The business conditions of NEKRETNINE21 j.d.o.o. represent the trade name for conducting business in real estate sales and related services. We offer our clients the following services:
All the listed services are performed conscientiously in accordance with the prescribed business conditions adopted based on the Brokerage Act of October 23, 2007, as well as Article 21 of the Consumer Credit Act, and pursuant to Article 29, Paragraph 4 of the Housing Consumer Credit Act.
What you need to sell your property:
For a house:
For an apartment:
GENERAL TERMS OF BUSINESS AND OBLIGATIONS:
In accordance with the provisions of the Real Estate Brokerage Act ("NN" No. 107/07)
Class: 133-02/10-02/187, Reference Number: 311-14-10-04, In Zagreb, December 3, 2010
NEKRETNINE21 j. d.o.o. establishes:
GENERAL TERMS OF BUSINESS
These General Terms of Business define the business relationship and rules of conduct between NEKRETNINE21 j. d.o.o. as the Broker on one side and the natural or legal person as the Client on the other.
A real estate broker is a company, sole trader, or craftsman registered to perform real estate brokerage activities with a registered office in the Republic of Croatia. A real estate broker can also be a company, sole trader, or craftsman registered for real estate brokerage activities with a registered office in a contracting state of the Agreement on the European Economic Area.
The Client is a natural or legal person who enters into a written brokerage agreement with the real estate broker (seller, buyer, lessee, lessor, landlord, tenant, and other possible participants in real estate transactions).
A third party is a person whom the real estate broker attempts to connect with the Client to negotiate legal transactions concerning a specific property.
A real estate brokerage agreement is concluded in writing for a fixed period and may be standard (open) or exclusive.
Standard (open) brokerage: The Client is authorized to sign a contract with multiple real estate agencies.
In this case, it is not considered an exclusive relationship between the parties, but the Client is obliged to adhere to all provisions of the Contract, especially regarding mutual cooperation.
Exclusive brokerage: By signing an exclusive brokerage agreement, the Client may commit not to engage any other broker for the transaction, which must be explicitly agreed upon. If, during the duration of the exclusive brokerage agreement, the Client independently or through another broker concludes a legal transaction for which the exclusive Broker was engaged, the Client is obliged to pay the Broker the full brokerage fee. In exclusive brokerage, the Broker coordinates the entire process of sale, lease, or rental until the legal transaction is concluded.
Offer
The Broker’s offer contains information received in written and oral form.
The Broker reserves the right to errors in descriptions and prices of properties due to incorrect data provided by the Client or changes in sale, lease, or rental conditions that were not submitted in writing, as well as the possibility that the advertised property has already been sold, rented, or withdrawn from sale. Offers and notifications from the Broker must be kept confidential by the recipient (Client) and may only be forwarded to third parties with the Broker’s written permission. If the recipient of the offer is already aware of the properties offered by the Broker, they must inform the Broker immediately.
It is considered that the Mediator has enabled the Principal to establish contact with a third party (natural or legal) with whom they negotiated the conclusion of a legal transaction, especially if they:
directly took or referred the Principal to view the property, organized a meeting between the Principal and the third contracting party for negotiations, provided the Principal with the name, telephone number, fax number, or email of the third party authorized to conclude the transaction, or disclosed the exact location of the requested property.
Obligations of the Principal:
The Principal is not obligated to enter into negotiations for the conclusion of the mediated transaction with a third party found by the Broker, nor to conclude a legal transaction, and any contractual provision stipulating otherwise shall be null and void.
The Principal shall be liable for damages if they have not acted in good faith, concealed, or provided inaccurate information essential for mediation in concluding a legal transaction. They are also obliged to reimburse all costs incurred during mediation, which may not exceed the brokerage fee for the mediated transaction.
The Principal is also liable for damages in the case of intentional or grossly negligent behavior towards the Broker or the third party found by the Broker. They are required to reimburse all incurred costs during mediation, which may not exceed the brokerage fee for the mediated transaction.
Right to Brokerage Fee
The Broker acquires the right to a fee immediately upon signing the preliminary sales contract, the sales contract, or concluding another legal transaction related to the transfer of real estate ownership, i.e., immediately after receiving the deposit, a portion, or the full purchase amount. If the Principal withdraws from concluding the mediated transaction, they must compensate the Broker for time spent, advertising costs, and other expenses according to the brokerage tariff.
The Principal is obligated to pay the Broker's fee even if they conclude a different legal transaction with a person found by the Broker, of the same value or achieving the same purpose as the mediated transaction. The Broker is entitled to a fee if the Principal’s spouse, common-law partner, descendant, or parent concludes the mediated legal transaction with a person found by the Broker.
The Broker may charge for additional services related to the mediated transaction in the amount of actual costs if this has been specifically agreed upon between the Broker and the Principal.
The Broker is entitled to a fee even if it is not explicitly agreed upon in the brokerage contract.
The fee amount is determined by the brokerage tariff.
Brokerage Fee
The brokerage fee amount is determined by the brokerage contract and is charged as a percentage of the total achieved real estate sale price.
The following percentages are payable as a brokerage fee.
SALE
The brokerage fee for mediation during the sale is charged to the seller based on the agreed real estate sale price:
1-3%, unless the agreed and achieved sale price is less than €35,000.00, in which case the unit commission is €1,000.00.
1-3% for mediation in real estate verification and preparation of documentation for a property not directly mediated by the broker.
PURCHASE
The commission for mediation during purchase is charged to the buyer depending on the services provided. For domestic buyers, the commission for real estate already listed by the agency is 1-2%, while the commission for a concluded property search contract is 2-3%.
EXCHANGE
When exchanging real estate, a fee is charged from each party involved in the exchange. The percentage is calculated based on the value of the property acquired through the exchange and amounts to 1–3%.
NEKRETNINE21 j.d.o.o. reserves the right to change the brokerage fees, which are precisely determined by the brokerage agreement according to the agreement between the Client and the Broker, depending on the scope of work, method of advertising, and the Client's requirements, provided that the fee does not exceed 9% of the property's sale price.
RENTING AND LEASING
The brokerage fee is charged to the landlord/lessor as a percentage of the monthly rent/lease: 1-2 monthly agreed net installments – minimum.
TENANCY AND LEASE
The brokerage fee is charged to the tenant/lessee as a percentage of the monthly rent/lease:
If the contract is concluded for one year – 1 monthly rent
If the contract is concluded for 3 years – 3 agreed monthly rents or leases
If the contract is concluded for 5 years – 5 monthly rents or leases.
BROKERAGE HOURLY RATE
If explicitly agreed, the Broker, in agreement with the Client, may perform additional services and actions related to the brokerage subject that exceed the usual brokerage costs.
The brokerage hourly rate is €20.
The agency's regular costs are listed in the agency's price list on the notice board in the agency's office.
FINAL PROVISIONS
Termination of the Brokerage Agreement
A brokerage agreement concluded for a fixed term expires at the end of the agreed period if, within that period, no agreement is concluded for which brokerage was provided, or by written termination by either party, provided that the termination is not contrary to the principle of good faith. Termination cannot occur at an inopportune time with the intent to deprive or intentionally harm the Broker's right to compensation. The Client is obligated to reimburse the Broker for incurred costs explicitly agreed upon as payable by the Client.
If within a period not exceeding the duration of the brokerage agreement after its termination, the Client concludes a legal transaction that is predominantly a result of the Broker’s actions before the termination, the Client is obligated to pay the full brokerage fee.
General Provisions and Dispute Resolution
Relations between the Client and the Broker arising from the brokerage agreement that are not regulated by these General Terms or the brokerage agreement are subject to the provisions of the Real Estate Brokerage Act and the Obligations Act.
The competent court for any disputes is the Municipal Court in Zagreb.
NEKRETNINE21 j.d.o.o.
The NEKRETNINE21 agency is with you from the beginning to the end of the buying and selling process, regardless of whether you are selling or buying a property!