The meaning of the terms included in the General Terms
Individual terms within these General Terms have the following meanings:
1. The broker in real estate trade is Estiems Real Estate d.o.o., Sokol Kula 4, Rijeka, Croatia, trading company which fulfils the conditions for carrying out the activities of real estate brokerage as prescribed in the Real Estate Brokerage Act (hereinafter: Broker).
2. The brokerage agent in real estate trade is a natural person registered in the Directory of Agents in Real Estate Trade and as such is employed with the Broker (hereinafter: Agent).
3. Real estate brokerage constitutes activities of the broker in real estate trade that are related to connecting the Ordering party and a third party and the negotiations and preparations for concluding legal transactions which have a specific real estate as their subject, especially in buying, selling, exchanging, leasing, renting, etc.
4. The Ordering party is the natural or legal person that concludes a written brokerage contract with the Broker (seller, buyer, lessee, lessor, renter) and other potential participants in real estate trade - hereinafter: Ordering party).
5. The third person is a legal or natural person that the broker in real estate trade is attempting to connect with the Ordering party for the purposes of negotiating the conclusion of legal activities the subject of which is a specific real estate (hereinafter: Third Person).
The offer of the Broker shall be based on data received in written and/or in spoken from the owner of the real estate offered for sale, purchase, exchange, rent or lease, and on the data contained in the written or spoken orders of the Ordering party.
The Broker shall not be held responsible in case of a mistake in the description or price of the real estate, and shall not be held responsible if the real estate owner withdraws from the brokered legal matter.
Brokerage contract in real estate trade
A brokerage contract in real estate trade (hereinafter: Contract) indicates the obligation of the Broker to attempt to find and connect a Third Person with the Ordering party for the purpose of negotiating and concluding the legal matter on transferring or founding a specific right to real estate, and the Ordering party is obliged to pay a specific brokerage fee to the Broker (hereinafter: Fee) if that legal matter is concluded.
The Contract shall be concluded in written form for a specified period.
If the contracting parties do not specify the term for which the Contract is concluded in the Contract itself, the Contract shall be considered to be concluded for the specific period of 12 months starting from the day of concluding the Contract and it can be extended by the agreement of the parties multiple times.
Termination of a brokerage contract
A brokerage contract concluded for a specific period shall cease when the term for which it was concluded expires if a brokered contract is not concluded in that period or if a contracting party terminates it.
The Ordering party shall repay the Broker for incurred costs for which it was specifically contracted that they shall be paid separately by the Ordering party.
If within a period no longer than the duration of the concluded Contract after the cessation of that Contract the Ordering party concludes a legal transaction that is primarily the consequence of the Ordering party's activity before the cessation of the Brokerage Contract, the Ordering party shall pay the brokerage fee to the Broker in whole, unless the Contract specifies differently.
The Ordering party may commit by the Contract not to hire another broker for the brokered legal activity (exclusive brokerage). This obligation shall be specifically contracted.
If during the Exclusive Brokerage Contract the Ordering party concluded a legal transaction with another broker that does not include the Broker, and for which the Broker was provided a brokerage order, the Ordering party shall pay to the Broker the contracted Brokerage Fee (Commission) and the actual costs incurred during the brokerage (if the costs were specifically contracted). If the amount of the Fee was not contracted, the Ordering party shall compensate the Broker for the actual costs incurred during the brokerage which cannot be higher than the fee for the brokered activity.
When concluding an exclusive brokerage contract, the Broker shall specifically warn the Ordering party about the meaning and legal consequences of this clause.
An Exclusive Brokerage Contract concluded for a specific period shall cease when the date for which it was concluded expires if a contract for which brokerage was required is not concluded, or by termination by one of the contracting parties in accordance with the provisions of the concluded Exclusive Brokerage Contract.
The Ordering party shall compensate the Broker for the incurred costs for which it was specifically contract that they are paid by the Ordering party.
If within a period no longer than the duration of the concluded Exclusive Brokerage Contract after the termination of that Contract the Ordering party concludes a legal transaction which is primarily a consequence of the Broker's activity prior to the termination of the Exclusive Brokerage Contract, the Ordering party shall pay the brokerage fee in its entirety if the Contract does not specify differently.
The Broker's obligations
During brokerage for concluding a contract on purchase, rent or lease of real estate, the Broker shall specifically carry out the following activities:
1. Try to find and connect the Ordering party with a legal or natural person for the purpose of concluding brokered work.
2. Familiarise the Ordering party with the average market price of similar real estate.
3. Inspect the documents proving the ownership or other proprietary right for the subject real estate and warn the Ordering party about:
• obvious shortcomings and potential risks related to the unregulated land registry condition of the real estate,
• registered proprietary rights or other rights of third parties to the real estate,
• the legal consequences of not fulfilling obligations towards a third party,
• shortcomings of the construction and operating permit in accordance with special regulations,
• the circumstances and limitations in the legal trade of real estate in accordance with special regulations.
4. Carry out the necessary activities in order to present the real estate on the market, advertise the real estate in an appropriate way, and carry out all other activities agreed upon in the contract on brokerage in real estate trade which surpass the usual presentation, and for which the Broker has the right to special costs specified in advance.
5. Allow for an examination of the real estate.
6. Mediate in negotiations and strive for the contract to be concluded if they made a special commitment for that.
7. Safeguard the personal data of the Ordering party, and pursuant to a written order of the Ordering party safeguard as a business secret the data on the real estate being brokered or related to that real estate or the activity being brokered.
8. If the subject of concluding a contract is a plot of land, check the purpose of the plot in question in accordance with the regulations on physical planning related to that plot of land.
9. Inform the Ordering party of all circumstances pertaining to the intended transactions that they is aware of or should be aware of.
10. Inform the Ordering party about the provisions of the Anti Money Laundering and Terrorist Financing Act (OG 87/08).
The Ordering party's obligations
By concluding a Brokerage Contract with the Broker, the Ordering party takes on the following obligations:
1. To inform the Broker about all circumstances pertaining to carrying out the brokerage and to present accurate data on the real estate, and if they have them in their possession, provide the Broker with the location permit, construction permit and operating permit for the real estate contained in the contract, and provide the Broker with evidence regarding the fulfilment of obligations towards a third party.
2. Provide the Broker with the documents proving ownership of the real estate or another proprietary right of the real estate subject to the contract, and warn the Broker of all registered and nonregistered encumbrances on the real estate.
3. Provide a visit to the real estate to the Broker and the third person interested in concluding the brokered transaction.
4. Inform the Broker of all important information on the requested real estate, especially a description and the price of the real estate.
5. At the same time when the preliminary contract or contract is concluded, pay the Fee to the Broker.
6. Reimburse the Broker for costs incurred during the brokerage which surpass the usual brokerage costs.
7. Inform the Broker in written form of all changes related to the transaction for which the Broker has been authorised, and especially of any changes related to ownership of the real estate.
The Ordering party is not obliged to approach negotiations to conclude the brokered work with a Third Party that the Broker found, nor conclude a legal transaction with that person. The Ordering party shall be held accountable for any damages, if they did not act in good faith in doing so, and shall reimburse all costs incurred during the brokerage. These costs may not be higher than the agreed upon fee.
The Ordering party shall be held accountable for any damages if they acted deceitfully, if they withheld or provided incorrect data important for brokerage activities with the goal of concluding the brokered work.
The amount of the Broker's Fee shall be specified in the brokerage contract as a percentage of the realised purchase price of the real estate. If a lease or rent contract is concluded, it shall be specified in the amount of a monthly rent or lease, except if a rent or lease contract is concluded for the duration of 60 months (5 years) or longer, in which case the Broker's Fee shall amount to a minimum of 150 % of the amount of the monthly lease or rent.
The contracted Broker's Fee shall include the execution of all activities of the Broker stated in paragraph 6 of the General Terms.
If activities not stated in paragraph 6 of the General Terms are being carried out due to a request from the Ordering party, the Broker's hourly wages shall amount to HRK 350.00 (in words: three hundred and fifty kuna).
If activities not stated in paragraph 6 of the General Terms are being carried out at the request of the Ordering party, the Ordering party shall pay any real costs for carrying out those activities in addition to the fee for the Broker's hourly wages.
Value-added tax shall be charged for all fees.
The Broker shall acquire the right to the Fee in its entirety simultaneously with the conclusion of the legal transaction which they brokered for, whereas the conclusion of the preliminary contract with which the Ordering party and the Third Person committed to conclude the main contract of purchase, exchange, lease, rent or another contract related to the real estate subject to the brokerage shall also be considered the conclusion of the legal transaction.
The Ordering party shall pay the Fee to the Broker even if they conclude a legal transaction different to the one brokered for with the Third Person suggested and brought forward by the Broker if the legal transaction realizes the same purpose as the brokered legal transaction or if the subject of the legal transaction is the real estate subject to the brokerage.
The Broker shall be considered to have provided the Ordering party to contact a third person if he:
• directly took or referred the Ordering party to survey the real estate in question,
• organised a meeting with the Ordering party and the Third Contracting Person for the purposes of negotiating the conclusion of a legal transaction,
• informed the Ordering party of the name, telephone or fax number, e-mail address of the Third Person authorised to conclude a legal transaction, or informed him of the exact location of the requested real estate.
After the cessation of the Contract, the Broker has the right to the Fee in a period no longer than the duration of the concluded Contract even in cases when the Ordering party concludes a legal transaction with the Third Person which is primarily the result of the Broker's activities before the cessation of the Contract.
If the Ordering party withdraws during the conclusion of the brokered transaction (after the Broker delivered an acceptable offer), the Ordering party shall pay the Broker the amount of the agreed Fee.
The Ordering party shall pay the Fee to the Broker even if the contract for the brokered legal transaction with the Ordering party is concluded, or if the purchase price, rent or lease is paid by any natural or legal person that has marital, extramarital or family relations to the management body or in any other way to the third person, buyer, seller, lessor, lessee, letter or renter which the Broker introduced to the Ordering party for the purpose of concluding a sales and purchase agreement or for any other brokered work, regardless of whether that connected person participated in the negotiations regarding the conclusion of the sales and purchase agreement or any other brokered work.
The Real Estate Brokerage Act, the Civil Obligations Act and other legislation shall apply for everything not explicitly stated in these General Terms.
The General Terms shall apply from 11 April 2022.
Estiems Real Estate d.o.o. for trade services and real estate brokerage, PIN: 71943605610, Sokol Kula 4, Rijeka, Croatia
N O T I C E
In accordance with Article 8 of the Consumer Protection Act (Official Gazette 96/03, 79/07, 125/07, 79/09, 89/09, 78/12), Estiems Real Estate d.o.o. for trade services and real estate brokerage, PIN: 71943605610, Sokol Kula 4, Rijeka, Croatia, allows the users of brokerage services the right to a complaint.
The users of the brokerage services may realise their right to a complaint personally in the company headquarters or via mail by registered letter with acknowledgement of receipt.
A reply to the complaint shall be sent within 15 days.
Estiems Real Estate d.o.o
PRICE LIST OF BROKERAGE FEES:
I SALE AND PURCHASE
Highest total commission 6 %
Lowest total commission 1 %
Brokerage commission in selling real estate (charged from the seller)
1 – 3 %,
Brokerage commission in buying real estate (charged from the buyer)
1 – 3 %
In the case of exchanging real estate, the commission shall be charged in the amount of 1-3 % from each exchanging party, and the percentage shall be calculated from the value of the real estate acquired by each party in the exchange
V RENT AND LEASE
RENTING AND LEASING – commission from the lessor and letter
Monthly rent percentage
100 % minimum
100 % for rent and lease in duration of 12 – 59 months
150 % minimum or rent or lease in duration of 60 months (5 years) or more
RENT AND LEASE – commission from lessee and renter
Monthly rent percentage
100 % minimum for rent
100 % minimum for lease
100 % for rent or lease in duration of 12 – 59 months
150% minimum for rent or lease in duration of 60 months (5 years) or more
Value-added tax shall be charged for all fee amounts.