General Terms and Conditions

Intermediary QUEEN REAL ESTATE d.o.o Vir, Lučica XXX / 3, OIB, 89544346141, hereinafter; Mediator Principal: a natural or legal person who has entered into a mediation agreement with the Mediator. Mediation contract: a document regulating the relations between the Principal and the Mediator. The intermediary undertakes to endeavor to find and bring into contact with the principal a person for the purpose of concluding a brokered deal, in accordance with the provisions of Article 21 of the Real Estate Brokerage Act. General business conditions are regulated by Article 18 of the Real Estate Brokerage Act (OG 107 of 19 October 2017) and the Act on Amendments to the Real Estate Brokerage Act (OG 144/12)

Article 1

The General Terms and Conditions of Real Estate Brokerage (hereinafter; General Terms and Conditions) regulate the business relationship between a real estate brokerage agency (hereinafter; broker) and a natural or legal person (hereinafter; the principal) who enters into an agreement with the broker. written mediation agreement.

Article 2

If the contracting parties: the Principal and the Intermediary define the contractual relations differently than described in the general terms and conditions, then the provisions of the contract apply.

Article 3

With the real estate brokerage contract, the broker undertakes to perform in particular the following:

Try to find and contact a person with the client in order to conclude a brokered deal
Familiarize the client with the average market price of a similar property
Obtain and inspect documents proving ownership or other real right to the real estate in question
Perform the necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner, and perform all other actions agreed in the real estate brokerage agreement that exceed the usual presentation, for which he is entitled to special, pre-stated costs
Enable real estate review
Mediate in negotiations and try to reach an agreement, if he has specifically committed to it
Keep personal data of the principal and, upon written order of the principal, keep as a business secret data on the real estate for which he mediates or in connection with that real estate, or with the business for which he mediates, if the subject of the contract is land, check the purpose of the subject land in accordance with spatial planning related to that land, inform the client of all circumstances relevant to the intended work that are known to him or must be known to him. An intermediary shall be deemed to have enabled the principal to liaise with another person to negotiate a contract, if the principal has been allowed to enter into a relationship with another person (natural or legal) with whom he has negotiated a legal transaction, in particular the principal or a third party to inspect the real estate in question, organized a meeting between the principal and the other contracting person for the purpose of negotiating the conclusion of a legal transaction; communicated to the principal the name, telephone number, fax number of another person authorized to enter into a legal transaction or communicated to him the exact location of the requested real estate.

Article 4

The mediator is obliged to keep as a business secret all information that he learns while performing mediation activities, and relate to the client, the real estate for which he mediates or is related to that real estate or to the business for which he mediates or concludes on the basis of special authority. If he violates his obligation to keep business secrets, the mediator is obliged to compensate the injured parties for the damage they have suffered due to the disclosure or non-preservation of business secrets. It is not considered that the duty of professional secrecy has been violated if it discloses information for the protection of intermediaries to persons with whom it seeks to contact the client, which was essential for the agency to fulfill its obligation under the mediation contract concluded with the principal.

Article 5

By the real estate brokerage contract, the client undertakes to perform in particular the following:
Inform the broker about all circumstances that are important for the mediation and present 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
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
Provide a broker or a third party interested in concluding the brokered deal to inspect the property.
Inform the broker of all relevant information about the requested property, which in particular includes a description of the property and the price
After concluding the mediated legal transaction, ie the pre-agreement with which he undertook to enter into the mediated legal deal, if the mediator and the principal have 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
If it is expressly agreed to reimburse the mediator for expenses incurred during the mediation that exceed the usual mediation costs
Inform the broker in writing of all changes related to the business for which he has authorized the broker, and in particular of changes related to the ownership of real estate.
The ordering party is not obliged to enter into negotiations for concluding an intermediary deal with a third party found by the intermediary, nor to conclude a legal deal, and the provision of the contract which agreed otherwise is null and void. The client will be liable to the mediator for damages, if he did not act in good faith and is obliged to reimburse all costs incurred during the mediation, which may not be less than 1/3 nor greater than the agreed brokerage fee for the mediated work.


Article 6

The intermediary is entitled to an intermediary fee for the mediation performed during the purchase, exchange, lease or rental of real estate. The mediator is obliged to charge a fee determined by the mediation contract for his work. The intermediary may also charge a fee from the principal on the basis of a business cooperation agreement. The amount of the brokerage fee is freely determined by the real estate brokerage contract. The fee is charged at the time of signing the contract or pre-contract for the purchase or exchange of real estate or upon receipt of a down payment with a signature. The fee is without VAT. After the termination of the mediation contract, the mediator is entitled to compensation within 12 months unless otherwise agreed in the contract and in cases where the client concludes a legal transaction with a third party as a result of the mediator's actions before the termination of the mediation contract.
Article 7

If the party itself offers the mediator a fee higher than agreed, the mediator may receive such a reward, but provided that it is not in obvious disproportion to his services, with the outcome of his work and the financial situation of the party.

Article 8

The intermediary may contract the right to reimbursement of the costs necessary for the execution of the order and request that funds be advanced to him in advance for certain expenses for costs.

Article 9

The intermediary may exceptionally represent and conclude the mediated contract in the name and on behalf of the principal, only if the principal has issued a special power of attorney.

Article 10

In the case of mediation, in which the client party alone or through a third party has found an interested person, the mediator may, in accordance with his conscience, charge the actual costs incurred in connection with the business in question.

Article 11

The mediation contract is concluded for a period of 12 months and is extended for 12 months if the contracting parties have not expressed in writing or orally the will to terminate it. The mediation contract terminates with its fulfillment. The brokerage agreement also terminates if one party has notified the other in writing that it is not satisfied with the quality of cooperation with the other party, stating objective reasons for dissatisfaction, ie non-fulfillment of obligations under the brokerage agreement or General Terms and Conditions. The ordering party and the intermediary may also conclude an exclusive intermediary contract, ie a contract under which the intermediary has the exclusive representation of the ordering party, without the right for the ordering party to simultaneously conclude an intermediary contract with another intermediary. If during the term of the contract on exclusive mediation the principal concluded a legal transaction through the intermediary through another intermediary, and for which the exclusive intermediary was given a mediation order, he is obliged to pay the exclusive intermediary the agreed mediation fee and possible additional actual costs incurred during mediation. mediated business. The client is obliged to inform the broker in writing within 7 (seven) days about the change in the condition of the real estate for which he is brokering. The principal is obliged to reimburse the intermediary, if he gives up the sale without objective reason, to reimburse the costs incurred in connection with the business in question. If, within 12 months after the termination of the brokerage contract, the principal concludes a legal transaction as a result 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.

Article 12

These business conditions are valid from January 8, 2021. For all other relations that are not determined by these General Terms and Conditions or the brokerage contract, the provisions of the Real Estate Brokerage Act and the Law on Obligations shall apply. In the event of a dispute arising between the contracting parties, which could not be resolved amicably, the Municipal Court in Zadar shall have jurisdiction, unless otherwise agreed.

Vir, 08.01.2021. years