Geschäftsbedingungen


Pursuant to the provisions of the Real Estate Brokerage Act (OG 107/2007), the real estate agency Ambienta nekretnine d.o.o., Ivane Brlić Mažuranić 82, Zagreb, PID: 30391822971; hereby sets forth:

TERMS AND CONDITIONS
for real estate brokerage

INTRODUCTION
ARTICLE 1

(1) The Terms and Conditions regulate the business relationship (mutual rights and obligations) between the Broker and the Client, who enter into a contractual relationship for the purposes of real estate brokerage.
(2) These Terms and Conditions (hereinafter: T&C) regulate the provisions on the following in particular:
- the Broker's mediation in real estate brokerage,
- types of real estate brokerage agreements, their conclusion, fulfillment, and termination,
- rights and obligations of the Broker and the Client,
- brokerage fee.
(3) By concluding the Brokerage Agreement, the Client confirms that the Client has read and agrees with the provisions of these terms of business.
(4) These Terms and Conditions shall apply together with individual Brokerage Agreements concluded with Clients. Terms and Conditions are an integral part of individual agreements concluded with the Client. Should an individual agreement with a Client differ from the provisions in the Terms and Conditions, the provisions of the individual agreement apply.
(5) The Terms and Conditions are available in writing and are displayed in a visible and accessible place in the business premises of the Broker at the following address: Ivane Brlić Mažuranić 82, Zagreb, as well as on the official website of the Broker: www.ambienta.com.

GENERAL PROVISIONS:
ARTICLE 2

Certain terms in the scope of these T&Cs have the following meanings:
1. Real estate brokerage implies the actions of the Broker concerning the connection of the Client with a third party, as well as negotiations and preparations for concluding legal transactions with the subject of real estate deals, especially when the subject is a purchase, sale, swap, rent, lease, etc.
2. The Broker is the real estate agency Ambienta nekretnine d.o.o., from Zagreb, Ivane Brlić Mažuranić 82, PID:30391822971, performing the activity: Real estate agencies, i.e., is a real estate broker. Ambienta nekretnine d.o.o. agency is a licensed real estate agency (entered into the Register of Real Estate Brokers at the Croatian Chamber of Commerce under the following number: 43/2022; CLASS UP/I-330-01/22-01/70; decision date: 10 February 2022. Ambienta nekretnine d.o.o. agency employs a licensed real estate Agent registered in the Directory of Agents at the Croatian Chamber of Commerce. The office of Ambienta nekretnine d.o.o. agency is located at the following address: Ivane Brlić Mažuranić 82, Zagreb. The agency mediates according to the Real Estate Brokerage Act (OG 107/07; 144/12; 14/14).
3. The Client is a natural or legal, domestic or foreign person, who enters into a Brokerage Agreement with the Broker (seller, buyer, lessee, lessor, landlord, tenant, a party in a real estate swap, and any other potential participant in real estate transactions).
4. A third party is a person who the Broker attempts to put into contact with the Client for the purpose of negotiations on the conclusion of legal transactions of which the subject is a particular property.
5. Real estate implies a plot of land, together with everything permanently connected to the land or below its surface in accordance with the provisions of the general regulations on ownership and other real rights.
6. Brokerage Agreement: a document which regulates the relationship between the Client and the Broker.

ORDERING BROKERAGE SERVICES OR OTHER AGENCY SERVICE:
ARTICLE 3

(1) A Client interested in brokerage services for real estate sales, rentals, leases or swaps is obligated to sign a Brokerage Agreement with the Broker in written/digital form.
(2) In the sales of real estate co-owned by multiple people, written consent of all the co-owners is required for the real estate sale in the form of acceptance of the Brokerage Agreement.
(3) The cost of administrative or court fees incurred with the purpose of obtaining the necessary ownership and other documentation that is a prerequisite for placing the real estate on the market, registration of ownership in the Land Register, as well as the cost of energy certificates for the real estate which is the subject of the brokerage shall be borne by the Client/real estate owner.
(4) In accordance with the Real Estate Brokerage Act, there is a general Brokerage Agreement and an Exclusive Brokerage Agreement.
(5) In the case of need for additional services, a separate Agreement defining the service scope, price, and deadline shall be signed.

BROKERAGE AGREEMENT
ARTICLE 4

(1) The general Brokerage Agreement (hereinafter: Agreement) obliges the Broker to try to find and put into contact with the Client a third party for negotiations and conclusion of a legal transaction on the transfer or establisment of a certain real right on real estate, and obliges the Client to pay the Broker a brokerage fee should that legal transaction be concluded.
(2) The Agreement is concluded in written/digital form for a definite period of time of 12 months. The Agreement shall be considered concluded when signed by both contractual parties.
(3) The Client and the Broker agree that the Agreement shall be automatically extended for another 12 / twelwe / months after the expiration of the first 12 months if no Sales / Rental / Lease Agreement has been concluded during the initial period of Agrement duration for the brokered real estate, as well as if the Agreement has not been previously terminated by either of the contractual parties, if the Client failed to withdraw the real estate from the market before the expiration of the initial Agreement duration period.
(4) The provisions of the general regulations of the law of obligations shall apply to the relationship of the Broker and the Client.

SCOPE OF AGREEMENT
ARTICLE 5

(1) The Agreement shall contain information on the Broker, the Client, the type and essential content of the deal for which the Broker mediates, the brokerage fee, the deadline and conditions for payment of the brokerage fee, and potential additional costs incurred when the Broker performs other services related to the deal that is the subject of mediation for and with the consent of the Client.
(2) The Agreement may contain other information related to the deal for which the Broker mediates.

EXCLUSIVE BROKERAGE
ARTICLE 6

(1) The Client may undertake not to hire another broker for the brokered deal, i.e., not to sell the property themselves or in any other way through an Exclusive Brokerage Agreement, which must be explicitly agreed upon and the Broker must explicitly warn the Client of the meaning and legal consequences of the clause.
(2) The Exclusive Brokerage Agreement is subject to the provisions provided in Articles 4 and 5 of these T&Cs.
(3) Should the Client, during the duration of an Exclusive Brokerage Agreement and without the Broker's knowledge, conclude a legal transaction through another broker, alone, or in any other way for a property that the exclusive broker was given the brokerage request, the Client must pay the Broker a brokerage fee in the same amount that would be paid if the Broker was involved or actual expenses incurred during the mediation process, which cannot exceed the brokerage fee for the brokered deal, which will be agreed upon during the conclusion of the Exclusive Brokerage Agreement.

TERMINATION OF BROKERAGE AGREEMENT
ARTICLE 7

(1) An Agreement concluded for a definite period of time is terminated upon the expiration of the time period if the brokered contract has not been concluded or by the termination of either contractual party. Should the termination period not be explicitly stated in the Agreement, the termination period shall amount to 8 days from the termination notice.
(2) The Client is obligated to reimburse the Broker for incurred costs for which it was previously explicitly agreed upon that the Client pays separately.
(3) Should the Client, during the 12 months after the termination of the Brokerage Agreement, conclude a legal transaction which is mainly a consequence of the Broker's actions before the termination of the Brokerage Agreement, the Client must pay the Broker the brokerage fee (commission) in full.
(4) The provisions under this Article also apply to the termination of the Exclusive Brokerage Agreement.

THE AGENCY'S (BROKER'S) OBLIGATIONS TOWARDS THE SELLER/LANDLORD/LESSOR
ARTICLE 8

(1) In performing brokerage activities and other actions related to the deal which is the subject of mediation, the Broker must act with increased care, according to the rules and customs of the profession (due dilligence).

(2) When advertising in the media, or other written and electronic media, in their own premises or in other places where advertising is allowed in connection with the real estate that is the subject of business, the Broker shall state their company.
(3) The Broker offers basic and additional services.
(4) While mediating a real estate sale, rental, lease or swap, the Broker is obliged to provide the following basic services:
1. conclude a Brokerage Agreement with the Client (standard or exclusive) in written/digital form;
2. inspect the actual condition of the property (the Agent personally inspects the property, takes photos…)
3. inform the Client – seller, landlord or lessor – about the average market price of the sale/rent/lease of a similar property, i.e., with the price of corresponding real estate;
4. inform the Client about the real estate defects and the state of the market;
5. obtain and inspect the obtained documents, as well as inspect the documents proving the ownership or other real right to the real estate in question, necessary for the validity of the brokered deal;
6. to acquaint the Client with all legal, tax and other obligations arising from the legal transaction regarding the real estate in question;
7. perform the necessary actions for the purpose of presenting the real estate on the market, and perform all necessary actions for the purpose of advertising the real estate in the manner determined by the Broker;
8. advertise the sale / lease / rental of the real estate in question for the purpose of its presentation on the market in the most appropriate manner and perform all other actions specifically agreed upon with the Client, which exceed the usual presentation, with the right to additional, pre-stated costs;
9. undertake to find and put into contact with the Client a third party for the conclusion of a brokered deal;
10. organize real estate showings, guide clients during the tour of the real estate;
11. mediate negotiations and undertake to achieve the conclusion of a legal transaction;
12. ensure the preparation of the Pre-sales Agreement, Sales Agreement, tabular statement, Real Estate Lease Agreement, or Real Estate Rent Agreement;
13. organize and coordinate meetings with the law office or notary public office related to the completion of purchase and sale;
14. be present during the conclusion of the legal transaction of real estate purchase and sale (Pre-contract and/or Agreement), during the verification of signatures in the notay public's office;
15. mediate and participate in the real estate handover and draft a handover record of the sale/rent/lease;
16. keep confidential the personal data of the Client and, by written instruction of the Client, keep as a business secret data on the real estate for which the Broker is mediating or dana related to the real estate or the brokered deal;
17. inform the Client about all circumstances significant for the intended work that are or must be known to the Broker;
18. in the case where the subject of the conclusion of an agreement is land, check the purpose of the land in question in accordance with the regulations on spatial planning related to that land;
(5) It is considered that the Broker has put the Client into contact with a third party (natural or legal person) to negotiate a legal transaction especially if: the Broker directly brought ot sent the Client to inspect the real estate in question, organized a meeting between the Client and third party to negotiate the conclusion of a legal transaction; the Broker gave the Client the name, phone number, fax number, email of a third person authorized to conclude a legal transaction or if the Broker gave the Client the exact location of the real estate in question.

THE BROKER AGENCY'S OBLIGATIONS TOWARDS THE CLIENT BUYER/TENANT/LESSEE:
ARTICLE 9

In the mediation of a real estate purchase, rental, lease or swap, the Broker is obliged to provide the following basic services:
1. conclude a Brokerage Agreement with the Client (standard or exclusive) in written/digital form;
2. inform the Client – buyer/tenant/lessee – about the average market price of real estate sales/rent/lease, i.e., the price of corresponding real estate;
3. undertake to find appropriate real estate for the Client;
4. organize real estate showings;
5. undertake to find and put into contact with the Client a third party for the purpose of concluding the brokered deal;
6. obtain and inspect obtained documents proving the ownership or other real right on the real estate in question, which is necessary for the validity of the brokered deal;
7. inform the Client about real estate defects and the state of the market;
8. acquaint the Client with all legal, tax and other obligations that arise from the legal transaction regarding the real estate in question;
9. mediate in negotiations and undertake to conclude a legal transaction;
10. ensure the preparation of the Pre-Sales Agreement, Sales Agreement, tabular statement, Real Estate Lease Agreement or the Real Estate Rent Agreement;
11. organize and coordinate meetings with the law office;
12. organize and coordinate meetings with the notary public office related to the completion of purchase and sale;
13. be present during the conclusion of the legal transaction of real estate purchase and sale (Pre-contract and/or Agreement), during the verification of signatures in the notay public's office and be present during the payment of the purchase price;
14. be present during the conclusion of the legal transaction of real estate rent/lease (Rental Agreement/Lease Agreement), during the verification of signatures in the notary public's office;
15. mediate and participate in the real estate handover and draft a handover record of the sale/rent/lease;
16. keep confidential the personal data of the Client and, by written instruction of the Client, keep as a business secret data on the real estate for which the Broker is mediating or dana related to the real estate or the brokered deal;
17. inform the Client about all circumstances significant for the intended work that are or must be known to the Broker;
18. in the case where the subject of the conclusion of an agreement is land, check the purpose of the land in question in accordance with the regulations on spatial planning related to that land;
19. on behalf of the Client (based on the power of attorney of the Client) file the necessary documentation with the competent institutions for the transfer of overhead costs from the Seller to the Buyer;
20. on behalf of the Client (based on the power of attorney of the Client) file the necessary documentation with the competent Tax Administration and the land registry department of the competent Court;
21. on behalf of the Client (based on the power of attorney of the Client) inspect the overhead costs of the real estate that is the subject of mediation in the lease/rental/sale;

The above services belong to the basic services and as such constitute the services provided by the Broker to the Client on the basis of a signed Brokerage Agreement in the sale / rent / lease / swap / purchase of real estate. All other services are considered to be additional services. Each additional service is ordered in writing and is charged for separately (according to the Broker's price list).

(6) When concluding each individual Brokerage Agreement, the Landlord and the Broker shall define within the Agreement all actions relevant to the scope of the work for which the Broker mediates (rent / lease / sale / swap), and potential additional services that arise when the Broker, in agreement with the Client, performs for the Client other services related to the deal that is the subject of mediation. In the event that the need for additional services arose after the signing of the Brokerage Agreement, the Client and the Broker are obliged to define the scope, price, and deadline for the provision of additional services in the annex to the Agreement.

THE CLIENT'S (SELLER'S,LANDLORD'S,LESSOR'S) OBLIGATIONS TOWARDS THE BROKER:
ARTICLE 10

1. conclude a Brokerage Agreement with the Broker (standard or exclusive) in written/digital form;
2. inform the Broker about all circumstances that are important for the mediation and provide accurate information about the real estate and if possible, provide the Broker with location, construction, or use permits for the real estate that is the subject of the Agreement, and provide the Broker with evidence of compliance with obligations towards a third party;
3. provide the Broker with documents proving ownership of the real estate, i.e., other real rights on the real estate which is the subject of the Agreement and inform the Broker of all registered and unregistered encumbrances existing on the real estate;
4. provide the Broker with all relevant information, including in particular the description of the property and the price;
5. provide the Broker and the person interested in concluding the brokered deal with a tour of the real estate accompanied by the Broker;
6. immediately after the conclusion of the mediated transaction or Pre-Agreement by which the Client undertook to conclude the mediated legal transaction, pay the agreed upon fee (commission) to the Broker or no later than within 8 (eight) days;
7. reimburse the Broker for expenses incurred during the mediation which exceed the usual mediation costs (e.g. advertising in special media);
8. inform the Broker in writing of all changes related to the work for which the Client has authorized the Broker, and in particular of changes related to the ownership of real estate;
9. The Client is not obliged to enter into negotiations for concluding a brokered deal with a third party found by the Broker, nor to enter into a legal transaction, and any provision of the Agreement stating otherwise shall be considered null and void. The Client will be liable for damages if the Client did not act in good faith, and is obliged to reimburse the Broker for all costs incurred during the mediation, which may not exceed the brokerage fee for the brokered deal.

THE CLIENT'S (BUYER'S, LESSEE'S, TENANT'S) OBLIGATIONS TOWARDS THE BROKER:
ARTICLE 11

1. conclude a Brokerage Agreement with the Broker (standard or exclusive) in written/digital form;
2. provide the Broker with all relevant information for the desired real estate for the purpose of buying / renting / leasing, which includes in particular the type of real estate, location, preferred price; in the case of a lease, to specify the activity to be performed in the real estate and the like;
3. a Client who appears in the role of the Client-buyer/tenant/lessee is obliged to inform the Broker about all changes important for concluding the legal transaction, such as: change of circumstances related to solvency, ability of obtaining a bank loan, wishes and needs related to the type or size of the property and the price;
4. a Client who appears in the role of the Client-buyer/tenant/lessee, is obliged to inform the mediator in writing or orally within 7 (seven) days about the termination of the mediation obligation if the Client finds a property on their own and concludes a Purchase Agreement, Rental Agreement or Lease Agreement.
5. immediately after the conclusion of the brokered deal, i.e., upon the signing of the Pre-agreement or Purchase Agreement (in case the Pre-agreement is not concluded, but directly the Purchase Agreement); Rental or Lease Agreement by which the Client undertakes to conclude the mediated legal transaction, the Client is obliged to pay the Broker the agreed upon fee (commission) immediately or no later than 8 (eight) days from the date of signing the Pre-agreement/Purchase/Rent/Lease Agreement after the first payment towards a downpayment or payment of the purchase price.
6. reimburse the Broker for expenses incurred during the mediation which exceed the usual mediation costs;

BROKERAGE FEE
ARTICLE 12

The amount of the brokerage fee is freely agreed upon by signing the Brokerage Agreement (hereinafter: Fee).

RIGHT TO BROKERAGE FEE
ARTICLE 13

(1)    The Broker acquires the right to compensation in full at the time of concluding the mediated transaction or by signing the Pre-agreement (or the Agreement if the Pre-agreement is not concluded) by which the Client undertook to conclude the mediated legal transaction. The fee is paid to the Broker simultaneously or immediately after the conclusion of the legal transaction for which the Broker mediated, i.e., at the time of signing the Pre-agreement/Agreement between the two parties, or no later than 8 (eight) days from the date of signing the Pre-agreement/Agreement after the first downpayment or payment of the purchase price.
(2) The Broker may not demand partial payment of the fee in advance, i.e., before concluding the Pre-agreement or Agreement in accordance with Paragraph 1 of this Article.
(3) The costs of additional services related to the deal that is the subject of mediation may be charged by the Broker in the amount of actual costs, if this is specifically agreed upon between the Broker and the Client.
(4) If the Client withdraws during the conclusion of the brokered deal, the Client is obliged to pay the real costs regarding the time spent, advertising, and other costs, all according to the brokerage tariff.
(5) The Client is also obliged to pay the fee when the Client has concluded a legal transaction with the person with whom the Broker has brought them into contact with, even if the transaction was different from the one for which the Broker mediated, which is of the same value as the legal transaction or which achieves the same purpose as the brokered legal transaction.
(6) The Broker is also entitled to compensation if the spouse, i.e., extramarital partner, descendant or parent of the Client concludes a legal transaction for which the Broker has mediated with a third party with whom the Broker has brought the Client into contact.

FEE AMOUNTS
ARTICLE 14

(1) The Broker is entitled to a brokerage fee for mediation performed during the sale, swap, lease or rental of real estate.
(2) The fee shall be charged as a percentage of the total achieved amount of the purchase price, i.e., the amount of the monthly rent / lease, and VAT shall be added on top of the price.
(3) The amounts of fees are listed in the Price List, which is an integral part of these Terms and Conditions.
(4) The price list is displayed in a visible and accessible place in the business premises of the Broker and applies to all agreements, unless otherwise agreed upon in an individual agreement.
(5) If it is explicitly agreed, the Broker, in agreement with the Client, may perform other services for the Client in connection with the deal that is the subject of mediation, and which exceed the usual operating costs, in which case the price of the brokerage hour is set at HRK 250 + VAT).
(6) If the Client temselves offers the Broker a fee higher than agreed upon, the Broker may receive such a fee, but provided that it is not in obvious disproportion to the Broker's services, the outcome of the work, and the financial situation of the party.
(7) In the case of mediation in which the Client found the interested person temselves or through a third party, the Broker may, in accordance with their conscience, collect actual costs incurred in connection with the deal, if the Client used partial mediation.

COOPERATION WITH OTHER AGENCIES - BROKERS
ARTICLE 15

Ambienta nekretnine d.o.o. agency is ready to cooperate with other brokerage agencies that respect fundamental ethical principles (which exclude the disclosure of false business data to obtain business and clients, disparagement of other agencies in any way to obtain business and clients, unrealistic real estate appraisals to obtain brokerage and exclusion of other agencies from the market, appearance in the media with the intention of personal promotion, and to the detriment of other agencies).

OFFER
ARTICLE 16

(1)    The offer of the Ambienta nekretnine d.o.o. brokerage agency is based on the information we receive in writing and orally and is subject to confirmation. The Broker retains the possibility of errors in the description and price of real estate that may occur due to changed terms of sale / rent / lease or incorrect information provided by the property owner, and the possibility that the advertised property was sold or rented without informing us in time.

(2) Our offers and notifications must be kept confidential by the recipient (Client) and may only be transferred to a third party with our written consent. If the recipient of our offer is already familiar with any of the facilities we have offered, he /she is obliged to inform us without delay.

GENERAL TERMS AND DISPUTE RESOLUTION
ARTICLE 17

The method of submitting consumer complaints is published on the Broker's website www.ambienta-nekretnine.hr, as well as in the Broker's office at Ivane Brlić Mažuranić 82, Zagreb. The Broker undertakes to respond to the customer's complaint no later than 15 days from the date of receipt of the complaint.

ARTICLE 18
The provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply to the relations between the Client and the Broker arising from the Brokerage Agreement which are not regulated by these Terms and Conditions or the Brokerage Agreement. Potential disputes will be resolved by the Municipal Civil Court in Zagreb.
The Terms and Conditions and the price list of services come into force on the day of adoption and are available in writing and displayed in a visible and accessible place in the business premises of the Broker at: Ivane Brlić Mažuranić 82, Zagreb, and on the Broker's official website www.ambienta-nekretnine.hr.

BROKERAGE FEE PRICE LIST:

I SALE AND PURCHASE
Highest total commission 6 %
Lowest total commission 2 %

II SALE
Commission for real estate sale brokerage (paid by the seller)
1 – 3 %,

III PURCHASE
Commission for real estate purchase brokerage (paid by the buyer)
1 – 3 %

IV SWAP
In the event of real esate swap, the commission is paid in the amount of 1-3% by each party participating in the swap, and the percentage is calculated on the basis of the value of the real estate gained by each party through the swap.

V LEASE AND RENT
RENT AND LEASE – commission paid by landlord and lessor
Monthly rent percentage
100% minimum
100% for rent or lease in the duration of 12 – 59 months
150% minimum for rent or lease in the duration of 60 mjeseci (5 years) and more

RENT AND LEASE – commission paid by tenant and lessee
Monthly rent percentage
100% minimum for rent
100% minimum for lease
100% minimum for rent or lease in the duration of 12 – 59 months
150% minimum for rent or lease in the duration of 60 mjeseci (5 years) and more

All fee amounts are subject to value added tax.

Ambienta nekretnine agency
Ambienta nekretnine d.o.o.

10 February 2022