General Terms and Conditions

GENERAL TERMS AND CONDITIONS
OF T-TOMISLAV REAL ESTATE AGENCY
T-Tomislav Ltd. REAL ESTATE AGENCY is a limited liability company for real estate transactions registered in the Commercial Court Registry in Zagreb.

ARTICLE 1. GENERAL PROVISIONS

The General Terms and Conditions regulate the business relationship between the real estate intermediary agency (hereinafter: intermediary) and natural or legal persons (hereinafter: principal) who enter into a written Mediation Agreement with the intermediary.

These general conditions are an integral part of the Mediation Agreement concluded between the intermediary and the principal.

ARTICLE 2. REAL ESTATE OFFER

Our offer is based on information received in written, oral, or electronic form from the principal. There is a possibility of errors in the description and price of the property and the possibility that the advertised property has already been sold, rented, or the principal has withdrawn from the mediation. The agency is not responsible for these errors except in cases of intentional mistakes and/or grossly negligent agency operations. The agency is not responsible for errors and/or extremely negligent behavior of the principal. The principal must keep our offers and notices as a business secret and may only transfer them to a third party with our written approval. Property prices are stated in euros.

ARTICLE 3. MEDIATION AGREEMENT

Through the Mediation Agreement, the intermediary undertakes to connect the principal with a third party negotiating a legal transaction, and the principal undertakes to pay the intermediary a mediation fee if a contract regarding the property is concluded. The Mediation Agreement is concluded between the intermediary and the principal during the property tour by the agency's agent. The Mediation Agreement must accurately, truthfully, and completely specify the property data for the mediated transaction.

ARTICLE 4. INTERMEDIARY'S OBLIGATIONS

By signing the Real Estate Mediation Agreement, the intermediary undertakes to perform the following, among other things:

Endeavor to find and connect the principal with a person for negotiating the mediated transaction.
Inform the principal about the average market price of similar properties.
Verify documents proving ownership or other real rights to the property and alert the principal to obvious deficiencies and potential risks related to the property's land registry status, registered real rights, or third-party rights on the property.
Conduct necessary actions for property presentation on the market, advertise the property appropriately, and perform all other actions agreed upon in the real estate mediation agreement that exceed the usual presentation, for which the intermediary has the right to special, pre-stated costs.
Facilitate property viewing.
Mediate in negotiations and strive to conclude a purchase contract.
Maintain the principal's personal data as a business secret and data about the property or related to it or the mediated transaction.
If the subject of the contract is land, verify the purpose of the land in accordance with applicable spatial planning regulations.
Inform the principal about all relevant circumstances for the intended transaction that are known to the intermediary or should be known.
If the property does not have all the necessary documentation, the intermediary may obtain it for an additional fee from the seller.

ARTICLE 5. PRINCIPAL'S OBLIGATIONS

By signing the Real Estate Mediation Agreement, the principal undertakes to perform, among other things:

Inform the intermediary about all relevant circumstances necessary for the mediation service and provide accurate property details.
Provide the intermediary with all documents proving ownership or other real rights to the property that is the subject of the contract.
Allow the intermediary and interested third parties to view the property.
After concluding the mediated legal transaction, pay the intermediary the mediation fee.
If explicitly agreed, reimburse the intermediary for expenses incurred during mediation that exceed standard mediation costs.
Notify the intermediary in writing about any changes related to the business authorized for mediation.
The principal will be liable for damages if they have not acted in good faith.

ARTICLE 6. MEDIATION FEE

The intermediary is entitled to a mediation fee. The intermediary charges a fee determined by the Real Estate Mediation Agreement.

The mediation fee includes all costs incurred by the intermediary during the mediation process, and upon receiving the mediation fee, the intermediary forfeits the right to reimbursement for these costs. This exclusion does not apply to costs incurred when the intermediary, in agreement with the client, performs other services related to the mediated transaction beyond the usual mediation activities, for which the intermediary has the right to specific, pre-stated costs.

The agreed mediation fee does not cover court fees for registration, notary public fees for certifying signatures on documents, obtaining ownership lists, copies of cadastral plans, identification, mortgage transfers, fees for mortgage removal, certificates, and other documents related to the concluded legal transaction. The intermediary may agree to the right to reimburse necessary expenses for executing the order and request advance funds for certain expenses.

The amount of mediation commissions for completed mediation in the sale, exchange, lease, and renting of real estate is charged in accordance with the Real Estate Mediation Agreement.

The intermediary gains the right to the mediation fee in full immediately after the conclusion of the first legal act the contracting parties agree upon (preliminary agreement or purchase contract).

No VAT is charged on the fee because the agency is currently not part of the VAT system.

ARTICLE 7. ADDITIONAL REMUNERATION

If the principal offers the intermediary compensation or reward greater than agreed, the intermediary may accept it, provided that it is not conspicuously disproportionate to their services and the outcome of their work.

ARTICLE 8. INTERMEDIARY'S ENABLEMENT OF CONNECTION

The intermediary is considered to have enabled the principal to connect with a third party for negotiating the mediated transaction if the principal was facilitated to:

Directly introduce or refer the principal to a third party for viewing the property.
Organize a meeting between the principal and a third party for negotiation purposes.
Provide the principal with the name, phone number, fax, email of another person authorized to conclude the legal transaction or provide the exact location of the sought property.

ARTICLE 9. MEDIATION SERVICE PRICE LIST

The agency is obliged to charge a commission for the mediation service performed. The official price list of the intermediary complies with the Real Estate Mediation Act adopted by the Croatian Parliament on October 3, 2007. The commission for the purchase/sale service by the T-Tomislav Real Estate Agency is charged from the principal and amounts to 2% if the property is located within the city of Zagreb, and 3% if the property is located outside the city of Zagreb, calculated from the achieved property sale price.

The commission can also be charged to the buyer if agreed upon, or if the Agency has received a written or oral request for property search, ownership transfer, and fees from the buyer when the Buyer is the "Principal." T-Tomislav Real Estate reserves the right to change the amount of the mediation fee, as specifically determined by the Real Estate Mediation Agreement.
Price List for Exchange Service
The T-Tomislav Real Estate Agency's commission for exchange service amounts to the commission from Article 9, charged from each party in the exchange, calculated from the value of the property acquired through the exchange. T-Tomislav Real Estate reserves the right to change the amount of the mediation fee, as specifically determined by the Real Estate Mediation Agreement.
Price List for Lease/Rental Service
Regarding the Lease/Rental Agreement, a percentage is charged from the monthly rent amount as follows:

Commission from the lessor and lessor

75% minimum
100% for lease or rental duration of 12-59 months
150% minimum for lease or rental duration of 60 months (5 years) and more.
Commission from the lessee and tenant

75% minimum for lease
100% minimum for rental
100% for lease or rental duration of 12-59 months
150% minimum for lease or rental duration of 60 months (5 years) and more.
T-Tomislav Real Estate reserves the right to change the amount of the mediation fee, as specifically determined by the Real Estate Mediation Agreement.

ARTICLE 10. TERMINATION OF CONTRACT

The mediation contract is concluded by mutual agreement, for up to 24 months or indefinitely and terminates upon expiration or by written statement from one of the contracting parties. The principal will recognize mediation even after the contract expires if contact with a third party is established during the contract. If the principal unilaterally terminates the contract before its expiry, they must reimburse all mediation costs incurred by the intermediary within 7 (seven) days from the contract's termination, relating to advertising costs, material expenses, and others, as long as they were agreed upon and incurred.

The principal is obliged to reimburse the intermediary for incurred costs that were otherwise agreed to be separately paid.

If, within one year after the contract's termination, the principal concludes a legal transaction with a person connected by the intermediary during the contract's validity and for which the intermediary mediated, the principal must pay the intermediary the mediation fee in full, unless otherwise agreed in the contract.

ARTICLE 11. FINAL PROVISIONS

For relationships between the intermediary and the agency and other persons concerned not regulated by these General Terms or the mediation contract, the provisions of the Real Estate Mediation Act and the Law on Obligations apply.

The Municipal Civil Court in Zagreb has jurisdiction over legal disputes, unless otherwise agreed.

T-TOMISLAV d.o.o. - REAL ESTATE AGENCY, ŠUBIĆEVA 26 10000 ZAGREB OIB: 40996068254