Terms & Conditions
By using or browsing this site you declare that you have
read, understood and agreed to the following Terms and Conditions
and any other conditions applicable to services that can be
found on this site. If you do not agree with any part of the
following Terms and Conditions you should not use the site.
If you do not understand or want additional info about any
subject found hereafter please contact us for details.
Information and services provided
Services and data provided by the Agency, are based on the
information which the Agency receives personally and in writing
from the property seller or property buyer. This information
might be unclear, incomplete and might require confirmation.
Although every reasonable effort has been taken for the information
provided to be as accurate as possible, it is possible that
the properties advertised can be sold or withdrawn from the
market without prior notice. The Agency takes no responsibility
in this instance but will notify its clients of any changes
and update its database regularly.
Agency's Obligations
The Agency undertakes to:
- try to find and connect with the client a party interested
to conclude a brokered transaction
- estimate the market value of the property and make it
known to the client
- notify the client of any potential real estate's irregularities
(i.e. title and ownership, constructual defects, permits
and similar)
- conduct inspection of documents required for validity
of brokered transaction
- conduct query into the documents proving title of the
concerned real estate
- familiarize the client with all legal, tax and other obligations
that might arise from the brokered transaction
- perform necessary actions concerning presentation of the
real estate on the market and advertise the real estate
thru different media channels
- arrange and assist in the inspection of the real estate
- keep clients' personal information confidential
- inform the client of all circumstances significant for
the intended transaction best to Agency's knowledge.
It will be considered that the Agency has provided contact
between the client and another party interested in conclusion
of the brokered transaction, if it enabled the client to make
contact with another party (individual or legal entity) with
whom the client has negotiated the conclusion of a legal transaction,
and especially:
- if the Agency directly took the client for inspection
or directed him to do so
- if the Agency has organized a meeting between the client
and another party interested in conclusion of a legal transaction
- if the Agency has communicated to the client, the other
party's name, telephone number or fax number or told the
client the exact location of the wanted real estate
Client Obligations
The Client undertakes to:
- allow the Agency to inspect all documents proving the
ownership of the real estate or entitlements to the real
estate subject of the brokered transaction
- enable the Agency and the party interested in concluding
the brokered transaction to inspect the real estate
- pay the stipulated fee (commission) to the Agency immediately
upon conclusion of the brokered transaction i.e. preliminary
agreement, whereby the Client undertook to conclude the
brokered legal transaction
- compensate the Agency for expenses incurred during brokerage,
which exceed the usual brokerage expenses
- inform the Agency about all changes related to the transaction
for which the Client authorized the Agency.
The Client is not obliged to enter into negotiations for
conclusion of the brokered transaction with a party introduced
by the Agency, nor conclude the legal transaction. The provision
of the agreement that stipulates otherwise will be null and
void. The Client will be liable for damage if he acted in
a deceitful way in the process. If that should be the case,
the parties will agree that the Client is bound to pay the
Agency for the expenses incurred during brokerage, and they
must not exceed the brokerage fee (commission) for the brokered
transaction.
A Brokerage Fee
The Agency will realize the right to a full fee at the time of conclusion of a brokered transaction i.e. by the preliminary agreement, whereby the Client undertook to conclude the brokered legal transaction. The fee will be paid to the Agency at the time of, or immediately upon conclusion of the legal transaction for which the Agency brokered i.e. conclusion of the preliminary agreement.
The Agency is entitled to a fee if a Client's spouse, extramarital partner, offspring or corporation founded, owned or managed by the buyer concludes a brokered legal transaction with the party that had been connected with the Client by the Agency.
The fee also includes the usual brokerage expenses, except the specifically stipulated ones.
Fee Amounts
Our fees and commissions are described in the
Fees
section.
Trades
When trading, the fee is collected from both parties and
the percentage is same as the sales fee.
Termination of Agreement
The parties may cancel a real estate brokerage agreement before expiration only for exceptionally justified reasons, but only if there are no real time, ongoing negotiations present, that are a result of the Agency representation. In that case, the Client is obliged to compensate the Agency for incurred expenses that the Client would normally have to pay additionally, as expressly stipulated by the agreement.
If the Client should conclude a brokered legal transaction with a party that the Agency had connected it with, it will be obliged to compensate the Agency for the full amount of brokerage commission.
A brokerage agreement will be terminated upon written cancellation by either party. If a notice period is not expressly stipulated by the brokerage agreement, the notice period will be 30 days upon receipt of cancellation. When a real estate brokerage agreement is terminated by cancellation, the parties to the agreement will have no claims against each other. The Client is obliged to compensate the Agency for incurred expenses that the Client would normally have to pay additionally, as expressly stipulated by the agreement.
Governing Law
These Terms and Conditions shall be governed and interpreted
in accordance with the laws of the Republic of Croatia.
General Provisions and Settlement of Disputes
The relations between the Client and the Agency arising from
a brokerage agreement that are not regulated by these Terms
and Conditions, nor by a brokerage agreement, will be subject
to general provisions for brokerage agreement, as well as
to other provisions of the Obligatory Relations Act.
Possible disputes will be settled by the mutual agreement
but if this is not possible it will be handled by the Municipal
Court in Dubrovnik.
Please also read our Legal
disclaimer.