General business terms

General business terms

OPĆE ODREDBE

GENERAL PROVISIONS

The general terms and conditions of business regulate the business relationship between Compass Services, reproduced by Maja Elez, (hereinafter: Compass Real Estate Agency) as an intermediary and principal (natural or legal person). By Concluding the Mediation Agreement, the principal confirms that he is familiar with and agreeing with the terms and conditions of operation of the Compass Real Estate Agency.

Principal

According to these conditions, the principal is a legal or natural person who is a signatory of the Mediation Agreement or the Mediation Order. The principal, according to these conditions, is a legal entity in which a natural person is, as a signatory of the Mediation Agreement or the Mediation Order, has a share in the ownership or has the authority to represent the legal entity, even if the natural person signed the Mediation Agreement or the Mediation Order in his name and for your account. A natural person as a signatory of the Mediation Agreement or Mediation Order is jointly and severally liable with the legal entity on behalf of which the Mediation Agreement or Mediation Order was signed.

OFFER

The Compass Real Estate Agency’s offer contains data received in writing or orally and subject to confirmation.

The Compass Real Estate Agency retains the possibility of error/confession in the description and price of the property that may result from erroneously provided data or a change in the conditions of sale not handed over in writing, and the possibility that the advertised property has already been sold (or rented) or the owner has abandoned the sale (or lease/lease).

Bids and notices from the Compass Real Estate Agency must be kept by the assignee (principal) as a trade secret and only with the written authorisation of the agency may transmit them to third parties.

If the offeree is already aware of the properties offered to it by the Compass Real Estate Agency, it is obliged to inform the agency without delay.

Liabilities of the Compass Real Estate Agency

· conclude a written mediation agreement with the principal (standard or exclusive);

· seek to find and liaise with the principal a third party who would negotiate with him the conclusion of a sales contract (exchange agreement, etc.), rent or lease of immovable property.

· under these conditions, a person is the owner of the property, the representative of the owner, i.e. members of the family of the owner of the property, the purchaser, the tenant or lessee, the proxy or family member of the purchaser, tenant or lessee.

· the intermediary is required to seek the opportunity to conclude the contract with due diligence and to link the principal to a third party interested in concluding the contract. The mediator undertakes to mediate the negotiations and endeavour to conclude the contract.

· make the principal aware of the average market price of a similar property;

· alert the principal with legal and physical defects in the property;

· consult documents proving ownership or other right in rem in the property in question and alert the principal of obvious defects and possible risks due to the unregulated land registration status of the property;

· perform the necessary actions to present (present) the property in the market and advertise the property as determined by the agency;

· a personal presentation of the property;

· preserve the principal’s personal data and, upon written order of the principal, preserve as trade secrets information about the immovable property for which he or she intervenes, or in relation to that immovable property or the business for which he or she intervenes;

· with the cooperation and notification of the principal: mediate negotiations and seek to reach the conclusion of a legal transaction, be present at the conclusion of the legal transaction (pre-contracts and contracts), attend the handover of the immovable property which is the subject of the legal transaction, with minutes drawn up;

· if the subject matter of the conclusion of the contract is land, check the land use in question in accordance with the spatial planning regulations relating to that land and inform interested parties accordingly;

· arrange for the authentication of the parties’ signatures with a notary public;

· submit a proposal for the registration of property rights over purchased property in the name of the buyer with the land registry of the competent Municipal Court;

· perform all tasks relating to the transfer of overheads (electricity, water, telephone, refuse collection, municipal charge, rent, building reserve, etc.) to the new owner of the property;

· in agreement with the principal, the Compass Real Estate Agency will obtain project documentation for the principal to obtain the planning and construction permit, i.e. in cooperation with the trusted designers, if explicitly agreed, but the costs of producing them are not included in the amount of the intermediary fee.

· through these terms, the Compass Real Estate Agency has brought the principal into contact with a third party (natural or legal) if the principal has been able to liaise with a third party with whom he or she negotiated to enter into a legal transaction, in particular where:

immediately carried out or sent the principal or a third party to sightsee the property in question;

immediately carried out or sent the principal or a third party to sightsee the property in question;

organise a meeting between the principal and the other contracting party to negotiate a legal transaction

communicated to the principal the name, telephone, fax number, e-mail of another person authorised to enter into a legal transaction or has communicated to him the exact location of the property sought.

Obligations of the principal

· Conclude a mediation agreement with the Compass Real Estate Agency in writing, a standard or exclusive contract;

· Inform the Compass Real Estate Agency of all circumstances relevant to the conduct of the broker and present accurate data on the property, and if it has the intermediary the location, construction or use permit for the property subject to the contract, and provide evidence of compliance with the obligations towards the third party;

· Give the intermediary access to documents proving his ownership of the property, i.e. other right in rem in the immovable property that is the subject of the contract, and alert the intermediary of all registered and unregistered charges on immovable property. If the principal is a legal person, provide evidence to the intermediary that the natural person who is the signatory of the order is authorised to represent the legal person.

· Provide the Compass Real Estate Agency and a third party interested in concluding an intermediated job with the presence/following of staff of the Compass Real Estate Agency;

· Notify the Compass Real Estate Agency in writing of any new relevant information on the property sought, including in particular the description, ownership status and price of the property;

· Immediately after the conclusion of the intermediated legal transaction, i.e. a pre-contractual agreement committing to enter into an intermediated legal transaction, if the Compass Real Estate Agency and the principal have agreed that the right to pay the intermediary fee is acquired already upon conclusion of the pre-contractual agreement, pay the Compass Real Estate Agency an intermediary fee (commission), unless otherwise agreed upon;

· Where specifically agreed to compensate the Compass Real Estate Agency for costs incurred during the mediation that exceed the usual mediation costs;

The principal will be liable for damage, if he did not act in good faith, if he acted fraudulently, if he has concealed or provided inaccurate data relevant to the task of acting as an intermediary in order to complete the legal transaction, and is required to reimburse the Compass Real Estate Agency for any costs incurred in the course of the mediation, which cannot be greater than the intermediation fee for the intermediated business. The exercise of the right to compensation in the event of the conclusion of a legal transaction for which the intermediary brokered between the principal and a third party, Nalogodavac is obliged to pay the intermediary the agreed intermediary fee.

If the principal finds the buyer himself and enters into a sales contract, the principal shall inform the intermediary, in writing or orally, within 7 (seven) days, of the sale of the property brokered.

The intermediary acquires the right to collect the intermediary fee at the time of the conclusion of the legal transaction for which he or she brokered between the principal and the third party.

A legal transaction is deemed to be concluded when Nalogodavac and the third party have agreed on the subject matter of the contract and the price, i.e. at the time of the conclusion of the contract, the pre-contractual agreement and/or the deposit of the master for the intermediated legal transaction. Under these terms, the intermediated legal transaction is also the one when Nalogodavac concludes a contract, a contract and/or deposits a kapar with a third party with which the intermediary has brought it into contact with immovable property belonging to a third party or members of his family, even though they are not expressly mentioned in the Mediation Agreement or the Intermediate List.

The intermediary fee includes cumulatively all the costs incurred by the Intermediary during the intermediation, and the intermediary loses the right to reimbursement of the same costs by collecting the intermediary fee.

This does not apply to the costs incurred by the intermediary, in agreement with the contracting entity, of other services related to the work being brokered which do not fall under normal mediation activities.

The agreed brokerage fee does not include the costs of paying court fees for registration, registration and notarial fees for authenticating signatures on documents, payment of fees for obtaining title deeds, copies of the cadastral plan, identification, transfer of mortgages, mortgage cancellation fees, certificates and other documents relating to the concluded legal transaction.

The intermediary will also bear the costs of the usual lawyer’s service for drawing up the contract on the legal transaction for which he or she has facilitated, but only if these services have been carried out by the lawyer with whom the intermediary has a cooperation agreement.

The amount of intermediary commissions for the intermediation of the sale, exchange, lease and letting of immovable property shall be charged in accordance with the brokerage agreement.

The Compass Real Estate Agency may agree to reimbursement of expenses necessary for the execution of the order and ask to be pre-funded for certain expenses.

The principal is also required to pay a fee to the Compass Real Estate Agency where the agency has entered into a different legal transaction with the person with whom it was linked from that for which it was brokered, which is of the same value as the legal transaction or which achieves the same purpose as the intermediated work.

The Compass Real Estate Agency is entitled to compensation if the spouse or non-marital partner, descendant or parent of the principal enters into an intermediate legal transaction with a person with whom the principal’s agency has established a relationship.

An intermediary shall not be entitled to a mediation fee if he or she enters into a broker contract with the principal himself as a party to the contract which has been the subject of the mediation, or if such a contract is concluded with the principal by an agent carrying out the intermediation activities of the intermediary.

FEE AMOUNT

The official price list of intermediaries complied with the Act on the intermediation of real estate transactions, adopted by the Croatian Parliament at its session on 1 April 2019.

PURCHASE

The commission of the Compass Real Estate Agency is 3 % of the realised purchase price of the property.

Commission is charged to the buyer if it has been contracted or the Compass Real Estate Agency has received a written or oral demand order from the buyer.

Compass’s real estate agency reserves the right to change the amount of the intermediary fee, which is precisely determined by the brokerage agreement.

In the event that the Compass Real Estate Agency has an exclusive intermediary contract, commission is charged on the basis of the amount agreed and specified in the contract.

SALES

The commission of the Compass Real Estate Agency is 3 % of the realised purchase price of the property.

Compass’s real estate agency reserves the right to change the amount of the intermediary fee, which is precisely determined by the brokerage agreement.

In the case of principals with whom the Compass Real Estate Agency has an exclusive intermediary contract, commission is charged on the basis of the amount agreed and specified in the contract.

REPLACEMENT

The commission of the Compass Real Estate Agency is 2 % charged by each side of the swap, and the percentage is calculated from the value of the property acquired by the party in exchange.

Compass’s real estate agency reserves the right to change the amount of the intermediary fee, which is precisely determined by the brokerage agreement.

RENT/LEASE

In the case of a lease/lease agreement, one monthly rent is charged on the lessee/lessee.

Compass’s real estate agency reserves the right to change the amount of the intermediary fee, which is precisely determined by the brokerage agreement.

TERMINATION

If the parties fail to agree on the period within which they enter into a brokerage agreement, the agreement on the brokerage of immovable property shall be deemed to have been concluded for a fixed period of 12 months and may be extended more than once by agreement of the parties.

A fixed-term brokerage contract shall cease on the expiry of the term for which it was concluded if the contract for which it was mediated has not been concluded within that period or by the termination of either of the parties. The principal may cancel the mediation order provided that the revocation is not contrary to the principle of good faith. In that regard, the procedure for cancelling an order cannot fall into time with the intention of depriving the intermediary or knowingly damaging the right to compensation.

If, during the term of the mediation order, or after its revocation, for no more than two years, the latter concludes a legal transaction with a person with whom the intermediary brought it into contact, or concludes it through another intermediary, who brought him into contact with a third party after the Intermediary, he or she will be deemed to have acted contrary to conscientiousness (within the meaning of Article 12 of the Charter). The agent is required to reimburse the intermediary commission in full) and is obliged to reimburse the intermediary commission in full.The broker shall be required to reimburse the intermediary for the costs incurred for which it has otherwise been expressly agreed to be paid by the principal.

If, within a period not exceeding the duration of the brokerage contract concluded after the termination of that contract, the principal enters into a legal transaction predominantly as a result of the intermediary’s action prior to the termination of the brokerage contract, he shall pay the intermediary fee in full to the intermediary.

Availability of the general operating terms and conditions of the Compass Real Estate Agency

The general operating conditions of the Compass Real Estate Agency are available at the Agency’s premises, Sućidar 2, Split, on the intermediary’s website www.compass-realestate.hr

General provisions and dispute settlement

Relations between the principal and the agency arising from a brokerage agreement which are not governed by these General Terms and Conditions or the Mediation Contract shall be governed by the provisions of the Law on the intermediation of immovable property and the Civil Obligations Act.

For possible disputes, the court in Split has jurisdiction as to the substance of the matter.

Craftsman for Compass services, vl. Maja Elez was established in May 2023, based in Split, street Sućidar 2.

The main activity of the craft business is the intermediation of real estate transactions operating in Split-Dalmatia County, the island and, if necessary, the whole of Croatia.

We are registered in the Register of Real Estate Agents at HGK. Registration No: 117/2023.