General Terms and Conditions
General terms and conditions
Intermediation terms and conditions
VISOKA KLASA d.o.o. (marketing name: Zagreb4U) is your reliable partner in the process of selling or renting your property in Zagreb and rest of Croatia.
Due to our great experience and professional team, Zagreb4U will find solutions for the most complex requirements.
1. Offers and offer knowledge ability
Our offers are based on the date we obtain in written and verbal form and are stipulated by a receipt. We keep in mind that there is a possibility of confusion, such as the real estate being already rent as well as giving up of the owner of the real estate.
We are held responsible only for the mistakes made on purpose or as a result of the careless behavior from our part. Our offers and notices must be held in secret by the recipient (ordering party), and can be revealed to a third party only with our written approval. If the recipient is already familiar with the real estate offered to him, he is obliged to notify us about it without delay.
2. Responsibilities of the agency
The agency is responsible for:
1. trying to find the person and introducing him to the ordering party for the purpose of conclusion of mediated business;
2. to estimate the market value of the real estate (rental fee) and to get the ordering party acquainted with it;
3. to warn the ordering party about the real estate deficiencies;
4. to check the documentation necessary for the legitimacy of the mediated business;
5. to get the ordering party acquainted with all the legal, tax and all other responsibilities of the real estate in question;
6. to deal with the presentation and advertising of the real estate in the market in a proper way;
7. to make possible the tour of the real estate;
8. to keep the ordering party’s personal data and every other data a business secret;
9. to keep the ordering party informed about all the circumstances of importance for the intended business.
The agency is deemed to provide the ordering party to make contact with the other party (physical person or corporation) who he held negotiations with in order to conclude the legal business, and especially if:
- If the agency directly took the ordering party to tour of the real estate in question;
- if it organized the meeting between the client and other party for the purpose of negotiating for the conclusion of the legal business;
- if he made the ordering party acquainted with the name, telephone or fax machine number of the second party authorized to conclude the legal business or if he notified him with the exact location of the real estate wanted.
3. The responsibilities of the ordering party
The ordering party is required to:
1. to provide the agency with the insight in the documents confirming the ownership of the real estate, that is, the authority over the real estate in question;
2. to ensure the agency and the person interested in concluding the mediated business the tour of the real estate accompanied my the mediating party;
3. to pay the agreed fee (provision) immediately, or within eight (8) days at the latest, after the conclusion of mediated business, that is, the precontract which obliges him to do so;
4. to compensate the expenses made by the agency during mediation which exceede the usual mediation expenses;
5. to notify the agency in written form about all the changes in reliance with the business the agency is authorized for.
The ordering party is neither obliged to attend the negotiations for the conclusion of the mediated business with the third party obtained by the agency, nor to conclude the legal business. The terms of the contract claiming otherwise are of no account. The client will be held responsible for the damages if he acted insincerely. If this is the case, the client is obliged to pay the agency for the expenses made by mediation which cannot be higher than the mediation fee (provision) for the mediated business.
4. Implementation of the claim for provision
The agency is entitled to the full provision immediately after signing the mediated business, that is, the pre contract which obliges the ordering party to conclude the mediated legal business. The agency is to be paid the provision immediately after or within 8 days at the latest after the conclusion of the legal business mediated by the agency, that is, the pre contract.
If the ordering party gives up during the conclusion of the mediated business, he is obliged to pay the expenses made due to the loss of time, advertising and other expenses according to the mediation tariff.
Ordering party is obliged to pay the provision even in the case of concluding a legal business, with the person brought by the agency, different from the mediated business which is of the same value as the legal business, that is, which is of the same purpose as the mediated legal business.
The agency is also entitled to the provision if a spouse, a common-law partner or a descendant of the ordering party concludes a mediated legal business with the person he got acquainted with by the agency.
The provision also includes the usual mediation expenses except for those specially agreed upon.
The agency is entitled to the advance of mediation fee only if it was agreed upon earlier.
The agency is entitled to a provision even if it was not specially agreed upon in the contract. The amount of provision is established by mediation tariff.
5. The amount of provision
The percentages, as follow, are paid as the mediation provision, VAT not included.
The provision for the rental contract up to 5 years is charged 100% of the monthly rental fee.
The provision for the rental contract for more than 5 years is charged 150% of the amount of the monthly rental fee.
Ordering party with the exclusive contract is charged by the figures agreed upon in the contract.
For its services, VISOKA KLASA d.o.o. (marketing name: Zagreb4U) charges intermediary fees in accordance with the general terms of conditions.
For the mediation service provided in sales the real estate Zagreb4U will charge a commission from the seller in the amount of 2-4% of the agreed sales price of the property. This fee will represent half of the total commission, while the other half of the commission will be charged solely from the buyer of the property.
For the mediation service provided in purchase the real estate Zagreb4U will charge a commission from the buyer in the amount of 1-3% of the agreed purchase price of the property. This fee will represent half of the total commission, while the other half of the commission will be charged solely from the seller of the property.
Zagreb4U reserves the right to change the mediation fee, which shall be specified in the mediation contract. The amount of the total fee shall not exceed 6% of the sales price of the property.
5.3. Mediation hourly wages
The amount of the mediation hourly wages with the expenses included (time spent, advertising and other expenses due to the mediation) is 450,00 kn
5.4. “Premium Services”
Cost of the “Premium Services” is depending on the size of the selected services. This service is paid monthly.
6. Termination of contract
The clients are allowed to give up on the contract on the mediation in circulation of real estate, before the expiration deadline, only due to specially justified reasons. In that case the ordering party is obliged to compensate the agency for operating costs.
If within a year after the termination of mediation contract in the real estate circulation, the ordering party has concluded an agreement with the third party acquainted with by the agency, he is obliged to pay the mediation provision entirely.
The mediation contract concluded for the in determined period of time is terminated by written notice submitted by any of the parties. The termination period is 8 days after the notice, if it was not specified otherwise by mediation contract. When the mediation contract in the field of real estate circulation is terminated, the contractual parties no longer have any responsibilities between each other. The ordering party is obliged to compensate the agency’s expenses.
7. General provisions and settlement of a dispute
General provisions on mediation as well as other provisions of the Law on Obligatory Relations are applied to the relations between the agency and the ordering party deriving from the mediation contract which are neither specified neither by the General provisions nor by the mediation contract.
Possible disputes will be solved by the Municipal Court in Zagreb.