted lease term of 1 to 5 years) 100% of the monthly rental rate is charged.
For a lease agreement with a lease term longer than 5 years 200% of the monthly rental rate is charged.
For added value (price increase, contracting of special conditions according to the request of the Client, additional services, etc.) 150% of the monthly rental rate is charged.
A Client with whom we have an exclusive Mediation agreement is charged according to the amount agreed and stated in the mentioned Mediation agreement.
5.4. Mediation fee
The mediation fee, initial cost of advertising the property, including other costs (time spent, production and advertising as well as the other costs related to the mediated job) is 300.00 kn.
5.5. Not included in mediation fee:
a) Administrative or court fees incurred in obtaining the necessary ownership and other documents that are a required for placing real estate on the market.
b) Land Registry Tax Registration Fee
c) The preparation of contracts and documents in the form of public notary documents.
6. The termination of the agreement
Parties may withdraw from the Mediation agreement before the expiry of the agreed deadline only in case there is a justified reason. In this case, the Client is obliged to compensate the Mediator for the costs incurred.
If a Client concludes a mediated legal transaction with a person whom he met through the Mediator within one year from the termination of the Mediation agreement, he is obliged to pay the Mediator the entire mediation fee.
A Mediation agreement concluded for a limited period may be terminated before the expiry date with a written cancellation of either of the contracting parties.
If the notice period is not explicitly defined by the Brokerage agreement, the notice period is 8 days from the receipt of the notice. The Client is obligated to compensate the Mediator for the costs incurred.
7. General provisions and dispute settlement
The Terms and Conditions regulate the business relationship between Ecosystem Enterprises d.o.o. and a Client (natural or legal person). By signing the Mediation agreement, the Client confirms that he/she understands and agrees with the Terms and Conditions.
Relations between the Mediator and a Client arising from the Mediation agreement which are not regulated by these Terms and Conditions or Mediation agreement, shall be regulated by the General provisions of the Mediation agreement as well as the provisions of the Civil obligations Act.
Any disputes arising from the Mediation agreement will be resolved amicably or by the Municipal Court in Karlovac.
Rakovica, April 2021.
Chiel van der Voort
Director
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