GENERAL TERMS AND CONDITIONSLucerna Properties, a real estate brokerage agency
Owner: Lucija Novoselec
5 Pavlinska street
1.SCOPE OF GENERAL TERMS AND CONDITIONS
1.1.The General Terms and Conditions are used to regulate the business relationship between the Lucerna Properties real estate brokerage agency (hereinafter: Lucerna Properties agency) as a broker and the client (natural or legal persons). By concluding the brokerage agreement the client confirms that they are informed on and compliant with the provisions of the general terms and conditions of Lucerna Properties agency which are part of the brokerage agreement.
2.OFFER OF THE LUCERNA PROPERTIES AGENCY
2.1.Lucerna Properties Agency's offers contain details that have been received by the client verbally or in writing. Lucerna Properties Agency retains the possibility of a mistake/misunderstanding in the property description or its pricing, that can arise from incorrectly received data or the change in the terms of sale by the client, which have not been submitted in the written form. There is also a chance of the property being sold (or rented) or the owner giving up the sale (rent/lease). Lucerna Properties Agency is not held responsible in such cases.
2.2.The client has to keep Lucerna Properties Agency's offers and notifications as a business secret and only with the agencies consent are they allowed to disclose them to the third party. Should the offer recepient already be acquainted with the Lucerna Properties Agency offers, he is obliged to inform the agency immediately.
3.LUCERNA PROPERTIES AGENCY OBLIGATIONS
3.1.Obligations of the Lucerna Properties agency are the following:
1.To conclude the brokerage agreement with the client in writing (standard or exclusive);
2.To strive to find and liaise with the client the third party to negotiate the conclusion of the contrtransactionof sale, exchange, rent or lease of a property. Under these conditions the third party is the property owner, an owner's legal representative, buyer, a lesee or a tenant, a legal representative of a buyer, a seller, a lessor, a landlord or a legal representative of the seller, landlord or the lessor.
3.To acquaint the client of the average market price of a similar property;
4.To warn the client of the before known legal and physical defects of the property;
5.To collect from the client (seller) and conduct an inspection of the documents that are a proof of the ownership or any other real right of the underlying property and alert the client to evident defects and possible risks due to the unregulated land registry status of the property.
6.To perform all the actions needed to list the property on the market and advertise the property in a way determined by the agency itself;
7.To organise the viewing of the property
8.To keep the personal data of the client, and upon the written order keep as classified the information regarding the property for which they mediate rn just regarding the property or the business in question.
9.To provide brokerage services in negotiations and strive to conclude the legal transactionif obliged to it with the Agreement;
10.The Agency can also perform the following actions, in which case it is entitled to expenditures as agreed on by the following Terms:
-To organise the verification of signatures at the public notary, and in case of using the bank loan performing all the necessary activities needed to realise the legal transaction.
-To submit the tax declaration with the local tax authorities, submit the valid documentation for the household expenses transmition, submit the proposal for real property rights for the property that was the subject of the brokerage agreement to the competent land registry court.
-Hire the professional assistance of a lawyer with preparing the necessary deeds and giving legal opinion
11.It is considered that Lucerna Properties Agency has liaised the client with the third party (natural or legal), i.e. mediated, if the client has been enabled to conttransactionthe third party with purpose of negotiating the conclusion of a legal act, and especially if:
-they directly took or referred the client/buyer (or their representative) or the third person to view the property in question,
-they organised a meeting between the client (or their representative) and the third party to negotiate the conclusion of the legal act,
-they informed the client (or their representative) of the name, phone number, mobile phone, e-mail or other information of the third party (or their representative) or informed them of the extransactionlocation or the land registry details of the property in question.
4.OBLIGATIONS OF THE CLIENT
4.1.Obligations of the Client as defined by the Brokerage agreement concluded with the Lucerna Properties Agency are as follows:
1.To conslude the Brokerage agreement with Lucerna Properties Agency, in written form, either a standard or exclusive version.
2.To inform Lucerna Properties Agency of all the circumstances important for performing the brokerage and submit all the correct details about the property, the location permit, the building permit i.e. the operational licence for the property that is the subject of the agreement and offer the mediator insight into the proof of honouring the obligations to the third party.
3.To secure and provide the broker insight into the documents proving the ownership i.e. other right in rem of the property that is the subject of the agreement and alert the realtor of all the registered and not registered financial encumberances on the property. If the client is a legal person they should sumbit the proof that a natural person that is the order signatory, is the legal person's licenced representative.
4.To provide Lucerna Properties Agency the property viewing in the presence of the Lucerna Properties Agency employees.
5.Inform Lucerna Properties Agency in written form of any new and relevant details about the property in question, especially its description, ownership status and its pricing.
6.Immediately after the conclusion of the mediated transaction, i.e. the preliminary agreement which obliges the client to conclude the mediated transaction, if Lucerna Properties Agency and the Client have agreed that the rights of the brokerage fee are acquired after the conclusion of the preliminary agreement, reimburse the Lucerna Properties Agency the brokerage fee (comission), unless otherwise has been agreed on.
7.Immediately after concluding the legal transaction, unless the Agency was present at the time of its conclusion, submit a copy of the concluded (preliminary) agreement. On the contrary, it will be assumed the client has violated the Brokerage agreement.
8.To compensate Lucerna Properties Agency the costs incurred during the medation process as agreed on in the Agreement and these Terms and Conditions.
9.The client will be liable for all the damages incurred by witholding or misinforming the Lucerna Properties agency in the brokerage process.
10.If it comes to the conclusion of the legal transaction for which the brokerage company has mediated between the Client and the third party, i.e, if the conclucion of the legal transaction is a consequence of the mediator's actions in terms of article 3.1.11. of these Terms and Conditions, the Client is obliged to reimburse the agreed on brokerage fee.
5.RIGHT TO CHARGE THE BROKERAGE FEE
5.1. The mediator acquires the right to charge the brokerage fee at the moment of the conclusion of the legal transaction for which they have mediated between the Client and the third party, as well as in any other situations regulated by the Agreement and these Terms and Conditions.
5.2.The legal transaction considered to be concluded when both the Client and the third party agree in terms of the subject of the Agreement and its price, i.e. at the moment of the conclusion of the preliminary contract transaction or paying an advance for the mediated legal act.
5.3.According to these Terms and Conditions, the mediated legal transaction is also the one when the client concludes the Contract, Preliminary Contract, or makes the downpayment to the third party, which was liaised with the Client by the broker, related to the properties that are (co)owned by the third party or the members of their family although they have not specifically been mentioned in the Brokerage agreement.
6.BROKERAGE FEE AMOUNT
6.1.The brokerage fee amount for the brokerage performed in the process of buying or selling, exchange, lease or rent of properties is charged according to the Brokerage agreement.
6.2.The Client is obliged to reimburse the fee to Lucerna Properties Agency even in the case of concluding with the third party (that has been liaised by the Agency) a different legal transaction than the one that has been mediated on.
6.3.Lucerna Properties Agency is entitled to the brokerage fee even in the case of a marital or non-marital partner, ancestor or descendant of the client, up to the 4th degree of the direct or indirect line (direct blood line or relatives by marriage), or a person that is legaly or de facto connected with the Client, or the legal person in which the Client or the before mentioned persons hold 10% or more stocks or shares, concludes a mediated transaction with the person that the Agency introduced to the Client.
If all the evidence shows that the Client is letting the legal transactionbe concluded between the above mentioned persons related to him and the Third party which has been introduced to his by the mediator, all with the goal of avoiding payment of the brokerage fee, the Client will be obliged to pay the Lucerna Properties Agency the fee double in amount of the agrred on fee/comission which will be calculated according to the whole agreed expected price.
6.4.The amount of the brokerage fee is freely agreed on in the Brokerage agreement, all in accordance with the article 27. of the Real Estate Brokerage Act.
The following fees are payed as a brokerage fee:
The comission of the Lucerna Properties Agency is set and agreed on by the Client and the Mediator in the Real Estate Brokerage agreement, up to 30% + VAT of the property price, and is set by the contractual parties in each case individually.
The comission is charged to the buyer if so has been agreed on or if Lucerna Properties Agency has been instructed to search for the adequate property in written or verbal form by the buyer.
In case Lucerna Properties Agency has the exclusive real estate brokerage agreement, the comission is charged according to the amount set and agreed on in the Agreement.
The commission of Lucerna Properties agency amounts to what has been agreed on between the Client and the Broker in the Brokerage Fee Agreement, up to 30%+VAT of the sales price of the property, as agreed on in each case individually. In case the Client has an exclusive Brokerage agreement with Lucerna Properties Agency, the comission fee is charged according to the amount set in the Agreement.
The comission of the Lucerna Properties Agency amounts to what the Client and the Broker have set in the Brokerage Agreement up to 30% + VAT and is charged to each party involved in the exchange, while the percentage is being set by the price of the property the Client has acquired in the process of the exchange.
In case of the lease/rent agreement, a percentage of the monthly fee amount is charged as follows:
Comission from the lessor and the landlord
100% + VAT 25% (IN TOTAL 125%)
Comission from the leasee and the tenant
100% + VAT 25% (IN TOTAL 125%),
i.e. the amount which has been agreed on in the Agreement.
6.5. Exceptionally the commision fee can be set higher than the maximum percentages determined in the Article 6.4, however, the percentage has to be stated in the Agreement.
6.6. Should Lucerna Property Agency realise its right to the brokerage comission fee (and/or any other right related to the brokerage fee) without the Client and the Third party having concluded the intended contrtransactionor the preliminary contrtransactionor in case Lucerna Property Agency isn't capable of determining the price value because the Client has witheld that information, or for any other reason, in that case will Lucerna Property Agency be licenced to charge the brokerage fee taking into account the expected price from the Brokerage agreement.
6.7. If it has been anticipated in the Brokerage agreement that the Agency has the right to charge for the brokerage fee immediately after the preliminary contract has been concluded, the agreed commision will be charged according to the price set in the price in the preliminary contract.
7. TERMINATION OF THE AGREEMENT
7.1. The Brokerage agreement is concluded for a limited time period and that is for the period defined in the Agreement itself.
7.2. Each party is licenced to cancel the Agreement in a written form by means of registered mail which has to be addressed to the other party. The Client can cancel the brokerage order under the condition the cancellation is not contrary to the principles of good faith and equity, however the procedure of the agreement termination can not be time-barred with purpose of depriving the broker or intentionally jeopardize his right on the compensation.
7.3. The Client and the Broker are obliged to terminate the Agreement with each other at least 30 days before its expiration if they do not wish to continue the agreed brokerage relationsip. On the contrary, in case that they both do not cancel the Agreement at least 30 days before its expiration, and the broker continues to perform the services of brokerage even after the Agreement has expired, the Brokerage agreement is automatically prolongued for the period of time it has previously been agreed on in the Agreement.
7.4. In case the Client terminates the Order or refuses to enter into negotiations for concluding the mediated transaction with the Third party the Broker has found of refuses to conclude the legal transaction or in case the Client, after having issued the order, gives up the sale of the property at the moment of the transaction, he is obliged to, if not specifically stated in the Brokerage agreement, pay the broker the before agreed sum of the damage reimbursement (penalty clause) in the amount of the brokerage fee, and the Broker is also entitled to other rights according to Article 23, paragraph 2 of the Real estate brokerage Transaction(NN 107/2007, 144/2012, 14/2014).
7.5. If, during the duration of the Brokerage agreement, or after its termination/cancellation, not longer than two years, the Client concludes without the Broker a legal transaction with the person that has been liaised with him by the Broker, or concludes it via another broker, who liaised him with the Third party after the Broker, he will be held responsible for acting against the principle of fairness (within the meaning of Article 12 of the Civil obligations act), and is obliged to pay the whole comission fee to the Broker.
It will be considered that the conclusion of the legal transaction is the consequence of the Broker's operations if the Broker has done any activities with the goal of enabling the Client to contact the Third party with purpose of negotiating of concluding the legal act, all within the meaning of the Article 3.1.11. of these General Terms and Conditions.
7.6. In case the Agreement has been concluded for the intermediate time period or the period of the durationof the Agreement has not been determined, this decree (7.6) of the General Terms will be applied and it will be considered the Agreement has been concluded for the time period of 5 years from the day of its conclusion.
8. LUCERNA PROPERTIES AGENCY RESPONSIBILITIES
8.1. The client (i.e. the third person) is obliged to secure, obtain and sumbit for viewing to the Agency and the third party (i.e. the Client) all the documentation needed for concluding the intended legal act.
8.2. Lucerna Properties Agency isn't held responsible for the authenticity and credibility of the documentation which has been obtained by the Client and/or the third party.
8.3. The Agency will, according to it's expertise, warn of the obvious incosistencies or defects of the property which can be perceived by an average broker's attention, but is not held responsible: for the possible incorrect or incomplete information that have been presented to the Agency by the Client or the Third party as well as for the possible legal/factical defects on the property that is the subject of the legal transaction including (but not limited to) the disordered land registry condition, incosistencies in the land registry and the cadastral status (i.e. area size in kind and similar), illegality of the building etc.
8.4. The Agency is not held responsible in case of the possible legal invalidity of the agreement or the existence of any disputable relationships, unless the Agency is aware of them but has not warned the Client of them. The prospective invalidity of the (preliminary) contract between the Client and the Third party does not affects the Agency's right to charge the brokerage fee. Equally, in case that there is a dispute between the Client and the Third party after the (preliminary) contract has been concluded or if the contract is annuled, invalid, disputed or in any other situation related to its invalidity, that will not affect the Agency's right to realize it's brokerage fee.
9. EXCLUSIVE CONTRACT
9.1. If it has been specifically stated in the Contract that it is an exclusive brokerage contract, such a contract will have legal significance within the meaning of the Article 16. of the Real estate brokerage act, which means the Client will not hire any other brokers and will, should the Client conclude a legal transaction by themselved or through any other brokers, be obliged to pay the Agency the agreed brokerage fee which will be calculated according to the expected price in the Brokerage contract as well as possible additional real expences.
10. THE AGENCY'S EXPENSES REIMBURSEMENT RIGHT
10.1. The Agency is entitled to the reimbursement of all the real expenses incurred in the process of performing the brokerage service and performing the preliminary activities which have preceded the service of brokerage, especially the travel expenses, costs of the representation, costs of advertising, per diem, hotel accomodation, documents collection, experts assistance (lawyers, geodesists etc), the cost of documentation making, the cost of phone services, possible cost of bank services etc.
10.2. The Agency is entitled to claim the concerned cexpenses from the Client immediately after their incurrence, and their amount will be determined according to the real cost.
10.3. If the Client terminates the order or refuses to take part in the negotiations to conclude the brokered deal with the third party that the broker found, or refuses to conclude the legal transaction with them, or if the Client after having given the order gives up on the sale of the property in question at the moment of the buying/selling transaction or immediately before it, they are obliged to pay the broker, besides the before agreed amount of the penalty clause in the name of the damage as stated in the Brokerage Transaction or these General Terms and Conditions (Article 7.4.), the flat rate amount of the expenses incurred during the brokerage process in the amount of the 2/3 of the brokerage comission calculated based on the expected price from the Brokerage Act, i.e. should the real expenses amount over the flat-rate, then the Agency is obliged to the full amount of the expenses.
11.1. Communication between the Agency and the Client, or between the Agency and the Third party will be conducted through phone (text messages, social media messages, What's up and Viber applications etc), e-mails, fax machine and regular mail.
11.2. All communication between the Agency and the Client which has been directed in the above mentioned ways will be considered valid, except in the case of the Contract or these Terms anticipate a special way of communicating in cerain cases.
11.3. Equally, all the correspondence between the Agency, the Third person and the Client, conducted in any of the ways mentioned in the first paragraph of this Article will be held valid and legitimate documentation in the meaning of confirming performance of the service of brokerage, i.e. bringing the Client in contact with the Third party.
12. AVAILABILITY OF THE GENERAL TERMS AND CONDITIONS OF LUCERNA PROPERTIES AGENCY
12.1. General Terms and Conditions of Lucerna Properties Agency business conduct are available at the premises of Lucerna Agency headquarters in 5 Pavlinska street, Varaždin where they have been displayed in a highly visible and accessible place, according to Law.
13. GENERAL PROVISIONS AND DISPUTE RESOLUTION
13.1. Relationships between the Client and the Agency that arise from the Brokerage contract but are neither regulated by these General Terms and Conditions nor the Brokerage contract, will be liable to the regulations of the Real Estate Brokerage Transaction and the Law on obligatory Relations. The court in Varaždin is responsible for any prospective disputes.
14. ENTRY INTO FORCE
14.1. These General Terms and Conditions enter the force on 1 January 2017.
14.2. On the date of these Terms and Conditions entering the force, all the previous Terms and Conditions expire.
In Varaždin, 1 January 2017.
LUCERNA PROPERTIES REAL ESTATE BROKERAGE COMPANY
Owner: Novoselec Lucija