Geschäftsbedingungen

General Terms and Conditions for Real Estate Transactions In accordance with the provisions of Article 18 of the Real Estate Brokerage Act (Official Gazette numbers: 107/07, 144/12, 14/14, 32/19), the company Mandić group d.o.o., VAT number: 28913068822, located at Kaljska ulica 8A, Zadar, 23000, on January 31, 2024, hereby issues the following:
GENERAL TERMS AND CONDITIONS OF BUSINESS OF REAL ESTATE BROKERS
I. General Provisions
These General Terms and Conditions of Business of Real Estate Brokers (hereinafter: General Terms) regulate the relationships between the Broker, Principal, and third parties entering into a Brokerage Agreement, and constitute an integral part thereof. In case of conflict between the General Terms and the Brokerage Agreement, the provisions of the specific brokerage agreement shall apply.
II. Meaning of Terms Contained in the General Terms
Certain terms in the context of these General Terms have the following meanings:
1. Real Estate Broker: Mandić group d.o.o. (Mandić Properties), located at
Kaljska ulica 8A, Zadar, VAT number: 28913068822, is a company that meets the requirements for conducting real estate brokerage as defined by the Real Estate Brokerage Act (hereinafter referred to as: Broker).
2. Real Estate Brokerage Agent: A natural person who is registered in the Registry of Real Estate Brokerage Agents and is employed by the Broker (hereinafter referred to as: Agent).
3. Real Estate Brokerage: Actions of a real estate broker involving the connection between the principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions concerning a specific real estate, especially in the context of buying, selling, exchanging, renting, leasing, etc.
4. Principal: A natural or legal person who enters into a written brokerage agreement with the Real Estate Broker (seller, buyer, tenant, lessor, lessee, and other potential participants in real estate transactions – hereinafter referred to as: Principal).
5. Real Estate: Parcels of land, along with everything permanently attached to or beneath the surface of the land, in accordance with the provisions of general property law and other applicable regulations.
6. Third Party: A person whom the real estate broker seeks to connect with the principal for the purpose of negotiating legal transactions concerning a specific real estate (hereinafter referred to as: Third Party).
III. Brokerage Agreement in Real Estate Transactions
The brokerage agreement in real estate transactions (hereinafter referred to as the "Agreement"), concluded between the Broker and the Principal, entails the Broker's obligation to endeavor to find and connect the Principal with a Third Party for the purpose of negotiation and preparation aimed at concluding a specific legal transaction regarding the transfer or establishment of a certain right to real estate and/or related to real estate. The Principal undertakes to pay the Broker a certainbrokerage fee (hereinafter referred to as the "Fee") upon fulfillment of the agreed conditions.
The Agreement is concluded in writing and for a specified period. If the parties do not specify the duration of the Agreement in the Agreement itself, it is considered concluded for a period of 12 months from the date of conclusion and may be extended by agreement of the parties multiple times.
The Broker may transfer this Agreement to other brokers, whereby the Principal remains in contractual relationship only with the Broker with whom the Agreement was concluded.
The brokerage agreement terminates upon the expiration of the agreed period if no legal transaction for which brokerage was provided is concluded within that period or by termination by either of the contracting parties. The termination must be sent in writing to the opposing party at the address specified in the Agreement or to the Broker's official email.
The termination of the Agreement must not be contrary to the principle of good faith and fairness, and it cannot be untimely or with the intention of depriving the Broker of the right to the Fee. In such a case, the Broker is entitled to twice the amount of the Fee.
In the event of termination of the Agreement, the Principal is obliged to compensate the Broker for incurred costs explicitly agreed to be separately paid by the Principal, as well as those resulting from the Principal's instructions or orders.
If within 12 months after the termination of the concluded Agreement, the Principal or their spouse, close blood or marital relative, or a legal entity with which the Principal or any of the previously mentioned individuals is a founder or legal representative, or with which they have concluded an employment contract or service contract, concludes a legal transaction resulting from the Broker's actions before the termination of the brokerage agreement, they are obliged to pay the Broker twice the amount of the Fee.
IV. Exclusive Mediation
By entering into an exclusive mediation agreement, the Principal undertakes not to engage any other broker for the mediated transaction.
If during the duration of the exclusive mediation agreement, the Principal concludes a legal transaction through another broker, bypassing the Broker to whom exclusive mediation was assigned, the Principal is obliged to pay the Broker the agreed Fee as well as any additional actual costs incurred during the mediation for the mentioned mediated transaction.Upon concluding an exclusive mediation agreement, the Broker is obligated to specifically inform the Principal about the meaning and legal consequences of the contractual clause from the preceding paragraph.
An exclusive mediation agreement concluded for a specified period terminates upon the expiration of the agreed period if no contract for which mediation was provided is concluded within that period or by termination by either of the contracting parties.
In the event of termination of the exclusive mediation agreement for the reasons indicated in the preceding paragraph, the Principal is obliged to compensate the Broker for incurred costs that were otherwise explicitly agreed to be separately paid by the Principal.
If within 12 months after the termination of the concluded exclusive mediation agreement, the Principal concludes a legal transaction resulting from the Broker's actions before the termination of the exclusive mediation agreement, the Principal is obliged to pay the Broker the entire Fee.
V. Broker's Obligations
The Broker is obliged, particularly during mediation for the conclusion of a contract of sale, lease, or rental of real estate, to perform the following:
1. Endeavor to find and connect with the Principal a person for the conclusion of the mediated transaction.
2. Inform the Principal about the average market price of a similar property.
3. Obtain and review documents proving ownership or other real rights to the property in question.
4. Perform necessary actions to present the property in the market, advertise the property appropriately, and carry out any other actions agreed upon in the real estate brokerage agreement that exceed the usual presentation, for which the Broker is entitled to specific, pre-disclosed costs.
5. Allow inspection of the property.
6. Mediate in negotiations and strive to conclude a contract if specifically obligated to do so.
7. Safeguard the Principal's personal data and, upon written instruction from the Principal, treat information about the property being brokered or related to that property or the transaction being brokered as confidential.
8. If the subject of the contract is land, verify the purpose of the land in accordance with spatial planning regulations related to that land.
9. Inform the Principal of all circumstances relevant to the intended transaction that are known to the Broker or must be known to them.
10.Familiarize the Principal with the provisions of the Anti Money Laundering and Counter Terrorist Financing Act (Official Gazette 108/17, 39/19, 151/22).
11.Collaborate with a lawyer to prepare drafts of contracts for the transaction being brokered.If the broker, in agreement with the Principal, performs additional tasks related to the transaction being brokered and separately negotiates the type and amount of expenses for these tasks, the Broker will not be responsible for the non-performance of obligations by the Principal and third parties. These obligations are those assumed by the legal transaction concluded between the Principal and the third party, which concerns the property for which the broker acted as an intermediary.
VI. Client's Obligations
By entering into a Mediation Agreement with the Agent, the Client assumes the following obligations:
1.Inform the Agent about all circumstances relevant to the mediation process and provide accurate information about the property. If available, provide the Agent with access to the location, building, or usage permit for the property subject to the agreement, and provide the Agent with evidence of compliance with obligations towards Third Parties.
2. Provide the Agent with documents proving ownership of the property or other real rights on the property subject to the agreement, and inform the Agent about all registered and unregistered encumbrances on the property.
3. Ensure that the Agent and any third party interested in concluding the mediated transaction have the opportunity to view the property.
4. Inform the Agent about all essential details regarding the desired property, including a description of the property and its price.
5. Pay the Agent the agreed-upon fee for specific mediation services described in the preceding clause of the General Terms and Conditions.
6. Compensate the Agent for expenses incurred during the mediation process that exceed standard mediation costs.
7. Notify the Agent in writing of any changes related to the transaction for which the Agent has been authorized, especially those related to property ownership.
The Principal is not obligated to enter negotiations for concluding the mediated transaction with the Third Party found by the Agent, nor to conclude the legal transaction. The Principal will be liable to the Agent for damages if they did not act in good faith and must reimburse all expenses incurred during the mediation, which cannot be less than 1/3 nor greater than the agreed-upon Fee.
The Principal will be liable for damages if they acted fraudulently, withheld or provided inaccurate essential information for the mediation process with the aim of completing the mediated transaction.
VII. Brokerage Fee
The amount of the brokerage fee is determined by the mediation agreement.
The agreed brokerage fee includes the execution of all actions by the Broker listed in point VI. of the General Terms and Conditions.In the case of performing actions not covered by point VI. of the General Terms and Conditions based on the Principal's request, the Principal is obligated, in addition to the fee for the expended brokerage hours, to reimburse the Broker for the actual costs of performing those actions.
Value-added tax is charged on all amounts of fees.
The withdrawal of the Principal or the Third Party with whom the Principal has concluded a preliminary contract regarding the property subject to mediation, as well as the withdrawal of the Principal or the person with whom the Principal has concluded a contract regarding the property subject to mediation, from the fulfillment of the concluded contract, does not affect the Principal's obligation to pay the Broker a fee for mediation in the amount and manner determined by this article and the concluded mediation agreement.
The Principal is obligated to pay the Fee even when with a Third Party, to whom the Broker has directed him and with whom the Broker has brought him into contact, he concludes a legal transaction different from the one mediated, but which achieves the same purpose as the mediated transaction or the subject matter of which is the property subject to mediation.
It is considered that the Broker has enabled the Principal to establish contact with the Third Party if he has:
directly taken or directed the Principal to inspect the subject property,
rganized a meeting between the Principal and the Third Contracting Party for negotiation of a legal transaction,
communicated to the Principal the name and surname, or the company name, telephone number, fax number, email address of the Third Party authorized to conclude a legal transaction, or communicated the exact location of the requested property.
If the Principal withdraws during the conclusion of the mediated transaction (after the Broker has provided him with an acceptable offer), he is obligated to pay the Broker the agreed Fee.
The brokerage fee does not include the following costs borne by the Principal: translation by an authorized court interpreter of all documents related to the subject of this agreement, court fees for registration, pre-registration, and annotation, notary fees for certification of signatures on documents, court fees or state stamps, identification certificates, obtaining building and/or use permits, and/or costs of obtaining other documentation from the competent court, state geodetic administration, bank, administrative departments of competent bodies of local and/or regional self-government units or other bodies.
VIII. Protection of Personal Data
By entering into the Agreement, the Principal confirms that they are aware that the Broker, as the data controller, collects and processes personal data of authorized persons of the Principal solely for the purpose and needs of executing thisAgreement and hereby gives their explicit consent to the collection and processing of said data, in accordance with the provisions of the General Data Protection Regulation – Regulation (EU) 2016/679 and the Personal Data Protection Policy of Mandić Group d.o.o., published on the Agency's website. Personal data is collected in writing when entering into the Agreement.
Data collected during the conclusion/amendments or supplements to the Agreement (name and surname of the director or signatory for the Principal, address, date of birth, Personal Identification Number (OIB), email address, and telephone number) are processed by electronic entry of personal data into the computer and these data are stored in digital form, locked with a password.
The originals of the Agreement are kept in physical form in special folders without the possibility of unauthorized access, and on the Broker's computers in electronic form.
The aforementioned data must not be used for any purpose other than that for which they were collected.
Data is kept for the duration of the Agreement and after the termination of the Agreement for the purpose of regulating legal relations arising from the (termination of) contractual relationship, or until the expiration of the relevant statutory limitation periods in accordance with special regulations governing the limitation period for the relevant contractual relationship.
The Principal authorizes the Broker to transfer the collected data to third parties in the event of a transfer of business, establishment of business relationships in terms of business partnerships and similar relationships (especially for accounting and bookkeeping purposes).
By their signature, the Principal confirms that before entering into the Agreement, they were informed of the intention to use the Broker's personal data and the data of its employees. The Broker is obliged to handle personal data in accordance with the currently applicable legal regulations governing the area of personal data protection.
Persons authorized to represent the Principal, signatories of the Principal, as well as employees of the Principal, all in the capacity of data subjects, may request the realization of all data subject rights from the Broker in the capacity of data controller and/or data processor in accordance with the applicable legal regulations governing the area of personal data protection.
Persons authorized to access personal data of persons authorized to represent the Principal, personal data of signatories of the Principal, and personal data of employees of the Principal are exclusively persons authorized by the Broker, in accordance with a special decision of the Broker.
The Broker will handle personal data in accordance with all applicable legal regulations, applying appropriate physical, technical, and other security measures to protect personal data from unauthorized access, misuse, disclosure, loss, or destruction.
IX. Final Provisions
For all matters not expressly regulated by these General Terms and Conditions, the Law on Mediation in Real Estate Transactions, the Law on Obligations, the Law on Prevention of Money Laundering and Terrorism Financing, and other applicable regulations shall apply.