TERMS OF BUSINESS
GENERAL CONDITIONS OF BUSINESS DEALINGS OF GALERIJA NEKRETNINE LTD AGENCY, 13 PARTIZANSKA STREET, POREČ
The offer of the mediator is based on data which it receives in written or oral form so it has to be confirmed.
OBLIGATIONS OF THE MEDIATOR
1. Acting as a mediator, the Agency is taking the obligation of closing a contract on real-estate mediation with the ordering party;
2. Protecting the personal information of the ordering party, as well as other data as requested by the ordering party, as a business secret;
3. Conducting all the activities necessary for the marketing and promotion of a property placing ads in advertisement publications chosen by the agency;
4. Presenting of the property to potential buyers;
5. Mediation in the negotiating process and work on a legal transaction being closed;
6. Mediation in the handover of a property.
The Agency is seen as enabling the ordering party (the seller of a property) to get in contact with a third party (natural or legal person) with whom the ordering party had been in negotiations with for the closing of a legal transaction and particularly if the ordering party had been taken to the property by an agency agent or provided with the directions (the buyer of the property) on where the property in question can be viewed, organizing a meeting between the ordering party and a third contractual party with the aim of closing a legal transaction; providing the ordering party with name, telephone number, fax number, e-mail address of the third party which is authorized for the closing of a legal transaction or had disclosed the exact location of the sought after property.
OBLIGATIONS OF THE ORDERING PARTY
1. Obligations of the ordering party – seller of the property
1.1. Closing a contract on mediation with the Agency.
1.2. Supplying the Agency with all the documents that prove that the ordering party is the owner of the property in question which is the object of the mediating deal.
1.3. Informing the Agency of all the important data, which include the description and the price of the property.
1.4. Securing the viewing of the property to the Agency and the person interested in closing the mediation deal the viewing of the property in the presence of the mediator.
1.5 By signing the pre-contract or contract which obligates him/her to conclude the mediation legal transaction agrees to pay the agency its commission.
1.6. Reimbursing the Agency the costs it incurred in the course of its mediation which surpass the regular costs in the mediation process.
1.7. Informing the Agency in written form about all the changes regarding the job it had authorized the Agency to carry out and particularly the changes in connection with the ownership of the property.
The ordering party will be held responsible for all the damage that might result from him/her acting in a fraudulent manner, if he/she had held back or provided incorrect data, including deliberate or decidedly negligent behavior on his/her part towards the Agency or toward a third person involved in the contract who had been sent by the Agency. If that is the case, the parties in the contract agree that the ordering party is obliged to cover the costs incurred in the mediation process by paying the Agency, the costs not being higher than the mediation commission for the job that was mediated.
2. OBLIGATIONS OF THE ORDERING PARTY – THE BUYER OF A PROPERTY
2.1. Concludes a contract on mediation.
2.2. Pays the Agency the agreed commission, immediately after the mediation job had been concluded i.e. by signing the pre-contract or contract through which her/she had taken up the obligation to conclude the mediated legal transaction.
2.3. Exercising the right to compensation
The Agency acquires the right to compensation in full at the moment of the conclusion of the mediated job by the signing of the pre-contract or contract, which obligates the ordering party to conclude the mediated legal transaction. The compensation is paid to the Agency at the very time of or immediately after the conclusion of the legal transaction that the Agency has acted as a mediator for.
In case the ordering party backs out during the course of the conclusion of the mediation job, he/she is obliged to bear the real costs regarding the time spent, advertising costs and other costs, all in line with the mediation tariffs.
The Agency has the right to a commission if descendants either born within a marriage or out-out-wedlock or a parent of the ordering party conclude the mediated legal transaction with the person which the Agency had brought the ordering party into contact with.
Mediator commission stands at 2-3.5% of the achieved price of the property.
The mediator commission stands at 2-3.5% of the achieved property price.
It is defined during the signing of the Contract on mediation.
The parties can withdraw from the Contract on real-estate mediation before the agreed term, but they have to cancel the contract in writing.
GENERAL PROVISIONS AND DISPUTE RESOLUTION
The relations between the ordering party and the Agency pertaining to this contract on mediation which have not been regulated by these general conditions of the contract on mediation are indirectly regulated by the general provisions of the contract on mediation, as well as other regulations of the Civil Obligations Act.
The Municipal Court in Poreč is authorized in case of possible legal disputes.
Poreč, March 8th, 2017