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RPC GENERAL TERMS AND CONDITIONS - RPC Estates d.o.o.
Real Estate Agency in Croatia


RPC GENERAL TERMS AND CONDITIONS



RPC ESTATES d.o.o, Real Estate Agency
Svibovec Podravski, Dravska 81
OIB: 0245369368
MBS: 080639209


RPC GENERAL TERMS AND CONDITIONS



GENERAL PROVISIONS

Article 1.


  1. The General Terms and Conditions of Real Estate Brokers (hereinafter: General Terms and Conditions) regulate the business relationship between a real estate brokerage agency (hereinafter: the Broker) and natural and / or legal persons (hereinafter: the Principal) who enter into a Real Estate Brokerage Agreement with the Broker. By concluding the Mediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of the Mediator.

Article 2.


  1. Some terms and names contained in the text of these General Terms and Conditions have the following meaning:

BROKER in real estate - RPC estates d.o.o, an agency for real estate and brokerage registered in the Register of real estate brokers No: 212/2019.

INTERMEDIATION in real estate transactions - are all actions of Real Estate Agents related to connecting the Client and a third party and negotiations and preparation for concluding legal transactions which are the subject of a particular real estate, especially in the purchase, sale, lease, lease and other .

AGENT- A real estate broker - a natural person registered in the Directory of real estate brokerage agents, No:208-2019

CLIENT is a natural or legal person who concludes a written Brokerage Agreement with a Real Estate Agent (seller, buyer, lessee, lessor, lessee or other possible participants in real estate transactions).

THIRD PERSON (hereinafter referred to as the Third Party) is a person that the Real Estate Broker seeks to connect with the Client for the purpose of negotiating the conclusion of Legal Transactions the subject of which is real estate. The third party under these conditions is the owner of the real estate, the owner's proxy, the buyer, the lessor or the lessee, the buyer's proxy, the seller, the lessor or the lessor, the seller's, the lessor's or the lessor's proxy.


Article 3.



OFFERS MADE BY THE AGENCY: RPC ESTATES d.o.o.

  1. An offer made by RPC estates Agency contains data received in writing or orally by the Client. RPC estates reserves the possibility of error / confusion in the description and price of the property that may occur due to incorrect data or changes in the terms of sale by the Client and not submitted in writing and there is a possibility that the advertised property has already been sold, rented or the owner has given up , rent or lease.
  2. Offers and notifications from the agency RPC estates to the recipient - The Client must keep as a business secret and, only with the written approval of the Agency, may transfer them to third parties. If the recipient of the offer is already familiar with the real estate offered to him by the RPC estates Agency, he is obliged to inform the agency without delay.
  3. Real estate prices are quoted in euros and payable in kunas.

Article 4.



OBLIGATIONS OF RPC ESTATES - INTERMEDIARY

  1. To enter into a Brokerage Agreement with the Client in writing (a standard or an exclusive-exclusive agreement).
  2. Try to find and contact the Client, a third person who would negotiate with him on the conclusion of a contract for the sale, lease or lease of real estate, exchange.
  3. To familiarize the Client with the average market price of a similar property.
  4. To advise the Client of legal and physical defects of the real estate known to the Agency.
  5. To obtain from the Principal (seller) and to inspect the documents proving the ownership or other real right to the property and warn the Principal of the obvious shortcomings and potential risks due to any unregulated land registry condition of the property.
  6. To undertake all necessary actions to present the property on the market and advertise the property in a manner that it is authorized to do so.
  7. To organize a property inspection/viewing.
  8. To keep the personal data of the Client and, upon a written order of the Client, to keep as a business secret the data on the real estate for which he mediates or in connection with that real estate or with the business for which he mediates.
  9. To mediate in negotiations and try to reach a legal deal if he has explicitly committed to it by the Agreement.
  10. The Agency may also perform the following actions for the Client in which case it is entitled to a cost as determined by these General Terms and Conditions:
  • Organize the notarization of the signatures of the contracting parties
  • In case of using a bank loan, perform all actions for the realization of a legal transaction
  • Submit a tax return to the competent tax administration
  • Submit a proposal for registration of real rights to real estate that was the subject of the Mediation Agreement to the competent land registry department
  • Engage the professional assistance of a lawyer to compile the necessary documents and provide legal opinions
  • Submit valid overhead transfer documentation
  1. It is considered that the RPC estates Agency has brought the Client into contact with a Third Party and has performed the mediation service if the Client has been enabled to contact a Third Party for the purpose of negotiating the conclusion of a Legal Transaction, and in particular if:
  • Directly take or sent the Client - the buyer (or the Representative of the Client) or a Third Party for a tour of the subject property
  • To organise a meeting between the Principal and the Third Party to negotiate a legal transaction, communicated to the Principal or representative the name, telephone number, mobile phone, e-mail or other information of the Third Party or communicated the exact location of the requested real estate or land registry data.

Article 5.



OBLIGATIONS OF THE CLIENT/ORDERING PARTY

The obligations of the Principal arising from the Real Estate Brokerage Agreement concluded with the RPC Real Estate Agency - Broker are:

  1. Enter into a Brokerage Agreement with the Broker-Agency RPC estates (standard or exclusive) in writing
  2. Inform the Broker about all circumstances important for the mediation and provide accurate information about the property and if it has to give the Broker a location, construction or use permit for the property that is the subject of the Agreement and provide the Broker with evidence of fulfillment of obligations to third parties
  3. Obtain and 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 unregistered and registered encumbrances that exist on the real estate. If the Client is a legal entity, he is obliged to present proof that the natural person who is the signatory of the order is authorized to represent the legal entity.
  4. Provide the Broker with a tour of the property in the presence of others.
  5. Notify the Broker in writing of all new relevant information about the requested property, which includes in particular the description, ownership status and price of the property
  6. Immediately after concluding the mediated Legal Transaction, ie the Preliminary Agreement by which he undertook to enter into the mediated Legal Transaction, if the Intermediary and the Client have agreed to pay the Intermediary fee (commission) with the obligation to pay the Intermediary Fee (commission) unless otherwise agreed
  7. Immediately after concluding the legal transaction and if the Mediator was not present at the conclusion of the same, submit a copy of the concluded (pre) contract to the Mediator. Otherwise, it will be considered that the Client has grossly violated the obligations under the Mediation Agreement
  8. Reimburse the Intermediary - RPC estates costs incurred during mediation in accordance with the Agreement and these Terms
  9. The Client will be liable for damages if he failed to provide the Mediator or provided incorrect information relevant to the brokerage business
  10. If there is a conclusion of a Legal Transaction for which the Mediator has mediated between the Client and a Third Party, or if the conclusion of the Legal Transaction is a consequence of the Mediator's actions in terms of Article 4.11 of these General Terms and Conditions, the Client is obliged to pay the Broker an agreed brokerage fee

Article 6.



RIGHT TO COLLECT BROKERAGE FEE

  1. The Mediator acquires the right to collect the brokerage fee at the time of concluding the Legal Transaction for which he has mediated between the Client and the Third Party, as well as in another way as provided by the Agreement or these Terms
  2. The legal transaction is considered concluded when the Client and the Third Party have agreed on the subject of the Agreement and the price, ie at the time of concluding the Agreement, Preliminary Agreement and / or depositing the down payment for the mediated legal transaction
  3. According to these Terms, the legal transaction mediated is also the complete when the Client concludes the Contract, Pre-Contract and / or deposits a deposit

Article 7.



AMOUNT OF INTERMEDIARY COMMISSION

  1. The amount of brokerage fees for mediation in the sale, exchange, lease and rental of real estate is charged in accordance with the Brokerage Agreement
  2. The Client is also obliged to pay a fee to the Mediator when he is with a person with whom the Mediator brought him into contact and concluded a legal transaction different from the one for which the mediator was mediated
  3. If it follows from all the circumstances that the Client, in order to avoid paying the commission, left the Legal Transaction to be concluded between related persons (marital or extramarital other descendant or ancestor or a person legally or de facto connected) and a Third Party with whom the Client's Mediator brought in this case, the Client will be obliged to pay the Broker a contractual penalty in the amount of the agreed fee - commission according to the expected agreed price
  4. The amount of the brokerage fee is freely determined by the Real Estate Brokerage Agreement, all in accordance with Article 27 of the Real Estate Brokerage Act

The following percentages are paid as an intermediary fee:

BUYING

The commission of the RPC estates Agency amounts to how much the Client and the Broker contract with the Brokerage Agreement up to a maximum of 30% of the achieved amount of the purchase price of the real estate, as the contracting parties agree in each individual case

The commission is charged from the buyer if it is contracted or if the RPC estates Agency has received a written or oral order to obtain a property

In the case where RPC estates has an exclusive brokerage contract, a commission is charged according to the amount agreed and specified in the contract

SALE

The commission of the RPC Agency estates as much as the Client and the Mediator contract with the Brokerage Agreement up to a maximum of 30% of the achieved amount of the purchase price of the real estate as agreed by the contracting parties in each individual case

For the Client with whom the RPC estates Agency has an exclusive intermediary Contract, the commission is charged according to the amount specified in the Contract

EXCHANGE

The commission of the RPC estates Agency is as much as the Client and the Broker agree on a brokerage contract up to a maximum of 30% and is charged by each party in exchange and the percentage is calculated from the value of the real estate acquired by the exchange

RENT / LEASE

In the case of a Lease / Lease Agreement, a percentage of the amount of the monthly rent is charged as follows:

Commission from the landlord - 100% of the monthly rent

Commission from the tenant - 100% of the monthly rent

The amount agreed in the Contract will be charged

  1. If the RPC estates agency realises the right to the brokerage fee and / or any other right related to the brokerage fee without concluding the intended Agreement or pre-agreement between the Client and the Third Party or if the RPC estates Agency cannot determine the value of the contract price because the Client withholds this information or for any other reason in that case the RPC estates Agency will be authorized to calculate the brokerage fee taking into account the expected price from the Brokerage Agreement
  2. If the Brokerage Agreement stipulates that the Broker has the right to collect the brokerage fee after the conclusion of the pre-agreement, the agreed commission percentage will be calculated at the agreed price from the pre-agreement
  3. RPC estates d.o.o is not registered for the collection of VAT

Article 8.



INTERMEDIATION AGREEMENT

  1. The Real Estate Brokerage Agreement obliges the Broker to try to find and contact a person with the Client for the purpose of negotiating and concluding a Legal Transaction on the transfer or establishment of a certain right to real estate and the Client undertakes to pay him a certain brokerage fee when the Legal Transaction is concluded. , ie at the time of concluding the Contract, Preliminary Contract and / or down payment
  2. The contract on real estate brokerage is concluded in writing for the period defined in the contract
  3. The Contract concluded between the Intermediary and the Principal must truthfully, accurately and completely contain information on the Intermediary, the Principal, the type and essential content of the work for which the Intermediary mediates, real estate, brokerage fees and possible additional costs incurred when the Intermediary in agreement with the client performs for him other services related to the business that is the subject of business Art. 4/10 of the General Terms and Conditions
  4. At the insistence of the seller, the broker may, based on his verbal order, perform the real estate advertising service on his website and record it in the brokerage diary, and when the potential buyer is interested in the real estate, he will inform the seller and sign a brokerage contract if the seller wishes to sign, while otherwise the Intermediary is not obliged to bring the potential buyer into contact with the seller
  5. The Intermediary may refuse to enter into an Intermediation Agreement with the Client on the basis of its sole discretion
  6. If the real estate is co-owned by several persons, the written consent (power of attorney) of all co-owners or representatives of all co-owners of the real estate is required in the form of acceptance of the Mediation Agreement

Article 9.



EXCLUSIVE MEDIATION

  1. With the mediation contract, the Client may undertake not to hire any Intermediary for the mediated work (exclusive mediation), which obligation must be explicitly agreed
  2. If during the duration of the Exclusive Mediation Agreement the Client has entered into a legal transaction through the Intermediary through another intermediary, for which the exclusive intermediary was given a mediation order, he is obliged to pay the exclusive intermediary the agreed brokerage fee and possible additional actual costs incurred during the mediation
  3. When concluding the Mediation Agreement, the Mediator is obliged to warn the Client of the meaning and legal consequences of this clause
  4. In the case of concluding an Agreement on exclusive mediation, the Client is obliged to refer every third person, who would in any way express interest in the real estate that is the subject of business.

Article 10.



DURATION AND TERMINATION OF INTERMEDIATION AGREEMENT

  1. A mediation contract concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded, if the contract for which the mediation was concluded was not concluded within that period or by the termination of any of the contracting parties.
  2. Each party is authorized to terminate the Agreement in writing which must be sent to the other party. The Client may cancel the mediation order provided that the revocation is not contrary to the principle of good faith, however, the cancellation procedure may not fall into a storm with the intention of depriving the Mediator or knowingly damaging the right to compensation
  3. The Principal and the Mediator are obliged to cancel each other's Agreement in writing at least 30 days before its expiration if they do not want to continue the contractual relationship of mediation. In the event that neither party terminates the Agreement before the expiration of the Agreement and the Intermediary continues to provide services after the expiration of the Agreement, the Mediation Agreement is automatically extended for a further period for which the Agreement is concluded.
  4. If the Client during the duration of the mediation order or after its cancellation / revocation not longer than two years by the Mediator enters into a legal transaction with a person with whom the Mediator brought him into contact or concludes it through another intermediary and who brought him into contact with a third party The mediator will be considered to have acted against his conscience (in the sense of Article 12 of the Law on Obligations) and is obliged to pay the mediation fee in full.
  5. It is considered that the conclusion of a legal transaction is a consequence of the Mediator's actions if the Mediator has performed any activity with the aim of enabling the Client to contact a Third Party for the purpose of negotiating a legal transaction and all in terms of Art. 4/11 of these General Terms and Conditions
  6. If the Client without a valid, objective and legally acceptable reason withdraws from the already agreed sale for which he accepted the offer of a Third Party, he is obliged to compensate the Broker for all damages if he did not act in good faith and all costs and expenses spent during the brokerage. be higher than the brokerage fee for the brokered job
  7. If the Client concludes a legal transaction with a Third Party, he is obliged to notify the Broker in writing within 4 (four) days of the termination of the mediation obligation or termination of the Brokerage Agreement and is obliged to pay the Broker the brokerage costs agreed upon by the Client.

Article 11.



RESPONSIBILITY OF THE AGENCY RPC estates

  1. The Client or the Third Party is obliged to obtain, obtain and submit for inspection to the RPC estates Agency and the Third Person (or the Client) all the documentation necessary for the conclusion of the intended legal transaction
  2. RPC estates agency is not responsible for the truthfulness and authenticity of the documentation obtained by the Client and / or the Third Party
  3. RPC estates will, to the best of its knowledge, warn of obvious illogicalities or deficiencies of the property that may be noticed with the attention of the average agent in mediation but is not responsible: for any incorrect, inaccurate or incomplete information communicated to the Agency by the Client and / or Third persons as well as for possible legal and / or factual deficiencies on the real estate that is the subject of the legal transaction, including unsettled land registry status, inconsistency of land registry and cadastral status, illegality of the building, etc.
  4. The Agency does not bear any responsibility in case of possible legal invalidity of the contract or any disputed relations unless it is known to the Agency and the Agency has not warned the Client about it. The possible invalidity of the (pre) contract between the Client and the Third Party does not affect the right of the Agency to collect the brokerage commission.

Article 12.



RIGHT TO REIMBURSEMENT OF COSTS

  1. The Agency will have the right to be reimbursed for all actual costs incurred in performing the mediation service and performing preliminary work that preceded the mediation service, in particular: travel expenses, entertainment expenses, advertising costs, per diems, hotel accommodation, documentation costs, professional assistance costs. , (lawyers, geodetic, etc.) the cost of preparing documentation, the possible cost of banking services, etc.
  2. The Agency will have the right to claim the relevant cost from the Principal immediately upon their occurrence and their amount will be determined according to the actual costs incurred.
  3. If the Client cancels the order or refuses to enter into negotiations for a brokerage deal with a Third Party found by the Broker or refuses to conclude a legal deal with it or if the Client withdraws from the sale of the property at the time of sale or immediately before the sale a certain amount of the contractual penalty for damages from the Mediation Agreement or these General Terms and Conditions Art. 10/6, a lump sum of costs incurred during mediation in the amount of 1/3 of the contracted brokerage commission calculated on the basis of the expected price from the Commission Agreement, or if the actual costs exceed that lump sum in that case the agency will be entitled to the full amount.

Article 13.



COMMUNICATION

  1. Communication between the Agency and the Client and the Agency and the Third Party will take place by phone (sms, messages via social networks and Whatsapp applications, Viber, etc.) by e-mail and by regular mail.
  2. All communication between the Agency and the Principal sent in the manner provided for in the preceding paragraph shall be deemed valid unless the Agreement or these General Terms and Conditions provide for a special mode of communication in certain cases.
  3. All correspondence that will take place on the route Agency - Third Party - Principal as defined in paragraph 1 of this Article shall be considered valid in terms of supporting the execution of the service of bringing a Third Party in connection with the Principal

Article 14.



AVAILABILITY OF GENERAL CONDITIONS

  1. General business conditions are available in the official premises of the RPC estates Agency at its headquarters in Svibovac Podravski, Dravska ulica 81 where they are displayed in a visible and accessible place in accordance with the Law and on ruralpropertycroatia.com

Article 15.



FINAL PROVISIONS

  1. RPC estates d.o.o - ruralpropertycroatia.com reserves the right to update or change the terms of use at any time without prior notice
  2. If the Contracting Parties, the Principal and the Intermediary define their contractual relations differently than described in these General Terms and Conditions, the provisions of the Intermediation Agreement shall apply.
  3. The provisions of the applicable law on real estate brokerage, ie the applicable Law on Obligations of the Republic of Croatia, the applicable law on general legal procedure and others apply to relations between the Broker and the Principal and third parties concerned and which are not regulated by these General Terms and Conditions or the Brokerage Agreement. of applicable laws in force in the Republic of Croatia
  4. In the event of a dispute between the parties that could not be resolved amicably, the jurisdiction of the Municipal Court in VaraĹždin shall be determined.
  5. These general terms and conditions enter into force and apply on 01.05.2020
  6. On the day these General Terms and Conditions enter into force, all previous General Terms and Conditions shall cease to be valid


At Svibovec Podravski, 01/05/2020




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