Pursuant to Article 18, Paragraph 1 of the Act on Real Estate Brokerage (“Narodne novine” number: 107/07, 144/12, 14/14, 32/19) Denizet d.o.o. for real estate transactions, with headquarters in Trogir at the address: Obala Kralja Zvonimir 23 A, an agency for mediation in real estate transactions registered in the Register of Real Estate Brokers in the Republic of Croatia at the Croatian Chamber of Commerce, registration number 681/2009 (hereinafter: agency Denizet d.o.o.) determines the general conditions of business (hereinafter: General Conditions). The general conditions are an integral part of the mediation agreement concluded between Denizet d.o.o. agency as an intermediary and natural or legal person as the client.

The client is a natural or legal person who concludes a written mediation agreement with the real estate mediation agency (seller, buyer, lessee, lessor and other possible participants in the real estate transaction).

1. PROPERTY OFFER

1.1. Real estate offer of the agency Denizet d.o.o. is based on data received in writing, orally or electronically from the client or his representative.

1.2. Agency Denizet d.o.o. retains the possibility of an error in the description and price of the property, as well as the possibility that the advertised property has already been sold (or rented) or that the owner has given up on the sale (or lease), and which errors were caused by the owners/client’s failure to fulfill his obligations.

1.3. Offers and notifications of the agency Denizet d.o.o. the client must keep as a business secret and he may only transfer them to third parties with the written approval of the agency.

1.4. If the recipient of the offer is already familiar with the real estate offer, he is obliged to inform the agency Denizet d.o.o. about it without delay in writing, orally or electronically, otherwise the client is responsible for the resulting damage to the agency Denizet d.o.o. (actual costs per intermediary hourly rate or intermediary fee).

2. REAL ESTATE BROKERAGE AGREEMENT

2.1. The obligation of the agency Denizet d.o.o. as an intermediary and the client is the signing of the contract on mediation in real estate transactions in written form.

2.2. With the agreement on mediation in real estate transactions, agency Denizet d.o.o. undertakes to try to find and bring a third party into contact with the client for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on real estate (purchase agreement, exchange agreement, lease agreement, business premises lease agreement), and the client undertakes to the agency Denizet d.o.o. to pay the agreed mediation fee if that legal deal is concluded.

2.3.  When mediating the conclusion of a legal transaction for the real estate in question, Agency Denizet d.o.o. has brought the client into contact with a third party when:

  • took or directed the client to view the property in question,
  • organized a meeting between the client and a third person or a third person’s attorney or third person representative for the purpose of negotiating and/or concluding a mediated legal deal,
  • provided information (for example, first and last name and/or telephone number and/or mobile phone number and/or e-mail) of a third person or a third person’s proxy,
  • communicated the exact location and/or data of the requested property.

2.4. The third person is:

  • property owner/buyer, lessee of property,
  • relative by blood in the direct line up to any degree, and in the collateral line up to the third degree inclusive, spouse/common-law partner (and then when the marriage/common-law union has ended) or relative by in-laws up to the second degree inclusive, and guardian, adoptive parent or adoptee of the property owner/buyer, lessee of the real estate.

3. OBLIGATION OF INTERMEDIARIES

3.1. Agency Denizet d.o.o. is obliged to inform the client of the average market price of a similar property, which is the subject of the mediation agreement concluded between the agency Denizet d.o.o. and the client. Agency Denizet d.o.o. will acquaint the client with the state of the real estate market and thus advise the client in forming or accepting the offered price of the property in question.

3.2. Agency Denizet d.o.o. is obliged to inspect the documents proving the ownership or other real right of the property in question and to warn the client of the legal defects of the property in question, especially the possible risks of an unregulated land registry state of the property in question, as well as the defects of the building permit and use permit in accordance with the legislation on spatial planning and construction.

3.3. Agency Denizet d.o.o. is obliged to perform the necessary actions for the purpose of presenting the real estate on the market, in particular to advertise the subject real estate and perform other actions aimed at the usual presentation of the subject real estate.

3.4. Agency Denizet d.o.o. is obliged to keep the client’s personal data and, upon the client’s written order, keep information about the property in question and/or related to the property in question as a business secret.

4. OBLIGATION OF THE CLIENT

4.1. The client is obliged to enter into a contract on mediation in real estate transactions with the Agency in written form (nonexclusive agreement on mediation or exclusive agreement on mediation), especially before viewing the property in question, otherwise the agency Denizet d.o.o. is not obliged to enable viewing of the property.

4.2. The client (in this case property owner) is obliged to give the agency Denizet d.o.o. for inspection, all documents proving his ownership of the real estate, i.e. the right to the real estate that is the subject of the brokerage business, the building permit, the using permit, the energy certificate and all the necessary documentation related to the real estate that is the subject of the brokerage business.

4.3. The client (in this case property owner) is obliged to inform the agency Denizet d.o.o. about all the essential information for carrying out the mediation, which especially includes the correct information of the property in question as well as the price, and inform the Denizet d.o.o. agency in writing on all changes related to the work for which the client authorized the agency Denizet d.o.o.

4.4. The client (in this case property owner) is obliged to provide the agency Denizet d.o.o. and to a third person interested in concluding a mediated deal, a viewing of the property in question accompanied by Denizet d.o.o. agency, and upon prior notification by Denizet d.o.o. agency.

4.5. The client is obliged, after concluding the mediated deal, i.e. concluding the preliminary contract by which the client undertook to conclude the mediated legal deal to the agency Denizet d.o.o. to pay the agreed mediation fee in the manner determined by the mediation agreement concluded between the agency Denizet d.o.o. and the client.

4.6. The client is obliged to compensate the agency Denizet d.o.o. expenses incurred during the mediation that exceed the usual mediation costs in the manner determined by the mediation agreement concluded between the agency Denizet d.o.o. and the client, as well as the actual costs incurred by the client’s non-fulfillment of obligations.

5. BROKERAGE FEE

5.1. Agency Denizet d.o.o. acquires the right to intermediary compensation when concluding a pre-contract for mediated legal work, i.e. when concluding a contract for mediated legal work if no pre-contract for mediated legal work has taken place.

5.2. Mediation fee for mediation for the sale and purchase of real estate:

The amount of the brokerage fee for mediation for the sale and purchase of real estate is 3% of the achieved purchase price plus value added tax (VAT of 25%), but not less than EUR 3,000.00 plus value added tax (VAT of 25%) and is determined by the agreement on mediation in real estate transactions concluded between the agency Denizet d.o.o. and the client.

5.3. Mediation fee for mediation for the exchange of real estate:

The amount of the agency fee for real estate exchange mediation is 3% of the market value of the real estate acquired by the client through the exchange plus value added tax (VAT of 25%) and is determined by the real estate mediation agreement concluded between the agency and the client.

5.4. Brokerage fee for renting and for lease of real estate:

The amount of the agency fee for mediation for renting and leasing real estate is the amount of the monthly rent/lease fee of the concluded rental/lease contract increased by value added tax (VAT of 25%) and is determined by the contract on mediation in real estate transactions concluded between the agency and the client.

5.5. The client is obliged to pay the agency Denizet d.o.o. intermediary compensation if a relative by blood in the direct line up to any degree, and in the collateral line up to the third degree inclusive, a spouse/common-law partner (and then when the marriage/common-law union has ended) or a relative by in-laws up to the second degree inclusive, a guardian, adopter or adoptee of the client concludes a mediated legal transaction with a third party with whom the agency Denizet d.o.o. brought in contact with the client.

5.6. Agency Denizet d.o.o. has the right to the payment of the mediation fee after the termination of the mediation agreement if the client has entered into a legal transaction that is mainly a consequence of the actions of the Denizet d.o.o. agency. as a mediator, and for a time not longer than the duration of the concluded mediation agreement after the termination of the mediation agreement in question.

5.7. If the client refuses to enter into a legal transaction during the conclusion of the mediated transaction, he is obliged to pay the agency Denizet d.o.o. actual costs incurred during mediation, in particular the costs of time spent per mediation hourly rate, advertising costs and other incurred costs.

5.8. Intermediate hourly rate:

The agency hourly rate amounts to EUR 35.00 for each started hour plus value added tax (VAT of 25%).

6. TERMINATION OF MEDIATION AGREEMENT

6.1. The contract on mediation in real estate transactions is concluded for a certain period of time and ends at the end of the term for which it was concluded if the mediated legal transaction has not been concluded within that period.

7. LIABILITY FOR DAMAGE

7.1. The client is responsible for damages if he has acted fraudulently, if he has withheld or provided incorrect information essential for the mediation business, thus citing the Denizet d.o.o. agency. and/or misleading a third party.

7.2. The client is responsible for damages in case of intentional or negligent behavior towards the Denizet d.o.o. agency. (for example, preventing the inspection of the property, unjustified cancellation of the agreed meeting for the purpose of negotiation in the realization of the mediated work).

7.3. Agency Denizet d.o.o. has the right to demand compensation for damages in the amount of actual costs and lost earnings in the cases specified in point 1.4., 7.1. and 7.2., which amount must not be higher than the agreed mediation fee.

7.4. Agency Denizet d.o.o. has a contracted professional liability insurance policy for damage that he could cause to the client or third parties during mediation.

8. COOPERATION WITH AGENCIES IN REAL ESTATE BROKERAGE

8.1. Agency Denizet d.o.o. cooperates and is ready to cooperate with other domestic and foreign agencies in real estate mediation that respect the fundamental ethical principles of the Business Code of the Association of Real Estate Businesses at the Croatian Chamber of Commerce.

9. APPLICATION OF GENERAL BUSINESS TERMS AND DISPUTE RESOLUTION

9.1. The general conditions are an integral part of the agency mediation agreement, and the general regulations of Croatian mandatory law apply to relationships that are not regulated by these terms and conditions and/or the agency mediation agreement in question.

9.2. Agency Denizet d.o.o. and the client will try to resolve mutual disagreements peacefully, and in the event of a dispute, they agree on the jurisdiction of the court in Split and the application of Croatian substantive law.