CAPITAL INVEST d.o.o.
Pula, Gladijatorska 17
VAT ID (OIB): 16510293500
General Terms and Conditions
GENERAL PROVISIONS
Article 1
These General Terms and Conditions (hereinafter: the General Terms) regulate the business relationship between the company CAPITAL INVEST d.o.o., Pula, Gladijatorska 17, VAT ID (OIB): 16510293500 (hereinafter: the Broker) and a natural and/or legal person (hereinafter: the Client) who enters into a Real Estate Brokerage Agreement with the Broker.
The General Terms form an integral part of the Brokerage Agreement.
Article 2
The following terms used in these General Terms shall have the following meanings:
A real estate broker is the company CAPITAL INVEST d.o.o., Pula, Gladijatorska 17, VAT ID (OIB): 16510293500.
Real estate brokerage includes activities of the real estate broker related to connecting the client with a third party, negotiations and preparation for concluding legal transactions concerning a specific property, in particular purchase, sale, exchange, lease, rent, etc.
Real estate includes land parcels together with everything permanently attached to the land on or below its surface, in accordance with general regulations on ownership and other real rights.
The Client is a natural or legal person who enters into a written brokerage agreement with the real estate broker (seller, buyer, lessor, lessee, landlord, tenant, or other participants in real estate transactions).
A third party is a person whom the real estate broker seeks to connect with the client for the purpose of negotiating the conclusion of a legal transaction concerning a specific property.
The brokerage fee is the amount the Client is obliged to pay to the Broker for brokerage services in real estate transactions.
PROPERTY OFFER
Article 3
The Broker’s offer is based on information received from the Client in written, oral and/or electronic form.
The offer and/or property information shall be deemed confirmed by signing the Brokerage Agreement between the Client and the Broker.
The Broker reserves the right to errors in the description and/or price of the property, as well as the possibility that the advertised property has already been sold and/or rented and/or that the owner has withdrawn the property from sale.
The Broker shall not be liable for errors referred to in paragraph 3 of this Article, except in cases of intentional misconduct and/or gross negligence by the Broker.
The Broker shall not be liable for errors and/or gross negligence of the Client.
The Client must treat the Broker’s offers as a business secret and may disclose them to third parties only with the Broker’s written consent.
If the Client is already familiar with the offered property, they must notify the Broker thereof without delay in writing (email, fax, registered mail, etc.).
PROPERTY PRICE
Article 4
Property prices are stated in EUR and payable in EUR.
BROKERAGE AGREEMENT
Article 5
By the real estate brokerage agreement, the broker undertakes to endeavor to find and connect the client with a person for the purpose of negotiating and concluding a specific legal transaction relating to the transfer or establishment of rights in rem on a property, while the client undertakes to pay the agreed brokerage fee if such legal transaction is concluded.
The brokerage agreement shall be concluded in written form and for a fixed period.
If the contracting parties do not agree on the duration of the brokerage agreement, it shall be deemed concluded for a fixed period of 12 months and may be extended several times by mutual agreement.
Unless otherwise provided by the Real Estate Brokerage Act or these General Terms, the provisions of the general law of obligations shall apply to the contractual relationship between the broker and the client.
Article 6
If the property is co-owned by several persons, written consent (power of attorney) of all co-owners is required to accept the Brokerage Agreement.
OBLIGATIONS OF THE BROKER
Article 7
Under the real estate brokerage agreement, the broker undertakes in particular to:
1. endeavor to find and connect the client with a person for the purpose of concluding the mediated transaction,
2. inform the client of the average market price of comparable property,
3. inspect documents proving ownership or other real rights in the property and warn the client of:
– evident defects and potential risks related to unresolved land registry status,
– registered real or other third-party rights on the property,
– legal consequences of non-fulfillment of obligations towards third parties,
– deficiencies in building and occupancy permits in accordance with special regulations,
– circumstances concerning pre-emption rights and restrictions on legal transactions under special laws,
4. carry out necessary actions for marketing and presentation of the property and perform other agreed actions exceeding standard presentation, for which the broker is entitled to special, pre-disclosed costs,
5. enable property viewings,
6. mediate negotiations and endeavor to conclude the agreement, if specifically agreed,
7. protect the client’s personal data and, upon written instruction, treat property-related information as a business secret,
8. if the subject of the contract is land, verify its designated use in accordance with spatial planning regulations,
9. inform the client of all circumstances relevant to the intended transaction that are known or should be known to the broker.
OBLIGATIONS OF THE CLIENT
Article 8
Under the real estate brokerage agreement, the client undertakes in particular to:
1. inform the broker of all circumstances relevant to brokerage services and provide accurate property information, including location, building and/or occupancy permits, if available,
2. provide documents proving ownership or other real rights and disclose all registered and unregistered encumbrances on the property,
3. allow the broker and interested third parties to inspect the property,
4. inform the broker of all essential details regarding the desired property, including description and price,
5. pay the brokerage fee after conclusion of the mediated legal transaction or preliminary agreement, if agreed that the fee becomes due upon conclusion of the preliminary agreement,
6. reimburse the broker for extraordinary costs incurred during brokerage, if explicitly agreed,
7. notify the broker in writing of any changes related to the transaction, particularly ownership changes.
BROKERAGE SERVICE
Article 9
The brokerage service shall be deemed completed if the broker connects the client with a third party for negotiations and the mediated transaction is concluded, especially if the broker has:
1. directly introduced the third party for property viewing,
2. organized a meeting between the client and the third party,
3. provided the client with contact details of the authorized negotiating party,
4. enabled contact in any other manner that clearly identifies the authorized person.
BROKERAGE FEE AND COSTS
Article 10
The broker charges a brokerage fee in the amount agreed in the Brokerage Agreement.
The broker becomes entitled to the brokerage fee upon conclusion of the first legal act between the parties (preliminary or final agreement).
The broker is also entitled to reimbursement of costs incurred during brokerage, amounting to no less than one-third and no more than the agreed brokerage fee.
Article 11
If the client fails to enter negotiations or conclude the mediated transaction without acting in good faith, the client shall compensate the broker for damages and reimburse all reasonable costs incurred, which may not be less than one-third nor exceed the agreed brokerage fee.
Article 12
The client shall pay the brokerage fee if they conclude a different transaction with the person introduced by the broker that achieves the same purpose as the mediated transaction.
The obligation also applies if the transaction is concluded by the client’s spouse, partner, descendant, parent, or close relative.
LIABILITY FOR DAMAGES
Article 13
If the broker breaches the obligation of confidentiality, they shall compensate damages suffered as a result.
Disclosure necessary to perform brokerage duties shall not be considered a breach of confidentiality.
Article 14
The client shall be liable for damages if they acted fraudulently or provided false or withheld essential information.
PRICE LIST OF BROKERAGE SERVICES
Article 15
The prices of brokerage services are as follows:
Property sale: 3%.
Property purchase: 3%.
Lease/rent: amount of one monthly rent.
Hourly brokerage rate: EUR 50 (not charged if full brokerage fee is paid, unless otherwise agreed).
Other agency services: by agreement.
VAT shall be calculated on all items in accordance with applicable law.
All amounts are payable in accordance with the selling exchange rate of the Croatian National Bank.
Administrative, court and notary public costs related to the mediated transaction shall be borne by the Client.
DURATION AND TERMINATION OF THE AGREEMENT
Article 16
The brokerage agreement is concluded for a period of two (2) years and terminates upon expiry unless the mediated contract is concluded or terminated by either party.
The client shall reimburse the broker for agreed special costs.
If, after termination, the client concludes a transaction predominantly resulting from the broker’s activities during the agreement term, the brokerage fee shall be payable in full.
FINAL PROVISIONS
Article 17
In the event of a dispute, the court with jurisdiction according to the Broker’s registered office shall be competent.
Article 18
The Broker reserves the right to update and/or amend these General Terms in accordance with legal obligations.
Pula, 10 October 2019
CAPITAL INVEST d.o.o.
Director: Pavle Kavedžija
Company Information
- Capital Invest d.o.o.
- Gladijatorska 17
- Pula, Istria, Croatia
- VAT ID (OIB): 16510293500
Contact Information
- Mobile: +385 98 202 300
- Office – Mletačka 12, Pula
- Phone: +385 52 757 991
- Email: info@capitalinvest.hr
Office Hours
- Monday – Friday: 8:00 – 17:00
- Saturday: 8:00 – 13:00
Other appointments by prior arrangement.