GENERAL BUSINESS TERMS
TRADING COMPANY
EIGHT RINGS L.L.C.
Article 1.
Meaning of terms contained in the General Terms and Conditions
1.1. Certain expressions in terms of these General Terms and Conditions have the following meanings:
1. The real estate broker is Eight Rings a limited liability company, Street, Drage Gervaisa 42, Zagreb, OIB: 43055029141, which company meets the requirements for real estate brokering provided by the Real Estate Brokerage Act (hereinafter: Broker).
The intermediary will use the name MeDom real estate, with a special, unique logo, in real estate transactions.
2. A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker (hereinafter: Agent).
3. Brokerage in real estate transactions are the activities of real estate brokers that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
4. Principal is a natural or legal person who enters into a written mediation agreement with the Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions - hereinafter: Principal).
5. A third party is a person whom the real estate broker tries to connect with the client
in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter
text: Third person).
Article 2.
Offer
2.1. The Intermediary's offer is based on information received in writing and/or verbally from the owners of properties offered for sale, lease or rent, as well as on information contained in the written and/or oral orders of the Principal.
Article 3.
Agreement on mediation in real estate transactions
3.1. With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter: Fee) if this legal transaction is concluded.
3.2. The contract is concluded in writing for an indefinite or fixed period.
If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, the Contract is concluded for a specific period of 12 months from the date of conclusion of the Contract and can be extended several times by agreement of the parties.
Article 4.
Termination of mediation agreement
4.1. A contract on mediation concluded for a fixed period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
4.2. The Principal is obliged to compensate the Intermediary for the costs incurred in a lump sum of 500.00 Euros if the Principal cancels the contract before the deadline and/or if he abandons the conclusion of the main contract.
4.3. If, within up to 12 months after the termination of the concluded Agreement, the Principal concludes a legal transaction that is a consequence of the Mediator's actions before the termination of the Mediation Agreement, he is obliged to pay the Mediator compensation in full.
Article 5.
Exclusive mediation
5.1. With the contract on exclusive mediation, the Principal undertakes not to engage any other mediator for the mediated work, and by signing the contract confirms that he has not viewed the property in any other way under criminal and material liability.
5.2. If, during the duration of the Contract on exclusive mediation, the Principal concluded a legal transaction through another intermediary, through the Intermediary, and for which the exclusive Intermediary was given an order to mediate, he is obliged to pay the exclusive Intermediary the agreed remuneration as well as possible additional real costs incurred during the mediation for the said mediated job.
5.3. When concluding a contract on exclusive mediation, the Intermediary is obliged to specifically warn the Principal about the meaning and legal consequences of the contractual clause from the previous paragraph, and it is considered that he has warned him at the moment when the Principal concludes the contract.
5.4. The agreement on exclusive mediation concluded for a certain period of time ends at the end of the term on
which was concluded if the contract for which it was mediated was not concluded within that period or by the cancellation of any of the contracting parties.
5.5. In the event of the termination of the Agreement on exclusive mediation for the reasons indicated in the previous paragraph, the Client is obliged to compensate the Intermediary for the expenses incurred, which were otherwise expressly agreed to be paid separately by the Client.
5.6. If, within up to 12 months after the termination of the concluded Agreement on exclusive mediation, the Principal concludes a legal transaction that is a consequence of the Intermediary's actions before the termination of the Agreement on exclusive mediation, he is obliged to pay the compensation to the Intermediary in full.
Article 6.
Obligations of the Intermediary
6.1. The mediator is obliged during the mediation to conclude a contract of sale, contract of
lease or real estate lease contract, perform the following in particular:
1. to try to find and bring in contact with the Principal a person in order to conclude the mediated Job;
2. inform the Principal of the average market price of similar real estate;
3. obtain and inspect documents proving ownership or other real rights
on the property in question;
4. perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;
5. enable inspection of real estate;
6. mediate in negotiations and try to conclude a contract, if that is the case
specially obliged;
7. keep the Principal's personal data and, upon the Principal's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the job he is mediating for;
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land;
9. inform the Principal about all circumstances important for the intended work that are known to him or must be known to him;
10. inform the Principal of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism.
6.2. After the contract of purchase and sale has been concluded, the Broker undertakes to perform the following tasks for the Principal - the buyer of the real estate:
1. in cooperation with the legal aid service provider, carry out the transfer of ownership in the land register;
2. register the Principal as a new user of the services at utility service providers.
Article 7.
Obligation of the Principal
7.1. By concluding the Mediation Agreement with the Intermediary, the Principal undertakes the following obligations:
1. inform the Mediator of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate and, if in possession, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the Mediator with evidence of fulfilment of obligations under the Third side.
2. give the Mediator the documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the contract and warn the Mediator of all registered and unregistered encumbrances that exist on the real estate.
3. provide the Intermediary and a third person interested in concluding the mediated deal with a viewing of the property.
4. inform the Broker about all essential information about the requested real estate, which especially includes the description of the real estate and the price.
5. after concluding the preliminary contract, pay the Intermediary Fee.
6. reimburse the Mediator for expenses incurred during the mediation that exceed the usual mediation costs.
7. inform the Intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to ownership of real estate.
7.2. The Principal is not obliged to enter into negotiations for the conclusion of a mediated deal with the Third Party found by the Mediator, nor to conclude a legal deal.
The principal will be liable to the mediator for damages if he did not act in good faith and is obliged to compensate all costs incurred during mediation, which cannot be less than EUR 1,000.00 or more than the agreed fee.
7.3. The principal will be liable for damages if he acted fraudulently, if he withheld or provided incorrect information essential for the mediation business in order to complete the mediated business.
Article 8.
Intermediary fee
8.1. The amount of the mediation fee is determined by the mediation agreement.
8.2. The agreed mediation fee includes the execution of all actions of the Intermediary specified in Art. 6. General conditions.
8.3. In the case of performing actions that are not covered by Art. 6. General conditions based on the request of the Client, the price of the intermediary hourly rate is 50.00 Euros.
8.4. In the case of performing actions that are not covered by Art. 6. General terms and conditions based on the request of the Principal, in addition to the compensation for the intermediary's hourly rate, he is obliged to reimburse the Intermediary for the actual costs of performing those actions.
8.5. Value added tax is calculated on all compensation amounts.
8.6. In the event that the concluded legal transaction includes the conclusion of a pre-contract by which the Principal and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation and by which the pre-contract is agreed upon the payment of a down payment and/or part of the agreed purchase price before the conclusion of the main purchase contract, The principal undertakes to pay the mediation fee to the mediator within 2 (two) days from the date of conclusion of the preliminary contract.
8.7. In the event that the concluded legal transaction includes the conclusion of a pre-contract by which the Principal and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation, but which does not agree to pay a down payment and/or part of the agreed purchase price before concluding the main contract of sale, the Principal undertakes to pay the mediation fee to the Mediator on the day of concluding the main contract.
8.8. In the event that the concluded legal transaction includes exclusively the conclusion of the main contract in connection with the real estate that is the subject of mediation, the Principal undertakes to pay the compensation for the mediation to the Mediator on the day of concluding the contract of sale.
8.9. The withdrawal of the Principal and/or the Third Person with whom the Principal concluded a pre-contract in connection with the real estate that is the subject of mediation, as well as the withdrawal of the Principal and/or the person with whom the Principal concluded a contract in connection with the real estate that is the subject of mediation do not affect the fulfilment of the concluded contract on the obligation of the Principal to pay the Mediator compensation for mediation in the amount and in the manner determined by this article and the concluded mediation agreement.
8.10. The Principal is obliged to pay the Fee even when he has entered into a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, which is different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or object of which legal business is the real estate that is the subject of mediation.
8.11. It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if:
- directly took or directed the Principal to view the property in question;
- organized a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of a legal transaction.
- Inform the principal of the name and surname, i.e. the company, phone number, fax number, e-mail address of the third party authorized to conclude the legal transaction, or inform him of the exact location of the requested real estate.
8.12. After the termination of the Agreement, the Intermediary has the right to compensation within 12 months and in cases where the Principal enters into a legal transaction with a Third Party that is a consequence of the intermediary's actions before the termination of the Intermediation Agreement.
8.13. If the Principal withdraws during the conclusion of the mediated deal (after the Intermediary has submitted an acceptable offer), he is obliged to pay the amount of the agreed fee to the Intermediary.
8.14. The Intermediary is entitled to Compensation if the spouse, common-law partner, descendant or parent of the Principal, i.e. a trading company, institution or other legal entity that is the Principal, his spouse or common-law partner, descendant or parent, founder or legal representative, or with whom he has concluded an agreement on work or a work contract, conclude a mediated legal transaction with the person with whom the Intermediary has brought the Principal into contact.
8.15. The third party (buyer, lessee, lessee, other party in the exchange of real estate) pays the Mediation Fee on the day of concluding the main Agreement in connection with the real estate.
Article 9.
Final provisions
9.1. For everything that is not expressly determined by these General Terms and Conditions, the Act on Mediation in Real Estate Transactions, the Act on Obligatory Relationships, and other legal regulations shall apply.
9.2. The general conditions apply from February 1st, 2024.
In Pula, January 1st, 2024.
EIGHT RINGS L.L.C.
represented by director
Dean Meden
TRADING COMPANY
EIGHT RINGS L.L.C.
Article 1.
Meaning of terms contained in the General Terms and Conditions
1.1. Certain expressions in terms of these General Terms and Conditions have the following meanings:
1. The real estate broker is Eight Rings a limited liability company, Street, Drage Gervaisa 42, Zagreb, OIB: 43055029141, which company meets the requirements for real estate brokering provided by the Real Estate Brokerage Act (hereinafter: Broker).
The intermediary will use the name MeDom real estate, with a special, unique logo, in real estate transactions.
2. A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and as such is employed by the Broker (hereinafter: Agent).
3. Brokerage in real estate transactions are the activities of real estate brokers that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
4. Principal is a natural or legal person who enters into a written mediation agreement with the Real Estate Agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions - hereinafter: Principal).
5. A third party is a person whom the real estate broker tries to connect with the client
in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter
text: Third person).
Article 2.
Offer
2.1. The Intermediary's offer is based on information received in writing and/or verbally from the owners of properties offered for sale, lease or rent, as well as on information contained in the written and/or oral orders of the Principal.
Article 3.
Agreement on mediation in real estate transactions
3.1. With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Principal undertakes to pay him a certain intermediary fee (hereinafter: Fee) if this legal transaction is concluded.
3.2. The contract is concluded in writing for an indefinite or fixed period.
If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, the Contract is concluded for a specific period of 12 months from the date of conclusion of the Contract and can be extended several times by agreement of the parties.
Article 4.
Termination of mediation agreement
4.1. A contract on mediation concluded for a fixed period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
4.2. The Principal is obliged to compensate the Intermediary for the costs incurred in a lump sum of 500.00 Euros if the Principal cancels the contract before the deadline and/or if he abandons the conclusion of the main contract.
4.3. If, within up to 12 months after the termination of the concluded Agreement, the Principal concludes a legal transaction that is a consequence of the Mediator's actions before the termination of the Mediation Agreement, he is obliged to pay the Mediator compensation in full.
Article 5.
Exclusive mediation
5.1. With the contract on exclusive mediation, the Principal undertakes not to engage any other mediator for the mediated work, and by signing the contract confirms that he has not viewed the property in any other way under criminal and material liability.
5.2. If, during the duration of the Contract on exclusive mediation, the Principal concluded a legal transaction through another intermediary, through the Intermediary, and for which the exclusive Intermediary was given an order to mediate, he is obliged to pay the exclusive Intermediary the agreed remuneration as well as possible additional real costs incurred during the mediation for the said mediated job.
5.3. When concluding a contract on exclusive mediation, the Intermediary is obliged to specifically warn the Principal about the meaning and legal consequences of the contractual clause from the previous paragraph, and it is considered that he has warned him at the moment when the Principal concludes the contract.
5.4. The agreement on exclusive mediation concluded for a certain period of time ends at the end of the term on
which was concluded if the contract for which it was mediated was not concluded within that period or by the cancellation of any of the contracting parties.
5.5. In the event of the termination of the Agreement on exclusive mediation for the reasons indicated in the previous paragraph, the Client is obliged to compensate the Intermediary for the expenses incurred, which were otherwise expressly agreed to be paid separately by the Client.
5.6. If, within up to 12 months after the termination of the concluded Agreement on exclusive mediation, the Principal concludes a legal transaction that is a consequence of the Intermediary's actions before the termination of the Agreement on exclusive mediation, he is obliged to pay the compensation to the Intermediary in full.
Article 6.
Obligations of the Intermediary
6.1. The mediator is obliged during the mediation to conclude a contract of sale, contract of
lease or real estate lease contract, perform the following in particular:
1. to try to find and bring in contact with the Principal a person in order to conclude the mediated Job;
2. inform the Principal of the average market price of similar real estate;
3. obtain and inspect documents proving ownership or other real rights
on the property in question;
4. perform the necessary actions for the purpose of presenting the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs;
5. enable inspection of real estate;
6. mediate in negotiations and try to conclude a contract, if that is the case
specially obliged;
7. keep the Principal's personal data and, upon the Principal's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the job he is mediating for;
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land;
9. inform the Principal about all circumstances important for the intended work that are known to him or must be known to him;
10. inform the Principal of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism.
6.2. After the contract of purchase and sale has been concluded, the Broker undertakes to perform the following tasks for the Principal - the buyer of the real estate:
1. in cooperation with the legal aid service provider, carry out the transfer of ownership in the land register;
2. register the Principal as a new user of the services at utility service providers.
Article 7.
Obligation of the Principal
7.1. By concluding the Mediation Agreement with the Intermediary, the Principal undertakes the following obligations:
1. inform the Mediator of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate and, if in possession, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the Mediator with evidence of fulfilment of obligations under the Third side.
2. give the Mediator the documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the contract and warn the Mediator of all registered and unregistered encumbrances that exist on the real estate.
3. provide the Intermediary and a third person interested in concluding the mediated deal with a viewing of the property.
4. inform the Broker about all essential information about the requested real estate, which especially includes the description of the real estate and the price.
5. after concluding the preliminary contract, pay the Intermediary Fee.
6. reimburse the Mediator for expenses incurred during the mediation that exceed the usual mediation costs.
7. inform the Intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to ownership of real estate.
7.2. The Principal is not obliged to enter into negotiations for the conclusion of a mediated deal with the Third Party found by the Mediator, nor to conclude a legal deal.
The principal will be liable to the mediator for damages if he did not act in good faith and is obliged to compensate all costs incurred during mediation, which cannot be less than EUR 1,000.00 or more than the agreed fee.
7.3. The principal will be liable for damages if he acted fraudulently, if he withheld or provided incorrect information essential for the mediation business in order to complete the mediated business.
Article 8.
Intermediary fee
8.1. The amount of the mediation fee is determined by the mediation agreement.
8.2. The agreed mediation fee includes the execution of all actions of the Intermediary specified in Art. 6. General conditions.
8.3. In the case of performing actions that are not covered by Art. 6. General conditions based on the request of the Client, the price of the intermediary hourly rate is 50.00 Euros.
8.4. In the case of performing actions that are not covered by Art. 6. General terms and conditions based on the request of the Principal, in addition to the compensation for the intermediary's hourly rate, he is obliged to reimburse the Intermediary for the actual costs of performing those actions.
8.5. Value added tax is calculated on all compensation amounts.
8.6. In the event that the concluded legal transaction includes the conclusion of a pre-contract by which the Principal and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation and by which the pre-contract is agreed upon the payment of a down payment and/or part of the agreed purchase price before the conclusion of the main purchase contract, The principal undertakes to pay the mediation fee to the mediator within 2 (two) days from the date of conclusion of the preliminary contract.
8.7. In the event that the concluded legal transaction includes the conclusion of a pre-contract by which the Principal and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation, but which does not agree to pay a down payment and/or part of the agreed purchase price before concluding the main contract of sale, the Principal undertakes to pay the mediation fee to the Mediator on the day of concluding the main contract.
8.8. In the event that the concluded legal transaction includes exclusively the conclusion of the main contract in connection with the real estate that is the subject of mediation, the Principal undertakes to pay the compensation for the mediation to the Mediator on the day of concluding the contract of sale.
8.9. The withdrawal of the Principal and/or the Third Person with whom the Principal concluded a pre-contract in connection with the real estate that is the subject of mediation, as well as the withdrawal of the Principal and/or the person with whom the Principal concluded a contract in connection with the real estate that is the subject of mediation do not affect the fulfilment of the concluded contract on the obligation of the Principal to pay the Mediator compensation for mediation in the amount and in the manner determined by this article and the concluded mediation agreement.
8.10. The Principal is obliged to pay the Fee even when he has entered into a legal transaction with a Third Party, pointed out to him by the Intermediary and with whom the Intermediary brought him into contact, which is different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or object of which legal business is the real estate that is the subject of mediation.
8.11. It is considered that the Intermediary enabled the Principal to enter into a relationship with a Third Party if:
- directly took or directed the Principal to view the property in question;
- organized a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of a legal transaction.
- Inform the principal of the name and surname, i.e. the company, phone number, fax number, e-mail address of the third party authorized to conclude the legal transaction, or inform him of the exact location of the requested real estate.
8.12. After the termination of the Agreement, the Intermediary has the right to compensation within 12 months and in cases where the Principal enters into a legal transaction with a Third Party that is a consequence of the intermediary's actions before the termination of the Intermediation Agreement.
8.13. If the Principal withdraws during the conclusion of the mediated deal (after the Intermediary has submitted an acceptable offer), he is obliged to pay the amount of the agreed fee to the Intermediary.
8.14. The Intermediary is entitled to Compensation if the spouse, common-law partner, descendant or parent of the Principal, i.e. a trading company, institution or other legal entity that is the Principal, his spouse or common-law partner, descendant or parent, founder or legal representative, or with whom he has concluded an agreement on work or a work contract, conclude a mediated legal transaction with the person with whom the Intermediary has brought the Principal into contact.
8.15. The third party (buyer, lessee, lessee, other party in the exchange of real estate) pays the Mediation Fee on the day of concluding the main Agreement in connection with the real estate.
Article 9.
Final provisions
9.1. For everything that is not expressly determined by these General Terms and Conditions, the Act on Mediation in Real Estate Transactions, the Act on Obligatory Relationships, and other legal regulations shall apply.
9.2. The general conditions apply from February 1st, 2024.
In Pula, January 1st, 2024.
EIGHT RINGS L.L.C.
represented by director
Dean Meden
Copyright © 2024. MeDom real estate, All rights reserved