General terms and conditions

I

Meaning of terms in General terms.

Particular terms in these General terms have the following meaning:

1. Mediator in real estate transfer is Basilica Nekretnine d.o.o. for real estate transfer, 10000 Zagreb, Bosanska 5, company fulfilling conditions to mediate in real estate transfers determined by Law on Mediation in Real Estate (in further text: Mediator).

2. Agent doing mediation in real estate transfer is a physical person enlisted in Real Estate Transfer Agent Phonebook and as such, is employed with the Mediator (in further text: Agent)

3. Mediation in real estate transfer consists of Agent actions related to connecting the client and 3rd party, negotiation and preparation for legal actions directed at specific real estate, especially during purchase, sales, rent, lease etc.

4. Client is a physical or legal person who is making a written contract with the Agent regarding mediation (seller, buyer, lessor, lessee, renter, rent taker and other possible parties in real estate transfer – in further text: Client).

5. 3rd party is physical or legal person which mediator is trying to connect with the Client to negotiate legal deals, aim of which is a real estate (in further text: 3rd party).

II

Offer

Mediators offer is based on data received by writing and/or verbally from the owner of a real estate being sold, rented, leased or substituted, as well as on data contained in written or verbal orders of a Client.
Mediator is not responsible in case a mistake in description or real estate price occurs, neither is he responsible in case the owner of a real estate withdraws from conducting a legal deal.


III

Contract of the real estate transfer

By having Contract of the real estate transfer (in further text: Contract), Mediator is obliged to try and find a way to connect the Client with 3rd party with the aim of negotiation and conducting legal business regarding transfer or founding certain rights on the real estate and Client is obliged to pay the Mediator certain mediating fee (in further text: Fee) if this legal deal is made.
Contract is being made in written form on specified time.
If contracted parties don’t agree on the specified time frame of the Contract, Contract is considered to be made for a period of 12 months from the day it was signed by all parties and can be prolonged multiple times if parties agree on such a deal.

IV

Contract termination

Contract made on specified time is terminated by that time expiration if during the expiration period another contract for which mediation happened wasn’t made or some of parties decided to terminate.
Client is obliged to compensate the Mediator for costs incurred, if it was specifically agreed that the Client will pay for them.
If in a period, not longer than the length defined by Contract, Client makes a legal deal which is mostly a consequence of Mediators work before the Contract expired, he is obliged to pay mediating fee in whole, unless it was differently defined by the Contract.

V

Exclusive mediation

Client can commit that for business of mediating, he will not hire no other mediator (exclusive mediation), which must be specified by the Contract.
If for the duration of Contract of exclusive mediation, Client hired another mediator and concurred legal business through that party, he is obliged to pay the Mediator agreed upon Fee for mediating plus all additional costs that occurred (if those were specified by the Contract). If the Fee value wasn’t determined, Client is obliged to pay the Mediator all costs that occurred during mediating, which cannot be higher than the original Fee for mediated deal.
During closing the Exclusive mediation contract, Mediator is obliged to warn the Client on the meaning and legal consequences of this clause.
Exclusive mediation contract made on limited time frame, terminates at the deadline on which is was made, if in that time another contract has been made for which it was mediated or termination by any of involved parties, according to regulations of Contract for exclusive mediation.
Client is obliged to compensate the Mediator for any costs that occurred, and for which it was agreed in the Contract that the Client will pay for.
If until the deadline, not longer than the period of time defined in Exclusive mediation contract, Client makes a legal deal which is mostly a consequence of Mediators work, it is his obligation to pay the Mediator his Fee in whole, unless it was differently agreed in the Contract.

VI

Mediator’s obligations

Mediator is obliged during mediating for purchase contract, rent contract or contract on real estate lease to do the following:
1. Try to find physical or legal person to connect her with the Client in order to conduct mediating business.
2. Introduce the Client with the market price of a similar real estate.
3. Inspect identification and documents which prove ownership or other legal right concerning the real estate and warn the Client about the following:
- obvious faults and possible risks regarding documentation for Land Registry and other land related documents
- actual legal rights or other rights of 3rd parties, related to the real estate
- legal consequences of not fulfilling obligations towards 3rd parties
- flaws in build and usage permits according to specific law
- circumstances and limitations in legal real estate transfer according to special regulations
4. Do necessary actions to present the real estate on the market, advertise the real estate properly and conduct all other actions agreed in the Contract which surpass regular presentation and for which the costs were presented to the Client in advance.
5. Enable overview of the real estates.
6. Mediate in negotiations and try to come to the outcome that is signing of a contract, if this was his primary obligation.
7. Keep Clients personal data and by written order, consider all information regarding the real estate in question and all related to it information as a secret.
8. If the subject to conclusion of the contract is a land, to check purpose of the land in question in accordance with zoning regulations.
9. Notify the Client on all circumstances important for intended business, that are or should be known to him.
10. Introduce the Client with the Law on Prevention of Money Laundering and Financing of Terrorism (NN 87/08).

VII

Client’s obligations

By making a Contract with the Mediator, Client is obliged to the following:
1. To notify the Mediator on all circumstances important to mediate and give correct information about the real estate and if the Client owns it, give the Mediator location permit, building permit or usage permit for review, for the real estate in question and also give the Mediator evidence of completing obligations towards the 3rd party.
2. Give the Mediator access to identification proving his ownership of the real estate or other legal rights on the real estate in question and warn the Mediator on all registered and unregistered impositions which exist on the real estate.
3. Insure real estate sightseeing for the Mediator and interested 3rd party.
4. Notify the Mediator on all relevant information regarding real estate in question which specifically includes real estate description and price.
5. Pay the Mediators Fee with the time of making preliminary contract or Contract.
6. Compensate the Mediator for all the costs made during mediating and that surpass the usual costs of mediating.
7. Notify the Mediator in written way regarding all changes related to business for which he authorized the Mediator and especially about the changes related to the ownership of the real estate.
Client isn’t obliged to participate in negotiation for making a deal with 3rd party which the Mediator has found, or to make a legal deal. Client will be held responsible for the damage if his approach wasn’t in good faith and is obliged to compensate all expenses occurred during mediating, which cannot be higher than agreed upon Fee.
Client will be held responsible for the damage if he acted fraudulently, if he withheld or gave incorrect information which are crucial for mediating business aimed at concluding a deal.

VIII

Mediator’s fee

The Fee is determined by the Contract and cannot surpass 6% of real estate purchase price, apropos, in case of making a contract for rent or lease, the amount of one month’s rent or lease unless the lease or rent contract is conducted for a period of 60 months (5 years) or longer, in which case mediators Fee is minimum 150% of one month’s rent or lease.
Agreed mediators Fee includes execution of all agreed actions by the Mediator, as stated in Article 6 of General terms.
In case of actions not included in Article 6, based on Clients request, sum for one mediating hour is 350,00 kn (by letters: three hundred and fifty kunas).
In case of actions not included in Article 6, based on Clients request, besides the mediating hours, the Client needs to compensate the Mediator for the actual costs that occurred during those hours.
On all amounts VAT is being additionally calculated.
Mediator obtains the right for the Fee at the same time legal business for which he mediated is concluded, during whose conclusion is also considered concluded the preliminary contract Client and 3rd party made (be it for purchase, rent, substitution, lease or some other business regarding the real estate in question).
Client is obliged to pay Mediator the Fee if the Client concluded, non related to original Contract, business with the 3rd party with which the Mediator got the Client connected to, if by concluding that business the same purpose is being fulfilled as stated in the Contract.

It is considered that the Mediator enabled the Client getting connected to 3rd party if the Mediator:
- took or pointed the Client towards the sightseeing of the real estate in question
- organized a meeting between Client and 3rd party to negotiate a legal business
- gave the Client a name, phone number, telefax, email address of 3rd party authorized to make a business deal or gave him the exact location of wanted real estate
After the Contract seizes to exist, Mediator is entitled for a Fee, in time frame no longer than the time of made Contract and in cases when the Client makes a deal with 3rd party, which is mostly a consequence of Mediators actions before Contract stopped being valid.
If the Client gives up during conclusion of business deal (after the Mediator delivered him acceptable offer), he is obliged to pay the Mediator the agreed upon Fee.
Client is obliged to pay Mediators Fee also in case that the contract for brokered legal transaction is made, and purchase price, rent or lease paid, by any physical or legal person by marital, non-marital, kindred, through membership, administrative chain of command or any other way, connection to 3rd party, buyer, seller, renter, tenant, lessor, lessee, which the Mediator connected to the Client with the purpose of making purchase contract or any other mediating work, regardless if this related person participated him/herself in negotiations regarding purchase agreement making or any other mediating work.

IX

Final provisions

For everything not clearly determined by this General terms, The Law on Mediation in Real Estate, Law on Obligatory Relations and other law regulations will be applied.

General terms are being applied starting 10th of April 2009.

Zagreb, April 10th 2009

Basilica nekretnine, a limited liability company for trade and services of real estate, OIB: 25875979925, 10000 Zagreb, Bosanska 5

N O T I C E

According to Article 8, Consumer Protection Law (NN 96/03, NN 79/07, NN 125/07, NN 79/09, NN 89/09, NN 78/12) Basilica nekretnine, a limited liability company for trade and services of real estate, OIB: 25875979925, 10000 Zagreb, Bosanska 5, is enabling its clients the possibility of issuing a complaint.
Users of mediating services can issue the claim personally in company headquarters or through registered mail with return receipt.
Your complaint will be answered to latest in 15 days period.

Basilica nekretnine d.o.o
Dir. Ines Piskač


LIST OF FEES FOR MEDIATION:

I BUYING AND SELLING
Maximum total fee 6 %
Minimum total fee 2 %

II SALE
Fee for mediating during real estate sale (being charged from the seller)
1 – 3 %,

III PURCHASE
Fee for mediating during real estate sale (being charged from the buyer)
1 – 3 %

IV SUBSTITUTION
During real estate substitution, Fee is being charged 1-3% from each party in process of substitution and the percentage is being calculated from the real estate value which each party gained in the process.

V RENT AND LEASE
RENTING AND LEASING – fee from renter and lessor
Percentage from monthly rent
100% minimum
100% for rent or lease in duration of 12 to 59 months
150% minimum for rent or lease in duration of 60 months (5 years) or more

RENTING AND LEASING – fee from rent taker and lessee
Percentage from monthly rent
100% minimum for rent
100% minimum for lease
100% for rent or lease in duration of 12 to 59 months
150% minimum for rent or lease in duration of 60 months (5 years) or more

On all fees, VAT is additionally calculated.

Basilica nekretnine., a limited liability company for trade and services of real estate, OIB: 25875979925, 10000 Zagreb, Bosanska 5

The company is registered in the Commercial court in Zagrebu under number MBS: 80581442
Base capital is 20.000,00 kn and is paid in whole.
IBAN: HR5724840081103856413 RBA d.d.
tel: 01/3777-444, fax: 01/3777-445, mob. 095/444-4442, 095/3000-111, 095/3000-999
web: www.basilica.hr e-mail: basilica@basilica.hr