GENERAL TERMS OF BUSINESS

The General Terms of Business for real estate brokers regulate the business relationship between the real estate brokerage agency and the natural or legal person who enters into a written brokerage agreement with the Broker. The General Terms are an integral part of the brokerage agreement concluded between the Broker and the Client.

Certain terms in the sense of these General Provisions have the following meanings:

  1. Real estate broker is Hotels Concept d.o.o., Julija Klovića 13, 51260 Crikvenica, Croatia, a company operating under the brand Immo Concept and fulfilling the conditions for performing brokerage in real estate transactions as stipulated by the Real Estate Brokerage Act (hereinafter referred to as: Broker).
  2. Real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents and is employed by the Broker (hereinafter referred to as: Agent).
  3. Real estate brokerage refers to the actions of the Broker concerning connecting the Client and a Third Party, as well as negotiating and preparing for the conclusion of legal transactions related to a specific property, especially in the case of purchase, sale, exchange, lease, rental, etc.
  4. Client is a natural or legal person who enters into a written brokerage agreement with the Broker (seller, buyer, tenant, lessor, landlord, leaseholder, and other possible participants in real estate transactions – hereinafter referred to as: Client).
  5. Third Party is a legal or natural person that the Broker seeks to connect with the Client for negotiations regarding the conclusion of legal transactions regarding a specific property (hereinafter referred to as: Third Party).

Brokerage Agreement

By the brokerage agreement, the Broker commits to connect the Client with a person who would negotiate the conclusion of a contract, and the Client commits to pay the Broker a certain commission if the contract is concluded. The brokerage agreement is concluded between the Broker and the Client. The brokerage agreement must accurately, truthfully, and completely specify the essential data for brokerage. If a brokerage agreement is not signed, the Client is not obliged to pay the Broker's fee unless the Broker proves that they mediated in the conclusion of the legal transaction.

Obligations of the Broker

The Broker is obligated to perform the following during the brokerage:

  1. To strive to find and connect the Client with a legal or natural person for the conclusion of the mediated transaction.
  2. To inform the Client about the average market price of similar properties.
  3. To examine the documents proving ownership or other real rights on the property and to warn about:
    • Deficiencies and possible risks related to the legal status of the property.
    • Registered real rights or other rights of third parties.
    • Legal consequences of failing to meet obligations to third parties.
  4. To represent the property in the market, advertise it in an agreed manner, and perform other agreed actions.
  5. To facilitate property viewings.
  6. To mediate in negotiations and strive to reach a contract conclusion.
  7. To protect the personal data of the Client and business secrets.
  8. To verify the purpose of the land in accordance with spatial planning regulations.
  9. To inform the Client about all circumstances important for the intended transaction.

Obligations of the Client

By entering into the brokerage agreement, the Client commits to:

  1. Inform the Broker about all important circumstances and present documents proving ownership or other rights to the property.
  2. Facilitate property viewings.
  3. Inform the Broker about essential details regarding the requested property, including description and price.
  4. Pay the Broker's Fee simultaneously with the conclusion of the preliminary contract or agreement.
  5. Reimburse the Broker for costs exceeding the usual brokerage costs.
  6. Inform the Broker about changes related to the transaction for which they are authorized.

The Client is not obliged to conclude a legal transaction but will be liable for damages if they do not act in good faith.

Brokerage Fee

The amount of the brokerage fee is determined by the brokerage agreement. The Broker acquires the right to the fee in full upon the conclusion of the legal transaction for which they mediated.

Termination of Agreement

The brokerage agreement may be terminated by either party with a notice period of 10 working days. The Broker is entitled to a fee if the Client concludes a transaction within 12 months after the termination of the agreement, which is a result of the Broker's actions.

Final Provisions

All changes regarding the identity, address, or registered office must be communicated between the contracting parties within 7 days. For disputes that cannot be resolved amicably, the court in Rijeka shall have jurisdiction.

These general terms of business apply from January 1, 2025.

Crikvenica, December 31, 2024

Robert Marić, director