HALLO nekretnine
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Terms and conditions

Terms and conditions

GENERAL TERMS AND CONDITIONS

HALLO nekretnine, Čakovec, O. Keršovanija 6
Real Estate Brokerage Agency

GENERAL PROVISIONS

Article 1

Pursuant to the provisions of the Croatian Real Estate Brokerage Act (“Official Gazette” No. 107/07 and No. 144/12), HALLO nekretnine hereby adopts these General Terms and Conditions.

These General Terms and Conditions govern the business relationship between HALLO nekretnine real estate agency (hereinafter: the Broker) and a natural or legal person (hereinafter: the Principal).

By entering into a Brokerage Agreement, the Principal confirms that they are familiar with and agree to the provisions of the Broker's General Terms and Conditions.

Article 2

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:

  1. Real Estate Broker – HALLO nekretnine, Čakovec, O. Keršovanija 6, real estate brokerage agency.

  2. Principal – a natural or legal person who enters into a written Brokerage Agreement with the Real Estate Broker, including a seller, buyer, lessee, lessor, landlord, tenant or any other possible participant in a real estate transaction.

  3. Real Estate Brokerage – activities performed by the Broker relating to connecting the Principal with a third party and conducting negotiations and preparations for the conclusion of legal transactions concerning a particular property, especially in connection with purchase, sale, exchange, rental, lease and other transactions.

  4. Real Estate – plots of land together with everything permanently attached to the land on or below its surface, in accordance with the general regulations governing ownership and other real rights.

  5. Third Party – a person whom the Broker seeks to connect with the Principal for the purpose of negotiating the conclusion of a legal transaction concerning a particular property.

  6. Commission – the brokerage fee payable by the Principal to the Broker for brokerage services.

PROPERTY OFFERS

Article 3

Property offers are based on information received from the Principal in writing or orally. We reserve the possibility of errors in property descriptions and prices, as well as the possibility that a property may already have been sold or rented or that the property owner may have withdrawn it from sale.

The recipient of our offers and information must treat them as confidential business information and may disclose them to a third party only with our written consent.

If the recipient is already familiar with a property offered by us, the recipient must inform us thereof without delay.

Property prices are stated in euros.

BROKERAGE AGREEMENT

Article 4

Under a Real Estate Brokerage Agreement, the Broker undertakes to endeavour to find and connect the Principal with a person for the purpose of negotiating and concluding a particular legal transaction involving the transfer or establishment of a particular right in real estate, while the Principal undertakes to pay the Broker the agreed brokerage fee if such legal transaction is concluded.

The agreement concluded between the Broker and the Principal must particularly specify information concerning the Broker and the Principal, the type and essential content of the transaction for which brokerage services are provided, the brokerage fee and any additional costs arising where the Broker, in agreement with the Principal, performs other services related to the transaction that is the subject of the brokerage.

OBLIGATIONS OF THE BROKER

Article 5

The Broker shall:

  1. conclude a written Brokerage Agreement with the Principal;

  2. endeavour to find and connect the Principal with a person for the purpose of concluding the brokered transaction;

  3. inform the Principal of the average market price of comparable real estate;

  4. obtain and inspect documents proving ownership or another real right relating to the property concerned;

  5. perform the necessary activities to present the property on the market, advertise it appropriately and perform any other activities agreed under the Brokerage Agreement that go beyond customary presentation, for which the Broker shall be entitled to separately stated costs agreed in advance;

  6. enable property viewings;

  7. mediate in negotiations and endeavour to bring about the conclusion of the agreement;

  8. protect the Principal's personal data and, upon the Principal's written instruction, treat as a business secret information concerning the property or the transaction for which brokerage services are provided;

  9. where the subject of the agreement is land, verify the designated use of the land in accordance with the applicable spatial planning regulations;

  10. inform the Principal of all circumstances relevant to the intended transaction of which the Broker is aware.

OBLIGATIONS OF THE PRINCIPAL

Article 6

The Principal shall:

  1. conclude a written Brokerage Agreement with the Broker;

  2. inform the Broker of all circumstances relevant to the provision of brokerage services and provide accurate information concerning the property;

  3. provide the Broker with all documents proving ownership or another real right relating to the property covered by the agreement and inform the Broker of all registered and unregistered encumbrances affecting the property;

  4. enable the Broker and any third party interested in concluding the brokered transaction to view the property;

  5. inform the Broker of all material information concerning the property being sought, particularly its description and price;

  6. upon conclusion of the brokered legal transaction, or a preliminary agreement under which the Principal has undertaken to conclude the brokered legal transaction, pay the Broker the brokerage fee unless otherwise agreed;

  7. where expressly agreed, reimburse the Broker for costs incurred during brokerage that exceed ordinary brokerage costs;

  8. inform the Broker in writing of all changes relating to the transaction for which the Broker has been authorised, particularly changes relating to ownership of the property;

  9. be liable for damages if the Principal has not acted in good faith or has concealed or provided inaccurate information material to the brokerage transaction and shall reimburse all costs incurred during the brokerage.

BROKERAGE FEE

Article 7

For its services, the Broker shall charge a brokerage fee or commission determined by the Brokerage Agreement.

On the date of conclusion of the Preliminary Agreement, the Broker shall be entitled to a brokerage fee equal to 1% of the total agreed purchase price, with the remaining 2% payable on the date of conclusion of the final Agreement.

If no Preliminary Agreement is concluded, the Principal shall pay the Broker a brokerage fee equal to 3% of the total agreed purchase price on the date of conclusion of the Agreement.

The Broker shall issue the Principal an invoice for the agreed fee. By express agreement of the contracting parties, such invoice shall constitute evidence that the brokerage services have been performed.

The contracting parties agree that even where the Principal is merely an authorised representative or is not the sole owner of the property, the Principal remains fully responsible for payment of the brokerage fee to the Broker under this Agreement. Under no circumstances shall the Principal request reimbursement of the brokerage fee.

The Broker shall be deemed to have enabled the Principal to establish contact with another natural or legal person with whom negotiations concerning a legal transaction were conducted, particularly where the Broker has:

  • personally taken or directed the Principal to view the property concerned;

  • organised a meeting between the Principal and another contracting party for the purpose of negotiating the conclusion of a legal transaction;

  • provided the Principal with the name, telephone number, fax number or email address of another person authorised to conclude the legal transaction or provided the exact location of the requested property.

Brokerage shall also be deemed to have been performed where a sale is concluded by preliminary agreement or purchase agreement with members of the family of a buyer whom the Broker connected with the Principal, or with a company wholly or partly owned by that buyer. The same applies where the company is wholly or partly owned by members of the buyer's family or where the buyer exercises influence within that company through a position held.

The contracting parties agree that the Principal shall be required to pay the brokerage fee in full if, within 24 months following the expiry or termination of this Agreement, the Principal concludes a sale and purchase transaction or enters into a preliminary agreement or purchase agreement with a person or persons with whom the Principal was connected through the Broker, or where such transaction is in any way a consequence of the Broker's activities performed before termination of the Brokerage Agreement.

If a party voluntarily offers the Broker remuneration exceeding the agreed amount, the Broker may accept such remuneration provided that it is not manifestly disproportionate to the services provided, the outcome of the Broker's work and the financial circumstances of the party.

The Broker may agree on the right to reimbursement of costs necessary for carrying out the assignment and may request advance funds for specific expenses.

Where the Principal, either independently or through a third party, finds an interested person, the Broker may charge the actual costs incurred in connection with the transaction.

SCHEDULE OF BROKERAGE FEES AND COSTS

Article 8

SALE

Brokerage fee or commission for brokerage in the sale of real estate

Charged to the seller: 3% of the price achieved through negotiations.

PURCHASE

Brokerage fee or commission for brokerage in the purchase of real estate

Charged to the buyer: 1% of the price achieved through negotiations.

For properties with a value of up to EUR 33,333.00, the minimum brokerage fee shall be EUR 1,000.

EXCHANGE

In the case of an exchange of properties, commission is charged to each party to the exchange and calculated based on the value of the property acquired by that party through the exchange.

Charged to each party: 2%.

RENTAL AND LEASE

Letting and leasing

Charged to the landlord or lessor:

  • 100% for a rental or lease term of up to 60 months;

  • 150% for a rental or lease term exceeding 60 months.

Renting and leasing

Charged to the tenant or lessee:

  • 100% for a rental or lease term of up to 60 months;

  • 150% for a rental or lease term exceeding 60 months.

The applicable percentage of one month's rent is charged as a one-time fee.

TERMINATION OF THE AGREEMENT

Article 9

This Agreement is concluded for a fixed term of 12 (twelve) months and is executed in two identical copies. It shall automatically renew for an additional period of one year unless the contracting parties agree otherwise at least 15 (fifteen) days before its expiry. The Agreement enters into force upon signature by the contracting parties.

Either contracting party may terminate this Agreement by written notice to the other party, subject to a notice period of 15 (fifteen) days calculated from the date of receipt of the written notice.

Where the Agreement terminates upon expiry of its term, the contracting parties shall have no claims against each other. The Principal shall reimburse the Broker for costs that were expressly agreed to be payable separately by the Principal.

If the contracting parties terminate the Agreement by mutual consent, they shall also resolve all disputed matters arising from its termination by the same agreement. If this is not possible, the Municipal Court in Čakovec shall have jurisdiction.

FINAL PROVISIONS

Article 10

Relationships between the Broker, the Principal and other persons concerned that are not regulated by these General Terms and Conditions or the Brokerage Agreement shall be governed by the provisions of the Croatian Real Estate Brokerage Act and the Croatian Obligations Act.

The Municipal Court in Čakovec shall have jurisdiction over legal disputes unless otherwise agreed.

Čakovec, 1 April 2021

HALLO nekretnine, real estate brokerage business