General Terms and Conditions

LA MAGIE DE LA MER d.o.o. for real estate services
Hrvatske mornarice 1D, 21000 Split, PID: 41839588742

I. Meaning of expressions contained in the Terms and Conditions

Certain expressions in these General Terms and Conditions have the following meanings:

The real estate broker is LA MAGIE DE LA MER d.o.o. for real estate services based in Split, Hrvatske mornarice 1D, PID: 41839588742, which meets the conditions for real estate brokerage activities determined by the Real Estate Brokerage Act (hereinafter: the Broker).
A real estate brokerage agent is a natural person who is registered in the Directory of Real Estate Brokerage Agents and is as such employed by the Broker (hereinafter: the Agent).
Real estate brokerage implies the actions of the real estate broker concerning the connection of the client and a third party, including negotiations and preparations for concluding legal transactions which are the subject of a particular real estate, especially in the context of buying, selling, exchanging, renting, leasing, etc.
The client is a natural or legal person who enters into a written brokerage agreement with the real estate broker (seller, buyer, lessee, lessor, landlord, tenant and other possible participants in real estate transactions - hereinafter: the Client).
A third party is a person whom a real estate agent seeks to connect with the Client for the purpose of negotiating the conclusion of legal transactions which are the subject of a particular real estate (hereinafter: Third Party).

II. Offer

The Broker's offer is based on data received in writing and/or orally from the property owners offered for sale, lease or rent, as well as on the data provided in writing and/or orally by the Client.

III. Real Estate Brokerage Agreement

The Real Estate Brokerage Agreement (hereinafter: the Agreement) obliges the Broker to seek out a Third Party and bring them into contact with the Client for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right to real estate and/or in connection with real estate , and the Client undertakes to pay the Broker a brokerage fee (hereinafter: the Fee) if the aforementioned legal transaction is concluded.
The contract is concluded in writing and for a limited period of time.
If the Contracting Parties do not state the term of duration of the Agreement in the Agreement itself, the Agreement is concluded for a limited period of 12 months from the date of Agreement conclusion and may be extended several times by mutual agreement of the parties.

IV. Termination of the Brokerage Agreement

A Brokerage Agreement contract concluded for a limited period of time shall terminate upon the expiration of the term for which it was concluded if the brokered contract was not concluded within that period, or by the termination of either of the contracting parties.
The Client is obliged to reimburse the Broker for the costs incurred if it was explicitly agreed that the Client pays them separately.
If, within 12 months after the termination of the concluded Agreement, the Client concludes a legal transaction as a result of the Broker’s actions before the termination of the Brokerage Agreement, the Client is obliged to pay the Brokerage fee in full.

V. Exclusive brokerage

Under the Exclusive Brokerage Agreement, the Client undertakes not to hire any other brokerage for the mediated work.
If the Client has entered into a legal transaction through another broker during the duration of the Exclusive Mediation Agreement for which the exclusive Mediator was given a brokerage order, the Client is obliged to pay the exclusive Broker the agreed upon Brokerage Fee, as well as any additional actual costs incurred during mediation.
When concluding an Exclusive Brokerage Agreement, the Broker is obliged to warn the Client of the meaning and legal consequences of the contractual clause from the previous paragraph.
An Exclusive Brokerage Agreement concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded if the contract which was mediated was not concluded within that period, or by termination of either of the contracting parties.
In case of termination of the Exclusive Brokerage Agreement for the reasons indicated in the previous paragraph, the Client is obliged to reimburse the Broker for the costs incurred if it was explicitly agreed that the Client pays them separately.
If, within 12 months after the termination of the Exclusive Brokerage Agreement, the Client concludes a legal transaction as a result of the Broker’s actions before the termination of the Exclusive Brokerage Agreement, the Client is obliged to pay the Brokerage Fee in full.

VI. Broker’s obligations

The broker is obliged to perform the following when mediating for the conclusion of a sales contract, rental agreement or real estate lease agreement:

undertake to find and bring into contact with the Client a person for the purpose of concluding a mediated transaction,
familiarize the Client with the average market price of a similar property,
obtain and inspect documents proving ownership or other real right to the property in question,
perform necessary actions for the presentation of the property on the market, advertise the property in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage agreement that exceed the usual presentation, for which the Broker is entitled to separate, pre-stated costs,
provide property showings,
mediate negotiations and try to reach an agreement, if the Broker has specifically committed to it,
keep the personal data of the Client and, upon a written order by the Client, to keep the data on the property for which the Broker mediates or the data in connection with that real estate or with the business for which he mediates a business secret,
if the subject of the agreement is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to that land,
inform the Client of all circumstances relevant to the intended work that are known to the Broker or must be known to the Broker,
familiarize the Client with the provisions of the Act on the Prevention of Money Laundering and Terrorist Financing (OG 87/08).

After the conclusion of a sales contract, the Broker undertakes to perform the following for the Client - the buyer of the property:

in cooperation with the legal aid service provider, transfer ownership in the land register;
register the Client as a new user of services with the companies of utility service providers;
submit documentation to the competent Tax Administration for the purpose of real estate sales tax assessment

VII. Client’s obligations

By concluding Brokerage Agreement with the Broker, the Client assumes the following obligations:

inform the Broker about all circumstances important for the mediation and provide accurate information about the property and, if applicable, provide the Broker with a location, construction or use permit for the property that is the subject of the agreement and provide the Broker with evidence of fulfillment of obligations to third parties,
provide the Broker with documents proving ownership of the property or other real right on the property that is the subject of the agreement and warn the Broker of all registered and unregistered encumbrances that exist on the property,
provide the Broker and a Third Party interested in concluding the brokered contract with a tour of the property,
inform the Broker of all relevant information about the desired property, which in particular includes a description of the property and the price,
after concluding the pre-contract, pay the Broker a fee,
reimburse the Broker for expenses incurred during the mediation that exceed the usual mediation costs,
notify the Broker in writing of all changes related to the services for which the Client has authorized the Broker, particularly of the changes related to the ownership of the property.

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 deal. The Client will be liable to the Broker for damages if the Client does not act in good faith and is obliged to reimburse the Broker for all costs incurred during the mediation, which may not be less than 1/3 nor greater than the agreed upon fee.
The Client will be liable for damages if the Client acted fraudulently, failed to provide correct or provided incorrect information relevant to the brokerage services in order to terminate the brokerage services.

VIII. Brokerage fee

The brokerage fee is determined by the Brokerage Agreement.
The agreed upon brokerage fee includes the execution of all actions of the Broker listed in item VI. of the Terms and Conditions.
In the case of performing activities that are not covered by item VI. of the Terms and Conditions based on the request of the Client, the price of the brokerage hourly rate is set at HRK 350.00.
In the case of performing activities that are not covered by item VI. of the Terms and Conditions based on the Client's request, in addition to the brokerage hourly fee, the Client is obliged to reimburse the Broker for the actual costs of performing these actions.
All fees are subject to value added tax.
In the event that the concluded legal transaction includes the conclusion of a pre-agreement by which the Client and the Third Party undertook to enter into a main contract in relation to the property subject to mediation, with which a pre-agreed payment of a down payment and/or part of the agreed purchase price before concluding the main sales contract has been agreed upon, The Client undertakes to pay the brokerage fee to the Broker in two equal parts, the first of which is due on the day of payment of the down payment and/or part of the agreed upon purchase price, and the second on the day of concluding the main contract.
In the event that the concluded legal transaction includes the conclusion of a pre-agreement by which the Client and the Third Party undertook to enter into a main contract in relation to the property which is the subject of mediation, but did not agree on a down payment and/or payment of a part of the agreed upon purchase price before concluding the main sales contract, the Client undertakes to pay the brokerage fee to the Broker on the day of concluding the main contract, i.e., on the day of expiration of the deadline specified in the pre-contract for concluding the main contract.
In the event that the concluded legal transaction includes only the conclusion of the main contract in relation to the property that is the subject of mediation, the Client undertakes to pay the brokerage fee to the Broker on the day of concluding the sales contract.
The withdrawal of the Client or a Third Party with which the Client has entered into a pre-agreement in relation to the property subject to mediation, as well as the withdrawal of the Client or the person with whom the Client has concluded a contract in relation to the property subject to mediation do not release the Client from the brokerage fee in the amount and in the manner determined by this Article and the concluded Brokerage Agreement.
The Client is also obliged to pay the fee when a legal transaction unrelated to the Brokerage Agreement is concluded with a Third Party who was brought to the Client by the Broker and with whom the Broker brought him into contact, or when the subject of the legal transaction is the property which is the subject of the Brokerage Agreement, as such a transaction achieves the same purpose as the brokered transaction. which is the legal business of the real estate that is the subject of mediation.
It is considered that the Broker enabled the Client to contact the Third Party if: - the Broker directly took or sent the Client to inspect the property in question, - organized a meeting between the Client and the Third Contracting Party to negotiate a legal transaction, - communicated the name and surname, that is, the company, telephone number, fax number, e-mail address of the Third Party authorized to enter into a legal transaction or communicated to the Client the exact location of the desired property.
After the termination of the Agreement, the Broker is entitled to compensation within 12 months and, in cases where the Client concludes a legal transaction with a Third Party as a result of the Broker’s actions, before the termination of the Brokerage Agreement.
If the Client withdraws during the conclusion of the mediated transaction (after the Broker has submitted an acceptable offer), the Client is obliged to pay the Broker the full amount of the agreed upon fee.
The Broker is entitled to the brokerage fee if the spouse, i.e., extramarital partner, descendant or parent of the Principal; that is, a company, institution or other legal entity that the Client, his spouse or common-law partner, descendant or parent founder or legal representative, or a person with whom the Client has concluded an employment contract or service contract, concludes a mediated legal transaction with a person with whom the Mediator brought the Client into contact.

IX. Final provisions

For all the matters not explicitly determined by these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act and other legal regulations apply.
The Broker will publish these General Terms and Conditions on the company's bulletin board and will inform each party about these terms of business.

The General Terms and Conditions apply from 3 November 2021.