General business terms

Pursuant to the provisions of the Real Estate Brokerage Act (N.N.-107/2007 of 3 October 2007), the company FRANKLIN NEKRETNINE d.o.o. bringing:

GENERAL BUSINESS TERMS

1. GENERAL PROVISIONS
The real estate agent is FRANKLIN NEKRETNINE d.o.o. za promet nekretnina Trakošćanska 15, 10000 Zagreb, a company that meets the conditions for performing real estate brokerage determined by the Real Estate Brokerage Act (hereinafter: the Broker).
The General Terms and Conditions regulate the business relationship between the company FRANKLIN NEKRETNINE d.o.o. (hereinafter: the Intermediary) and the Principal (natural or legal persons). By concluding the Intermediation Agreement, the Client confirms that he is familiar with and agrees with the provisions of these terms and conditions.

2. REAL ESTATE OFFER
The Real Estate Agent's offer is based on information received by the Intermediary in writing or orally and is subject to confirmation. The broker retains the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up the sale (or lease). The Recipient (Client) must keep the Offers and Notices of the Intermediary as a business secret and may only transfer them to third parties with the written approval of the Intermediary. The broker reserves the right to enter into brokerage agreements with buyers, tenants and lessors of real estate (third parties).

3. OBLIGATIONS OF THE INTERMEDIARY
1. Conclude a Brokerage Agreement with the Client in writing;
2. To try to find and bring in contact with the Client a person for the purpose of concluding a brokered deal;
3. To acquaint the Client with the average market price of a similar real estate and to warn him of the shortcomings of the real estate;
4. Inspect the documents proving the ownership or other real right on the real estate in question and warn the Client of: obvious shortcomings and possible risks related to the irregular land registry condition of the real estate; registered real rights or other rights of third parties to real estate; legal consequences of non-compliance with third parties; deficiencies in the construction or use permit in accordance with a special law; the circumstances of the obligation to apply the right of first refusal and restrictions in legal transactions in accordance with special regulations;
5. Perform the necessary actions for the presentation of real estate on the market, advertise the property in a manner determined by the Broker, and enable the inspection of real estate;
6. To keep the personal data of the Client, and by written order of the Client to keep as a business secret the data on the real estate for which he mediates or in connection with that real estate or with the business for which he mediates
7. Inform the Client of all circumstances relevant to the intended work that are known to us;
8. Mediate in negotiations and strive to conclude a legal deal;
9. Attend the conclusion of the legal transaction (Pre-Agreement and Agreement); and when handing over real estate;
10. If the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations relating to that land;
11. It is considered that the Intermediary has enabled the Client to liaise with another person (natural or legal) on negotiations for concluding a brokered deal, if the Client is allowed to get in touch with another person with whom he negotiated for concluding a legal deal, especially if:
- directly took or directed the Client or a third party to inspect the real estate in question;
- organized a meeting between the Principal and the other contracting party for the purpose of negotiating the conclusion of a legal transaction;
- Communicated to the client the name, telephone number, fax, e-mail of another person authorized to enter into a legal transaction or communicated the exact location of the requested real estate.

4. OBLIGATIONS OF THE CLIENT (ORDERING PARTY)
1. Conclude a Brokerage Agreement with the Broker, in writing;
2. Inform the Broker about all circumstances that are important for the mediation and provide accurate information about the property and if he has to give the Broker a location, construction or use permit for the property that is the subject of the contract and provide the Broker with evidence of fulfillment of obligations to third parties. side;
3. Provide the Broker with documents proving his ownership of the real estate, or other real right on the real estate that is the subject of the contract and warn the Broker of all registered and unregistered encumbrances that exist on the real estate;
4. Provide the Broker and a third party interested in concluding the brokered deal with a tour of the property;
5. Inform the Broker about all relevant information about the requested real estate, which includes in particular the description of the real estate and the price;
6. After concluding the mediated legal transaction, ie pre-contract by which he undertook to conclude the mediated legal transaction, if the Mediator and the Client agreed that the right to payment of the brokerage fee is acquired upon concluding the pre-agreement, pay the brokerage fee to the broker, unless otherwise agreed;
7. If it is explicitly agreed to reimburse the Mediator for expenses incurred during the mediation that exceed the usual mediation costs;
8. Inform the Broker in writing about all changes related to the business for which he has authorized the Broker, and especially about changes related to the ownership of real estate;
9. The client will be liable for damages, if he did not act in good faith, if he acted fraudulently, if he failed or provided inaccurate information relevant to the mediation work in order to complete the legal work, and is obliged to reimburse all costs incurred during mediation. cannot be higher than the brokerage fee for the brokered job.

5. EXERCISING THE RIGHT TO COMPENSATION
The Intermediary acquires the right to an intermediary fee in full at the time of concluding the mediated transaction, ie by signing the Preliminary Agreement (or the Agreement if no Preliminary Agreement is concluded) by which the Client undertook to conclude the mediated legal transaction. The fee is paid to the Intermediary at the time of signing the Preliminary Agreement (or the Agreement if no Preliminary Agreement is concluded) of both parties. The amount of the brokerage fee for mediation performed during the sale, exchange, lease and rental of real estate is charged according to the price list of the Broker:
Sell ​​property:
- 3 - 5%, but not less than 7000 kuna
Buying a property:
- 2 - 4%, but not less than 7000 kuna
Renting or leasing real estate (commission for the landlord, lessor)
- 1 month rent for rent or lease for up to 36 months
- 2 monthly rents for rent or lease for more than 36 months
Renting and leasing of real estate (Commission for the lessee / lessee)
- 1 month rent for rent or lease for up to 36 months
- 2 monthly rents for rent or lease for more than 36 months
The Client is also obliged to pay the fee when he has concluded a legal transaction with the person with whom the Mediator brought him in, different from the one for which it was mediated, which is of the same value as the legal transaction or which achieves the same purpose as the mediated legal transaction. The Mediator is entitled to compensation if the spouse, ie extramarital partner, descendant or parent of the Client concludes the mediated legal transaction with the person with whom the Mediator has brought the Client into contact.

6. EXCLUSIVE MEDIATION
With the mediation contract, the principal may undertake not to hire any other intermediary for the mediated work (exclusive mediation).
Exclusive mediation is an obligation that must be contracted by a special mediation agreement.
If during the duration of the contract on exclusive mediation the principal concluded a legal transaction through the intermediary through another intermediary, for which the exclusive intermediary was given a mediation order, he is obliged to pay the intermediary the actual costs incurred during the mediation. If the amount of the brokerage fee is not agreed, the client is obliged to reimburse the broker for the actual costs incurred during the brokerage, which may not be higher than the brokerage fee for the brokerage job.
When concluding a contract on exclusive mediation, the mediator is obliged to warn the principal of the meaning and legal consequences of such a contract.


7. TERMINATION OF THE CONTRACT
The mediation contract is concluded for a period of 12 months and terminates upon the expiration of the term for which it was concluded, if the contract for which the mediation was not concluded has not been concluded within that period or by termination of either party. The parties may withdraw from the real estate brokerage contract before the expiration of the agreed period only for a particularly justified reason. In that case, the Client is obliged to reimburse the Broker for the costs incurred. The Mediator and the Principal agree that upon the expiration of the agreed term, the Contract shall be renewed for the same period of time, unless one of the contracting parties terminates the Contract in writing. The notice period is 30 days. If within 12 months from the termination of the brokerage contract the Client concludes a legal transaction which is mainly a consequence of the mediator's actions before the termination of the brokerage contract, he is obliged to pay the brokerage fee in full, unless otherwise agreed.
When the contract terminates due to the expiration of time, the Client is obliged to reimburse the intermediary for the costs incurred for which it was otherwise explicitly agreed that the Client pays them separately.

8. GENERAL PROVISIONS AND SETTLEMENT OF DISPUTES
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 General Terms and Conditions or the Agreement. The Municipal Civil Court in Zagreb has jurisdiction over possible disputes.

FRANKLIN NEKRETNINE d.o.o.
Kristijan Mikuš, director