LUX VILLA, Vodice

Ante Poljička 50a, 22211 Vodice,
ID number: 98845868673

I. General provisions

These General Terms and Conditions of Real Estate Brokerage (hereinafter: General Terms) regulate the relations between the Broker, the Client and third parties who enter into the Brokerage Agreement and are an integral part of it. In the event of a collision between the General Terms and the Mediation Agreement, the provisions of the specific mediation agreement will apply.

II.

Meaning of terms contained in the General Terms and Conditions
Certain expressions in terms of these General Terms and Conditions have the following meanings:

The real estate broker is LUX VILLA real estate business and management with its headquarters in Vodice, Ante Poljička 50a, OIB: 98845868673, which company meets the requirements for real estate brokering provided by the Law on Real Estate Brokerage (hereinafter: Broker)
A real estate brokerage agent is a person who is registered in the Directory of real estate brokerage agents and as such employed by the Broker (hereinafter: Agent).
Real estate mediation are the actions of real estate mediators that relate to the connection between the client and a third party, as well as negotiations and preparation for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
Client is a person or a company who enters into a written mediation agreement with a Real Estate Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions – hereinafter: Client).
A third party is a person whom the real estate broker tries to connect with the client for the purpose of negotiating the conclusion of legal transactions, the subject of which is a certain real estate (hereinafter: Third Party).

III.

Agreement on mediation in real estate transactions
With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect the Client with a Third Party in order to negotiate and conclude a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate , and the Client undertakes to pay him a certain intermediary fee (hereinafter: Fee) if this legal transaction is concluded, whereby the concluded legal transaction is also understood concluding a pre-contract by which the contracting parties undertook to enter into the main contract on the transfer or establishment of a certain right on the real estate or the establishment of a certain right on the real estate and/or in connection with the real estate.
The contract is concluded in writing and for a certain period of time.
If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, the Contract is concluded for a specific period of 12 months from the date of conclusion of the Contract and can be extended several times by agreement of the parties.
The Intermediary may transfer this Agreement to other intermediaries, whereby the Client remains in a contractual relationship only with the Intermediary with whom he concluded the Agreement.
The mediation agreement ends with the expiration of the term for which it was concluded, if the legal work for which it was mediated was not concluded within that period, or with the termination of any of the contractual parties, which termination must be sent to the opposite party in writing to the address specified in the Agreement or to the Mediator’s official e-mail .

IV.

Termination of mediation agreement
An agreement on mediation concluded for a certain period ends with the expiration of the term for which it was concluded if the agreement for which it was mediated has not been concluded within that period.

The Client is obliged to compensate the Intermediary for the incurred expenses for which it was otherwise expressly agreed that the Client would pay them separately.

If, within 12 months after the termination of the concluded Agreement, the Client concludes a legal transaction that is a consequence of the Mediator’s actions before the termination of the Mediation Agreement, he is obliged to pay the Mediator compensation in full.

V.

Exclusive mediation
With the agreement on exclusive mediation, the Client undertakes not to engage any other mediator for the mediated work.

If, during the duration of the contract on exclusive mediation, the Client concluded a legal transaction through another intermediary and for which the exclusive Intermediary was given an order to mediate, he is obliged to pay the exclusive Intermediary the agreed Fee as well as possible additional real costs incurred during the mediation for the said mediated job.

When concluding a contract on exclusive mediation, the Mediator is obliged to specifically warn the Client about the meaning and legal consequences of the contractual clause from the previous paragraph.
A contract of exclusive mediation concluded for a certain period ends at the end of the term for which it was concluded if the contract for which it was mediated was not concluded within that period.

In the event of the termination of the Agreement on exclusive mediation for the reasons indicated in the previous paragraph, the Client is obliged to compensate the Intermediary for the expenses incurred, which were otherwise expressly agreed to be paid separately by the Client.

If, within 12 months after the termination of the concluded Agreement on exclusive mediation, the Client concludes a legal transaction that is a consequence of the Intermediary’s actions before the termination of the Agreement on exclusive mediation, he is obliged to pay the Fee to the Intermediary in full.

If the Client cancels the Agreement on exclusive mediation before the expiry of the term for which it was concluded, he is obliged to compensate the Intermediary for damages due to the cancellation.

For the case from the previous paragraph, the amount of compensation is determined in the amount of 3% (three percent) of the requested price of the real estate, as determined by the contract on exclusive mediation, and it is determined that the obligation to compensate damages is due on the day of cancellation of the contract on exclusive mediation by the Client.

VI.

Obligations of Intermediaries
When mediating for the conclusion of a purchase agreement, rental agreement or real estate lease agreement, the mediator is obliged to perform the following in particular:

to try to find and bring in contact with the Client a person in order to conclude a mediated deal,
inform the Client of the average market price of a similar property,
obtain and inspect the documents proving the ownership or other real right to the property in question,
perform the necessary actions to present the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, and for which he is entitled to special, pre-specified costs,
enable real estate viewing,
mediate in negotiations and try to conclude a contract, if he has specifically committed to that,
keep the Client’s personal data and, upon the Client’s written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that refer to that land,
inform the Client about all the circumstances important for the intended work that are known to him or must be known to him,
inform the Client of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism.
in cooperation with a lawyer, prepare contract drafts for the legal business for which he mediates.
If the mediator, in agreement with the Client, also performs other actions for him in connection with the work that is the subject of mediation, he will separately contract the work and the type and amount of costs.
The Intermediary is not responsible for non-fulfillment of the obligations of the Client and the third party, and which obligations are assumed by the legal transaction concluded between the Client and the third person, and the subject of which legal transaction is the real estate for which the Intermediary mediated.

VII.

Obligations of the Client
By concluding the Mediation Agreement with the Intermediary, the Client undertakes the following obligations:

inform the Mediator of all the circumstances that are important for carrying out the mediation and present accurate information about the real estate and, if in possession, provide the Mediator with a location, construction, or use permit for the real estate that is the subject of the contract, and provide the Mediator with evidence of the fulfillment of obligations towards the Third Party,
provide the Broker with documents proving his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the Broker of all registered and unregistered encumbrances that exist on the property,
provide the Mediator and a third person interested in concluding the mediated deal with a viewing of the property,
inform the Broker of all essential information about the requested real estate, which especially includes the description of the real estate and the price,
after the conclusion of a legal transaction, whereby the conclusion of a legal transaction is also considered the conclusion of a preliminary contract, to pay the Intermediary Fee,
to compensate the Mediator for expenses incurred during the mediation that exceed the usual mediation costs,
inform the Broker in writing about all changes related to the work for which he has authorized the broker, and especially about changes related to ownership of real estate.
The Client is not obliged to enter into negotiations for the conclusion of a mediated deal with the Third Party found by the Mediator, nor to conclude a legal deal. The Client will be liable to the mediator for damages, if he did not act in good faith and is obliged to compensate all costs incurred during the mediation, which cannot be less than 1/3 or more than the agreed fee.

The Client will be liable for damages if he has acted fraudulently, if he has withheld or given incorrect information essential for the mediation business in order to complete the mediated business.

VIII.

Intermediary fee
The amount of the mediation fee is determined by the mediation agreement.

The agreed mediation fee covers the execution of all actions of the Intermediary mentioned in point VI of General conditions.
In the case of performing actions that are not included in point VI according to the General Terms and Conditions, the Client is obliged to compensate the Intermediary for the actual costs of performing these actions in addition to the compensation for the Intermediary hourly wage spent.

Value added tax is calculated on all compensation amounts.
In the event that the concluded legal transaction also includes the conclusion of a pre-contract by which the Client and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation and by which the pre-contract agreed the payment of the down payment and/or part of the agreed purchase price before the conclusion of the main purchase contract, The Client undertakes to pay the mediation fee to the mediator in two equal parts, the first of which is due on the date of payment of the down payment and/or part of the agreed purchase price, and the second on the day of the conclusion of the main contract, that is, on the date of expiry of the deadline specified in the preliminary contract for the conclusion of the main contract.
In the event that the concluded legal transaction includes the conclusion of a pre-contract in which the Client and the Third Party undertake to conclude the main contract in connection with the real estate that is the subject of mediation, but which does not agree to the payment of a down payment and/or part of the agreed purchase price before concluding the main contract of sale, the Client undertakes to pay the compensation for the mediation to the Mediator on the day of concluding the main contract, i.e. on the day of expiry of the deadline specified in the preliminary contract for concluding the main contract.

In the event that the concluded legal transaction includes exclusively the conclusion of the main contract in relation to the real estate that is the subject of mediation and which contract stipulates a one-time payment of the agreed purchase price, the Client undertakes to pay the compensation for the mediation to the Intermediary on the day of concluding the contract of sale.
The withdrawal of the Client or the Third Person with whom the Client concluded a pre-contract in connection with the real estate that is the subject of mediation, as well as the withdrawal of the Client or the person with whom the Client concluded a contract in connection with the real estate that is the subject of mediation, from fulfilling the concluded contract does not affect the obligation of the Client to pay the mediation fee to the mediator in the amount determined by this article and the concluded mediation agreement.
It is considered that the Intermediary enabled the Client to enter into a relationship with a Third Party if:
directly took or directed the Client to view the property in question,
organized a meeting between the Client and the Third Party for the purpose of negotiating a legal deal,
Inform the Client of the name and surname, i.e. the company, phone number, fax number, e-mail address of the third party authorized to conclude the legal transaction, or inform him of the exact location of the requested real estate.
After the termination of the Agreement, the Intermediary has the right to compensation within 12 months and in cases where the Client enters into a legal transaction with a Third Party that is a consequence of the intermediary’s actions before the termination of the Intermediation Agreement.
If the Client withdraws during the conclusion of the mediated deal (after the Intermediary has submitted an acceptable offer), he is obliged to pay the amount of the agreed Fee to the Intermediary.

The Intermediary is entitled to Compensation if the spouse, i.e. common-law partner, descendant or parent of the Client : i.e. a trading company, institution or other legal entity of which the Client , his or her spouse, descendant or parent is the founder or legal representative, or with which he/she has concluded a contract on work, conclude a mediated legal transaction with the person with whom the Intermediary brought the Client into contact.
The intermediary fee does not include the following costs borne by the Client; translations by an authorized court interpreter of all documents related to the subject of this contract, court fees for registration, pre-registration and notation, notary’s fee for the certification of signatures on documents, costs of court fees or state stamps, certificates of identification, obtaining construction and/or use permits as and/or the costs of obtaining other documentation from the competent court, state geodetic administration, bank, administrative departments of the competent bodies of local and/or regional self-government units, or of all other bodies.

IX. Final provisions

For everything that is not expressly determined by these General Terms and Conditions, the Law on Real Estate Brokerage, the Law on Obligatory Relations, the Law on Prevention of Money Laundering and Financing of Terrorism and other applicable regulations shall apply.

The general conditions apply from November 14, 2024.