General business terms

Of CORAL REAL ESTATE INTERNATIONAL real estate agency, 10000 ZAGREB, Bukovačka cesta 213

GENERAL PROVISIONS

Article 1

1.1. The General terms and conditions for real estate brokerage regulate the business relationship between a real estate agent (hereinafter: realtor) and a natural or legal person (hereinafter: principal), who concludes a written brokerage contract with the realtor (hereinafter: brokerage contract).
1.2. The General terms and conditions are an integral part of the mediation contract concluded between the realtor and the principal.
1.3. Certain terms and names in the sense of these General terms and conditions have the following meaning:

• The real estate broker is the agency CORAL CONSULTING SERVICE d.o.o., Zagreb, Bukovačka cesta 213, OIB: 86144044751, a business which meets the conditions for real estate brokerage set by the Law on Real Estate Brokerage (hereinafter: realtor).
• A real estate brokerage agent is a natural person who is registered in the Directory of Real Estate Brokerage Agents.
• Real estate brokerage is the actions of realtors concerning the connection of the principal and a third party and negotiations and preparations for concluding legal affairs, and their subject is a particular real estate, especially in buying, selling, exchanging, renting, leasing, etc.
• Principal is a natural or legal person who enters a written brokerage contract with a realtor (seller, buyer, lessee, leaser, lessor, tenant and other possible participants in real estate) (hereinafter: the principal).
• A third party is a person whom a real estate agent tries to connect with the principal in order to negotiate the conclusion of legal affairs that have a particular real estate as the subject (hereinafter: third party).
• Real estate is a plot of land, together with everything that is permanently connected to the land on or below the surface in accordance with the provisions of the General Regulation on Ownership and other rights in rem.

1.4. The General terms and conditions are an integral part of each concluded mediation contract and are applied to the principals together with each individual concluded mediation contract.
1.5. If the concluded mediation contract differs from the General terms and conditions, the provisions of the mediation contract will be applied.

OFFER

Article 2

2.1.  Our offer is based on data received in writing or orally from the principal – the owner of real estate offered for sale, purchase, exchange, lease or rent.
2.2.  When receiving the data on real estate, its description or price there is a possibility of error for which the realtor is not responsible. The realtor is also not liable in the case that the property owner withdraws from the mediation process. 

BROKERAGE CONTRACT

Article 3

3.1. The real estate brokerage contract obliges the realtor to find and connect a person to the principal, in order to negotiate and conclude a legal affair on the transfer or establishment of a certain right to a real estate, and the principal undertakes to pay the realtor a certain brokerage commission if the legal affair is concluded.
3.2.  The real estate brokerage contract is concluded in written form and for a certain period of time.
3.3. If the contracting parties do not agree on the term for which the brokerage contract is concluded, it is considered that the real estate brokerage contract is concluded for a certain period of 12 months and may be extended several times by agreement of the parties. 

EXCLUSIVE MEDIATION

Article 4

4.1. The principal may undertake in the brokerage contract not to hire any other realtor for the mediated legal affair – exclusive mediation, which must be explicitly agreed.
4.2. If during the duration of the contract on exclusive mediation the principal concluded a legal affair through another realtor, and for which the exclusive realtor was given a mediation order, he is obliged to pay the realtor the agreed brokerage commission, as well as possible additional actual costs incurred during mediation for the said affair.
4.3. When concluding a contract on exclusive mediation, the realtor is obliged to warn the principal of the meaning and legal consequences of this provision.
4.4. A contract on exclusive mediation concluded for a definite period of time shall terminate upon 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 termination of either party in accordance with the provisions of the contract on exclusive mediation.
4.5.  If, within a period not exceeding the duration of the contract on exclusive mediation after the termination of the contract, the principal concludes a legal affair which is mainly a consequence of the realtor's actions before the termination of the contract on exclusive mediation, he must pay the realtor in full, except if orally agreed otherwise. 

OBLIGATIONS OF THE REALTOR

Article 5

5.1.  By signing a contract on real estate brokerage, the realtor undertakes to perform in particular the following:

• Try to find and connect a person to the principal in order to conclude a brokered deal.
• Familiarize the principal with the average market price of a similar real estate.
• Obtain and inspect documents that prove ownership or other real right on the real estate in question.
• Perform the necessary actions for the presentation, i.e., presentation of real estate on the market, advertise the property in an appropriate manner and perform all other actions agreed in the real estate brokerage contract that exceed the usual presentation, for which the realtor is entitled to special, pre-specified costs.
• Enable real estate overview.
• Mediate in negotiations and try to reach an agreement if he has specifically obliged to do so.
• To keep the personal data of the principal, and upon the written order of the principal to keep as a business secret the data on the real estate for which he mediates, or the data connected to that real estate or to the affair for which he mediates.
• If the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning related to that land.
• Inform the principal of all circumstances relevant to the intended affair that he knows or must know.
• Familiarize the principal with the provisions of the Law on Prevention of Money Laundering and Terrorist Financing.

OBLIGATIONS OF THE PRINCIPAL

Article 6

6.1.  By concluding a contract on real estate brokerage, the principal undertakes to perform in particular the following:

• Inform the realtor about all the circumstances that are important for the mediation and provide accurate information about the real estate and possibly give the broker a location, construction or usage permission for the real estate that is the subject of the contract and provide the realtor with evidence of fulfillment of obligations to a third party.
• Provide the realtor with the documents proving his ownership of the real estate, or other real right on the real estate that is the subject of the contract and warn the broker of all registered and unregistered encumbrances that exist on the real estate.
• Provide the realtor and the third party interested in concluding the brokered affair with a tour of the real estate.
• Inform the realtor of all relevant information about the requested real estate, which includes in particular the description of the real estate and the price.
• After concluding the brokered affair, i.e., precontract under which he undertook to conclude the brokered legal affair, if the realtor and the principal have agreed that the right to pay the brokerage commission is acquired upon concluding the pre-contract, pay the brokerage commission, unless otherwise agreed.
• Reimburse the realtor for expenses incurred during the mediation that exceed the usual mediation costs.
• Inform the realtor in writing of all changes related to the affair for which he has authorized the realtor, particularly of changes related to the ownership of real estate.

6.2.  The principal is not obliged to enter negotiations for concluding a brokered deal with a third party found by the realtor, nor to conclude a legal affair. The principal will be liable to the realtor for damages, if he did not act in good faith and trust and is obliged to reimburse all costs incurred during the mediation, which may not exceed the agreed brokerage commission.
6.3.  The principal will be liable for damages if he acted fraudulently, if he omitted or failed to provide correct information relevant to the brokerage business in order to complete the brokered deal. 

BROKERAGE COMMISSION

Article 7

7.1.  The realtor is entitled to a brokerage commission for mediation (hereinafter: the commission) in accordance with the valid price list and / or brokerage contract.
7.2.  The realtor is entitled to the brokerage commission in full, immediately after the conclusion of the first legal act concluded by the contracting parties (pre-contract or sales contract).
VAT is not charged on the amount of the commission because the CORAL CONSULTING SERVICE d.o.o is not in the VAT system.
7.3.  If the principal himself offers the realtor a commission or reward higher than agreed, the realtor may receive such a reward, but provided that it is not in an obvious disproportion to his services, the outcome of his work and the financial situation of the party.
The realtor may contract the right to reimbursement of expenses necessary for the execution of the order and request that funds be paid in advance for certain expenses.
7.4.  A realtor is considered to have enabled the principal to liaise with a third party to negotiate a contract, if the principal has been allowed to contact a third party (natural or legal) with whom he has negotiated a legal affair, particularly if:

• he directly brought or sent a third person to the principal to inspect the real estate that is the subject of mediation;
• he organized a meeting between the principal and a third party to negotiate a legal affair;
• he informed the principal of the name, telephone number, fax number, e-mail of another person authorized to conclude the legal affair or informed him of the exact location of the requested real estate.

 7.5.  The agency is obliged to charge a commission for the mediation in accordance with the price list. 

PRICE LIST

Sale

Commission for mediation in the sale of real estate – charged by the seller
2 - 4%, but not less than HRK 8,000.00

Purchase

Commission for mediation when buying real estate – charged by the buyer
2 - 4%, but not less than HRK 8,000.00
The commission is charged by the buyer if it is agreed, or the realtor has received a written or oral order from the buyer to demand the property.

Exchange

When exchanging a real estate, the commission is charged by each party in exchange, and the percentage is calculated from the value of the real estate that the party acquired by exchanging 2-3%. 
Lease and rent
Rent and lease – commission from lessor and leaser
Percentage of monthly rent
100% - minimum for rent or lease, contracted duration of 12 to 59 months
150% - minimum for rent or lease contracted duration of 60 months (5 years) and more
Rent and lease – commission from tenant and lessee
Percentage of monthly rent
100% - minimum for rent or lease, contracted duration of 12 to 59 months
150% - minimum for rent or lease contracted duration of 60 months (5 years) and more 

Brokerage hourly wage

If it is explicitly agreed, the realtor in agreement with the principal may perform other services for him in connection with the affair that is the subject of mediation and which exceed the usual costs of mediation, in which case the price of brokerage hourly wage will be HRK 500.
VAT is not included in the price because the agency is not in the VAT system. 

TERMINATION OF THE CONTRACT

Article 8

8.1. The mediation contract is concluded for a period of 12 months or for an indefinite period of time and terminates upon the expiration of the term for which it was concluded, unless within that period the contract for which it was mediated was concluded, or by termination of either party. The principal will acknowledge the mediation even after the expiration of the contract if the contact with a third party was concluded during the contract. If the principal unilaterally terminates the contract before the expiration of the agreed term, he is obliged to reimburse the realtor within 7 (seven) days all mediation costs incurred before the termination of the contract, i.e., advertising costs, material costs and other, if they were contracted and if they arose.
8.2.  The principal is obliged to reimburse the realtor for the costs incurred for which it was otherwise agreed that the principal pays them separately.
If within one year after the termination of the contract the principal enters a legal affair with a person with whom he was connected by a realtor, and for which the realtor mediated during the validity of the contract, he must pay the realtor commission in full, unless otherwise agreed by the contract.

FINAL PROVISIONS

Article 9

9.1. For everything that is not explicitly determined by these General terms and conditions, the Real Estate Brokerage Act, the Civil Obligations Act, and other legal regulations will be applied.
9.2. All content published on this website is subject to copyright protection. Unauthorized use of any part of this website and all its contents is considered copyright infringement and is subject to lawsuits.
In force since May 22, 2018.

DATA:
Agency CORAL CONSULTING SERVICE d.o.o., real estate business, and is entered in the Register of Real Estate Brokers in the Republic of Croatia, maintained by the Croatian Chamber of Commerce.

CORAL CONSULTING SERVICE d.o.o. Agency is a licensed real estate agency and is an active member of the Croatian Chamber of Commerce.
Our agents, who have passed the certification exam, are registered in the Directory of Real Estate Agents in the Republic of Croatia.

Name: CORAL CONSULTING SERVICE d.o.o.
Headquarters: 10000 Zagreb, Bukovačka cesta 213
PIN: 86144044751
Transaction accounts: Erste & Steiermärkische Bank JSC
IBAN: HR5924020061101050040

Insured against damage with Croatia Osiguranje JSC