The real estate agency Unikat Immobilien Istrien d.o.o. (hereinafter referred to as the "Agency") has the following terms and conditions pursuant to the provisions of the Real Estate Brokerage Act (Official Gazette No. 107/07).
Article 1.
The general terms and conditions regulate the business relationship between the agency and the client (natural or legal person). With the conclusion of the agency contract, the customer confirms that he is familiar with the provisions of these general terms and conditions and that he agrees to them. The general terms and conditions are an integral part of the agency contract.
Article 2.
The agency's offer is based on information that the agency has received in writing or orally from its clients. The agency reserves the possibility of errors in the description and price of the property, as well as the possibility that the property has previously been sold or rented or the owner has withdrawn from the sale or rental.
Our clients must treat our offers and communications confidentially and may only pass them on to third parties with our written consent.
If the client is already familiar with one of the facilities we offer, he is obliged to inform us immediately.
Article 3. - Agency's obligations
1. Conclude a brokerage contract with the customer in writing (standard or exclusive),
2. Trying to find a person and bring them into contact with the customer in order to complete the brokered transaction;
3. Familiarize the client with the average market price of similar properties,
4. Draw the customer's attention to property defects,
5. Examine the records showing ownership or any other fundamental right to the property in question and warn the client of obvious defects and possible risks due to the property's unregulated state in the land register;
6. Make the client familiar with all legal, tax and other obligations that arise for him from the legal transaction in relation to the property in question;
7. Take the necessary measures to present the property on the market, advertise the property in a manner determined by the agency,
8. Enable viewing of real estate,
9. Confidential storage of the client's personal data. At the written request of the client, data on the real estate to be brokered, data related to the property or data related to the brokered business will be treated as business secrets.
10. Inform the customer of all circumstances that are of importance for the intended business and are known to the agency;
11. Mediate in negotiations and endeavor to conclude a legal purchase transaction,
12. Presence at the conclusion of the legal transaction (preliminary contract and contract),
13. Presence at the handover of the property, which is the subject of the legal transaction,
14. If the client authorizes the agency, the agency will do the following for the client:
- After the conclusion of an agreement, drawing up a preliminary contract and contract for the sale / exchange / lease / rental of real estate,
- Organization of the certification of the signatures of the contracting parties by the notary,
- In the event that a loan is used, all activities necessary to carry out the legal transaction are carried out,
- Handover of valid documents for the transfer of utility services from the seller to the buyer,
- Organization of measures to draw up a proposal for the registration of the ownership rights to the acquired real estate and the implementation of the transfer of ownership rights on behalf of the buyer in the land registry department of the competent local court.
It is assumed that the broker has enabled the client to establish contact with another person (natural or legal) with whom he has negotiated a legal transaction, in particular if the broker: led the client to view the property in question or led him the way to it; has organized a meeting between the client and another person relevant to the contract to negotiate the conclusion of a legal transaction; has given the client the name, telephone number, e-mail address or fax number of another person authorized to conclude a legal transaction or has given him the exact location of the property sought.
Article 4 - Obligations of the client
1. Conclude a placement contract with the agency in writing (standard or exclusive),
2. Inform the agency of all circumstances relevant to the placement work and provide correct information on the property; if available, give the broker a site, construction or use permit for the property in question for inspection and present the broker with evidence of the fulfillment of obligations towards third parties,
3. Provide the agent with documents showing that he is the owner of the property or has other rights to the property that is the subject of the contract; draw the agency's attention to all registered and unregistered charges / claims in connection with the property in question;
4. Enable the agency and third parties interested in concluding the brokered transaction to view the property,
5. Inform the agency of all relevant data on the property in question, including the description of the property and the price;
6. Immediately after conclusion of the mediated legal transaction or the preliminary contract with which he undertakes to conclude the mediated legal transaction, pay the agency the agreed fee (commission), unless otherwise agreed.
7. Reimburse the agency for the costs incurred during the placement that exceed the usual placement costs;
8. Inform the Agency in writing of any changes related to the work for which he has authorized the Agency, and in particular of changes related to the ownership of the property;
9. The customer is liable for damage if he has not acted in good faith or if he has acted with fraudulent intent, or if he has concealed data relevant to the mediation work or if he has provided incorrect data with the intention of terminating the legal transaction. Furthermore, he is obliged to reimburse the agency for all costs incurred during the brokerage, which, however, cannot be higher than the fee for the brokered business.
Article 5 Enforcement of the Brokerage Fee Claim
The agency acquires the right to full payment of the brokerage fee at the time of the conclusion of the brokered deal, i. e. by signing a deposit agreement, a reservation contract, a preliminary contract or a contract with which the client undertakes to conclude the mediated legal transaction. The fee is paid to the agency at the time the transaction is concluded.
The amount of the brokerage commission for the brokerage carried out when buying, exchanging, leasing or renting real estate is calculated in accordance with the agency contract.
The agency may agree on the right to reimbursement of the costs necessary for the execution of the brokerage contract and request that funds be made available in advance for certain expenses, including entry costs for the organization and execution of real estate auctions.
The customer is also obliged to pay the fee if he has concluded a legal transaction with the person with whom he was brought into contact by the agency, which is different from the legal transaction for which it was mediated, and has the same value as the mediated legal transaction or has the same purpose.
The agency is entitled to the broker's fee if the spouse or the illegitimate partner, descendant or parent of the client concludes the brokered legal transaction with a person with whom the agency has brought the client into contact.
Article 6 Amounts of fees (all prices are without VAT)
The following percentages are paid as an commission fee
Sale
The Agency's commission is 3% of the achieved amount of the purchase price of the real estate. It is defined when signing the mediation contract.
For clients with whom the Agency has an exclusive brokerage contract, the commission is charged according to the amount agreed and specified in the contract.
Exchange
The agency's commission is 3% and is charged to each exchange party involved; the percentage relates to the property value agreed in the exchange contract.
Rent / lease
In the case of a rental or lease agreement (agreed rental or lease period up to 5 years), 100% of the monthly rent / lease will be billed to the landlord / lessor. The tenant / lessee will be charged the same amount for the same agreed period of time.
For contracts with a term of more than 5 years of rental or lease, we charge the landlord / lessor or tenant / lessee 150% of the monthly rent / lease.
For customers with whom we have an exclusive brokerage contract, we charge the amount agreed and specified in the contract.
Hourly rate
The hourly rate for all activities that are not defined by the broker's commission is 35 EUR + expenses.
Costs that are not included in the agency fee
- Mediation in the drafting of contracts and documents in the form of notarial documents.
Article 7 End of the contract
If the contracting parties do not specify a term for the brokerage contract, the real estate brokerage contract is valid for 12 months and can be extended several times by agreement of the parties. A fixed-term agency contract ends at the end of the term for which it was concluded, if no contract of the type for which the agency contract was concluded was concluded within this period. The agency contract can also end when one of the contracting parties terminates the contract, in which case the terminating party is obliged to notify the other party in writing of the termination. If the notice period is not expressly stipulated in the agency contract, the notice period is 7 days from receipt of the notice of termination. If the real estate brokerage contract is terminated by termination, the contracting parties cannot assert any claims against each other.
The parties can only withdraw from the real estate brokerage contract for a particularly justified reason before the agreed period has expired. In this case, the customer is obliged to reimburse the agency for the costs incurred.
If the client concludes a legal transaction within a period that does not exceed the duration of the concluded agency contract after termination of this contract, which is mainly due to the measures taken by the agency prior to the termination of the agency contract, he pays the agency fee in full, unless otherwise agreed.
If the agency contract ends due to the expiry of the deadline, the client is obliged to reimburse the agency for those costs for which it was otherwise expressly agreed that the client pays them separately.
If the client withdraws the property himself from the sale at a property auction and before the auction, as he is entitled to, the amount of this withdrawal corresponds to the amount of the brokerage fee for sellers in accordance with Article 5.1 as listed above.
Article 8 General provisions and dispute settlement
For relationships between the client and the agency that result from the brokerage contract and that are not regulated in these general terms and conditions or in the brokerage contract, the provisions of the Act on Brokering in Real Estate and the general provisions of the Civil Obligations Act apply.
Possible disputes are settled by the jurisdiction of the local court in Pula or the commercial court in Pazin, according to the actual jurisdiction.