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General Terms and Conditions
Based on Article 18 of the Real Estate Mediation Act ("Official Gazette" No. 107/07, 144/12, 14/14, 32/19), Vidra – a real estate, trade, and transport business, located in Jastrebarsko 10450, Antuna Mihanovića Street 14, 1st Floor, OIB: 27040226528, represented by the owner Dražen Stunja, residing in Jastrebarsko 10450, Okićko Naselje 24, OIB: 27040226528, hereby issues the following:
GENERAL TERMS AND CONDITIONS OF BUSINESS
GENERAL PROVISIONS
Article 1.
1.1. These General Terms and Conditions of Business for real estate mediation (hereinafter referred to as: General Terms) govern the business relationship between the real estate agency (hereinafter referred to as: Mediator) and the individual or legal entity that enters into a written agreement with the Mediator for mediation in the purchase, sale, exchange, lease, or rental of real estate (hereinafter referred to as: Principal).
1.2. By entering into the Real Estate Mediation Agreement (hereinafter referred to as: Mediation Agreement), the Principal confirms that they are familiar with and agree to the provisions of these General Terms and accept them in full.
Article 2.
2.1. The individual terms and definitions used in these General Terms have the following meanings:
• Real Estate Mediator is the real estate agency Vidra – a business for real estate, trade, and transport, located in Jastrebarsko 10450, Antuna Mihanovića Street 14, 1st Floor, OIB: 27040226528, represented by the owner Dražen Stunja, residing in Jastrebarsko 10450, Okićko Naselje 24, OIB: 27040226528, which, as a business, fulfills the conditions for real estate mediation as set out by the Real Estate Mediation Act (hereinafter referred to as: Mediator).
• Real Estate Mediation Agent is an individual who is registered in the Register of Real Estate Mediation Agents and is employed by the Mediator or cooperates with the Mediator based on a business cooperation agreement (hereinafter referred to as: Agent).
• Real Estate Mediation refers to the actions of the mediator in real estate transactions that involve connecting the principal with a third party, negotiating, and preparing for the conclusion of legal transactions concerning a specific property, particularly in cases of purchase, sale, exchange, lease, rental, and others.
• Real Estate refers to land parcels, along with everything permanently attached to the land on the surface or beneath it, in accordance with the provisions of the general law on ownership and other real rights.
• Principal is an individual or legal entity that enters into a written agreement with the Mediator for real estate mediation (seller, buyer, tenant, landlord, lessor, lessee, and other possible participants in real estate transactions – hereinafter referred to as: Principal).
• Third Party is an individual whom the Mediator seeks to connect with the Principal for negotiations regarding the conclusion of legal transactions concerning a specific property, regardless of whether the Mediator also has a mediation agreement with the third party (hereinafter referred to as: Third Party).
• Mediation Fee is the amount the Principal is obligated to pay the Mediator for the provided mediation services.
ABOUT THE GENERAL TERMS AND CONDITIONS OF BUSINESS
Article 3.
3.1. The General Terms and Conditions are available at the Mediator's headquarters and offices, as well as on the Mediator's website www.nekretnine-vidra.hr.
3.2. The General Terms and Conditions apply to the Principals in conjunction with the individually signed Mediation Agreements and form an integral part of these agreements.
3.3. If the provisions of the Mediation Agreement differ from the General Terms and Conditions, the provisions of the Mediation Agreement shall apply.
OFFER
Article 4.
4.1. The Mediator's real estate offer is based on the information received in writing, electronically, and/or orally from the owners of the properties offered for sale, lease, or rental, as well as from the data contained in the written, electronic, and/or oral instructions from the Principal.
4.2. The Principal is obligated to provide the Mediator with complete and accurate information, as well as valid and truthful documents related to the quality, legality, ownership, and other real rights related to the property being mediated, and is fully responsible for the truthfulness and accuracy of all information about the property, as well as the personal data provided to the Mediator in connection with the legal transaction for which the Mediator is mediating.
4.3. The Principal acknowledges and accepts that any responsibility arising from or resulting from a violation of the provisions of the previous paragraph lies exclusively with the Principal.
4.4. The offer and/or information about the properties are considered confirmed upon the signing of the Mediation Agreement between the Principal and the Mediator.
4.5. The Principal acknowledges that there is a possibility of error in the description and price of the property, the possibility that the advertised property has already been sold, rented, or that the property owner has withdrawn from the sale, and that the Mediator is not responsible for such cases.
4.6. The Principal must keep the offers and notices from the Mediator as a business secret and may only disclose them to a third party with the Mediator's written consent.
4.7. If the Principal is already familiar with the properties offered, they are obligated to notify the Mediator in writing (via email, fax, registered letter, etc.) without delay, and no later than 24 (twenty-four) hours. Otherwise, it will be assumed that the Principal agrees with the offered properties.
Brought the Principal into connection with the relevant property or Third Party, and the Principal is fully obligated to fulfill the contractual obligations to the Mediator.
PROPERTY PRICE
Article 5.
5.1. The prices of the properties are stated in euros, or in the official currency of the Republic of Croatia.
REAL ESTATE MEDIATION AGREEMENT
Article 6.
6.1. Under the Mediation Agreement, the Mediator is obligated to seek and connect the Principal with a Third Party for negotiations and the conclusion of a legal transaction concerning the transfer or establishment of a specific right on or related to the property, and the Principal is obligated to pay the Mediator a specified mediation fee if this legal transaction is concluded. The term "concluded legal transaction" also includes the signing of a preliminary agreement in which the parties commit to concluding the main agreement regarding the transfer or establishment of a specific right on or related to the property.
6.2. The Mediation Agreement is concluded in writing and for a specified period. If the parties do not agree on the duration of the agreement within the Mediation Agreement itself, the agreement is considered concluded for a fixed period of 12 months from the date of its conclusion.
Article 7.
7.1. The mediation order can be given to the Mediator verbally, and in such and similar cases, all provisions of the applicable General Terms, Price List, the Real Estate Mediation Act, and the Obligations Act shall apply.
7.2. The Mediator may, based on the explicit verbal order from the Principal, perform the service of advertising the property on their website and register it in the mediation log. If a potential opposing party shows interest in the property, the Mediator will notify the Principal. If the Principal refuses to sign the Mediation Agreement, the Mediator is not obligated to connect the potential opposing party with the Principal. In this case, the Mediator may arrange for the mediation fee to be paid entirely by the opposing party.
7.3. The Mediator is in no way liable if, during or after the conclusion of a written Mediation Agreement with the Principal, the potential other contracting party decides not to proceed with the agreement for which mediation was provided.
Article 8.
8.1. In the case of the sale of a property that is co-owned by multiple individuals, it is required that all co-owners or an authorized representative of all co-owners, on behalf of and for the account of the co-owners, sign the Mediation Agreement with the Mediator.
8.2. The authorized representative mentioned in paragraph 1 of this article must be specifically authorized to sign the Mediation Agreement based on a special power of attorney notarized by a public notary.
Article 9.
9.1. A Mediation Agreement concluded for a fixed term terminates upon the expiration of the term for which it was concluded if no legal transaction has been concluded during that period, or by written termination by either of the contracting parties with a notice period of 30 (thirty) days.
9.2. The Principal may terminate the Mediation Agreement, provided that the termination is not contrary to the principles of good faith and fairness and does not occur at an inappropriate time with the intention of depriving the Mediator of their rights or intentionally harming the right to a fee.
9.3. In the event of termination of the Mediation Agreement for the reason indicated in paragraph 1 of this article, the Principal is obligated to reimburse the Mediator for any costs incurred for which it was explicitly agreed that the Principal would pay separately.
9.4. If, within 12 months after the termination of the Mediation Agreement, the Principal concludes a legal transaction that is a result of the Mediator’s actions before the termination of the Mediation Agreement, the Principal is obligated to pay the full mediation fee to the Mediator, unless otherwise agreed in the Mediation Agreement.
EXCLUSIVE MEDIATION
Article 10.
10.1. Under the Mediation Agreement, the Principal may agree not to engage any other mediator for the mediated legal transaction, which obligation must be explicitly agreed upon (hereinafter referred to as: Exclusive Mediation Agreement).
10.2. When concluding an Exclusive Mediation Agreement, the Mediator is obligated to specifically inform the Principal about the meaning and legal consequences of this clause.
10.3. If, during the term of the Exclusive Mediation Agreement, the Principal concludes a legal transaction through another mediator, while the exclusive Mediator was given an order to mediate for the same transaction, the Principal is obligated to pay the agreed fee to the exclusive Mediator, as well as the actual costs incurred during the mediation for the specified transaction.
10.4. If the Exclusive Mediation Agreement provides for it, the Principal is obligated to pay the agreed fee/penalty to the Mediator, as well as the actual costs incurred during the mediation, even if the Principal independently concludes a legal transaction with a third party during the term of the Mediation Agreement.
10.5. When concluding an Exclusive Mediation Agreement, the Mediator is obligated to specifically inform the Principal about the meaning and legal consequences of this clause.
10.6. An Exclusive Mediation Agreement concluded for a fixed term terminates upon the expiration of the term for which it was concluded, if no legal transaction has been concluded during that period, or by termination by either of the contracting parties according to the provisions of the concluded Exclusive Mediation Agreement.
10.7. The provisions of Article 9.3. and 9.4. of these General Terms apply to the Exclusive Mediation Agreement as well.
Obligations of the Mediator
Article 11.
11.1. The Mediator is obligated, during mediation for the conclusion of a purchase agreement, lease agreement, or rental agreement for a property, to specifically do the following:
1. Make efforts to find and connect the Principal with a Third Party for the conclusion of the mediated transaction;
2. Inform the Principal about the average market price of a similar property;
3. Obtain and review the documents that prove ownership or other real rights related to the property in question;
4. Perform the necessary actions to present the property on the market, advertise the property in an appropriate manner, and carry out all other actions resulting from the Agreement, which go beyond the usual presentation and for which the Mediator is entitled to a separate fee according to the previously stated costs;
5. Allow viewing of the property;
6. Mediate in negotiations and strive to bring about the conclusion of the agreement, if specifically obligated to do so;
7. Protect the Principal's personal data and, upon the Principal's written order, keep information about the property being mediated or the related business transaction as a business secret;
8. If the subject of the agreement is land, verify the intended use of the land in accordance with spatial planning regulations relevant to that land;
9. Inform the Principal about all circumstances important for the intended transaction that are known to the Mediator or should be known to them;
10. Draft the purchase agreement in cooperation with the law office with which the Mediator has a business cooperation agreement, and bear the costs of notarizing the signature on the purchase agreement at the public notary (this applies only to purchase legal transactions);
11. Inform the Principal about the provisions of the Law on the Prevention of Money Laundering and Terrorist Financing ("Official Gazette" no. 108/17, 39/19, 151/22).
11.2. The Mediator can fulfill their obligations through another person who is a business partner of the Mediator, an employee of the Mediator, or an employee of another entity connected to the Mediator in any way. The Mediator is authorized to contact and cooperate with other real estate agents for the purpose of fulfilling the Principal's order.
Article 12.
12.1. In addition to the obligations under Article 11 of these General Terms, the Mediator agrees, at the Principal's request and in cooperation with the law office with which the Mediator cooperates, to carry out the following:
1. Draft the Preliminary Agreement for the legal transaction for which the Mediation Agreement has been concluded;
2. Perform the registration of ownership rights in the land register of the competent land registry court and other public registries;
3. Register the Principal as a new user of services with the utility service provider companies.
12.2. In the case described in paragraph 1 of this Article, the Principal is obligated to sign a power of attorney for legal representation with the law office with which the Mediator has concluded a business cooperation agreement, in the necessary number of copies for the execution of the requested additional actions.
Obligations of the Principal
Article 13.
13.1. By signing the Mediation Agreement with the Mediator, the Principal assumes the following obligations:
1. To inform the Mediator about all circumstances that are important for mediation, provide accurate information about the property, and if the Principal possesses a location, building, or use permit for the property, provide the Mediator with copies of those documents for inspection, as well as evidence of meeting obligations to third parties;
2. To provide the Mediator with copies of documents proving their ownership of the property, or other real rights related to the property being mediated, and to inform the Mediator of any encumbrances, whether registered or unregistered, that exist on the property;
3. To ensure the Mediator and the Third Party interested in concluding the mediated transaction can inspect the property;
4. To inform the Mediator of all essential details about the requested property, including a description of the property and its price;
5. To pay the Mediator’s fee at the same time as signing the preliminary or main agreement, unless another method of payment (e.g., installment) has been agreed in the Mediation Agreement;
6. To reimburse the Mediator for expenses incurred during the mediation that go beyond usual mediation costs;
7. To notify the Mediator in writing about any changes related to the transaction for which the Mediator has been authorized, particularly about changes in property ownership;
8. In the event of any claims by Third Parties against the Mediator for damages related to information or content provided by the Principal or published by the Mediator based on the Principal’s data or documents, the Principal assumes full legal responsibility and is obligated to take the necessary actions to defend and protect the Mediator from such claims, and in the case of failure to do so, the Principal is obliged to compensate the Mediator for any damages that may arise due to such Third Party claims;
9. To provide the Mediator with the required data and materials for publication on the Mediator’s website in the prescribed formats and, if the property is published, to review and notify the Mediator of any objections in writing within 5 days of publication. If the Principal fails to fulfill this obligation, the published content is considered approved in its entirety;
10. To respond to all calls and inquiries from the Mediator related to the provision of services, cooperate, and not obstruct the service’s execution.
13.2. The Principal is not obligated to engage in negotiations for the conclusion of the mediated transaction with the Third Party found by the Mediator, nor to conclude the legal transaction. However, the Principal will be liable to the Mediator for damages if they act in bad faith, and in such case, the Principal must compensate all costs incurred during mediation, which cannot be less than one-third nor greater than the agreed Mediator’s fee.
13.3. The Principal will be liable for damages if they act fraudulently, conceal or provide inaccurate information essential for the mediation process to conclude the mediated transaction, especially if they fail to disclose that the property involved in the Mediation Agreement is marital or extramarital property.
Mediation Fee
Article 14.
14.1. The amount of the mediation fee is determined by the Mediation Agreement. The agreed mediation fee includes the execution of all actions by the Mediator outlined in Article 11 of these General Terms.
14.2. In the case of performing actions not covered by Article 11 of these General Terms, particularly the actions described in Article 12, the Principal is required to pay an additional fee for those actions, which amounts to 50 EUR (fifty euros) per commenced hour, as well as reimburse the actual costs incurred in performing these actions.
14.3. In the case of performing actions not covered by Article 11 of these General Terms, particularly the actions described in Article 12, the Principal is also obligated to pay court, administrative, and other fees related to the registration of ownership rights, notarization of signatures on the agreement/preliminary agreement (except in the case referred to in Article 11.1, item 10), or the transfer of utility services.
14.4. The Mediator is obligated to specifically and explicitly inform the Principal about the fee mentioned in paragraph 2 of this article, as well as about the obligation to pay the fees outlined in paragraph 3, when informing the Principal of the possibility of providing additional services described in Article 12 of these General Terms.
14.5. VAT will be applied to all fees and costs.
Article 15.
15.1. If the concluded legal transaction includes the signing of a preliminary agreement whereby the Principal and the Third Party are obligated to conclude the main agreement regarding the property being mediated, and the preliminary agreement provides for the payment of a deposit and/or part of the agreed purchase price before the main purchase agreement is concluded, the Principal is obligated to pay the mediation fee to the Mediator in two equal parts. The first part is due on the day of the payment of the deposit and/or part of the agreed purchase price, and the second part is due on the day the main agreement is signed, or on the day the deadline for concluding the main agreement specified in the preliminary agreement expires.
15.2. If the concluded legal transaction involves the signing of a preliminary agreement by which the Principal and the Third Party agree to conclude the main agreement concerning the property being mediated, but...
15.2. If the concluded legal transaction involves only the signing of the main contract regarding the property being mediated and the contract stipulates the payment of a deposit and/or the agreed purchase price in installments, the Principal is obligated to pay the mediation fee to the Mediator in two equal parts. The first part is due on the day of payment of the deposit and/or the first installment of the agreed purchase price, and the second part is due on the day of the payment of the full agreed purchase price, or on the day the deadline for the payment of the agreed purchase price set by the main agreement expires.
15.3. If the concluded legal transaction includes only the signing of the main contract regarding the property being mediated, and the contract stipulates a one-time payment of the agreed purchase price, the Principal is obligated to pay the mediation fee to the Mediator on the day the full agreed purchase price is paid, or on the day the deadline for the payment of the agreed purchase price set by the main agreement expires.
15.4. Withdrawal by the Principal or the Third Party with whom the Principal has concluded a preliminary agreement in connection with the property being mediated, or withdrawal by the Principal or the person with whom the Principal has concluded an agreement concerning the property being mediated, from fulfilling the concluded agreement, does not affect the Principal’s obligation to pay the Mediator’s fee as determined in these General Terms and the concluded Mediation Agreement.
15.5. The Principal is obligated to pay the mediation fee even if they have concluded a legal transaction with a Third Party whom the Mediator introduced or connected them with, but which is different from the transaction originally mediated, provided that the transaction achieves the same purpose as the mediated transaction or involves a property that is the subject of the mediation (for example, but not exclusively: a purchase agreement, any other legal transaction resulting in the change of ownership of the property, a business share transfer agreement, debt purchase, a donation agreement, etc.). In such cases, the mediation fee will be calculated based on the total monetary value of the concluded legal transaction.
Article 16.
16.1. The Mediator is considered to have enabled the Principal to connect with a Third Party if, for example, the Mediator has:
• Directly led or directed the Principal to view the property in question;
• Organized a meeting between the Principal and the Third Contracting Party to negotiate the conclusion of a legal transaction;
• Provided the Principal with the name, surname, or company, telephone number, fax number, email address of the Third Party authorized to conclude the legal transaction, or provided the exact location of the requested property.
This section defines the various ways in which the mediator can facilitate the connection between the principal and the third party for the purposes of completing a legal transaction related to the property being mediated.
16.2. After the termination of the Mediation Agreement, the Mediator is entitled to a fee for up to 12 (twelve) months in cases where the Principal concludes a legal transaction with a Third Party that is a consequence of the Mediator’s actions before the termination of the Mediation Agreement.
16.3. If the Principal withdraws during the conclusion of the mediated transaction (after the Mediator has provided an acceptable offer, or an offer equal to or greater than the requested price in the mediation agreement/exclusive mediation agreement), the Principal is obligated to compensate the Mediator for all damages if they have not acted in good faith, and is also required to reimburse the Mediator for all costs incurred during the mediation, which cannot be less than 1/3 nor greater than the agreed mediation fee.
16.4. The Principal is obliged to pay the Mediator's Fee even if the contract for the mediated legal transaction is concluded with the Principal, or if the purchase price, rent, or lease price is paid by any physical or legal person connected by marriage, extramarital union, or kinship, membership, management, or in any other way with the third person, buyer, seller, lessor, lessee, or renter that the Mediator has introduced to the Principal for the purpose of concluding the purchase agreement or any other mediated transaction, regardless of whether this connected person directly participated in the negotiations for concluding the purchase agreement or any other mediated transaction.
16.5. The Mediator is also entitled to the Fee if the Principal disposes of the property subject to mediation in any manner with one of the persons referred to in the previous paragraph, and that person, after such disposal, concludes the mediated legal transaction or any transaction that achieves the same purpose as the mediated transaction with a Third Party or one of the persons connected to the Third Party as mentioned in the previous paragraph.
Article 17.
17.1. If the Mediator violates their obligation to maintain business confidentiality, the Mediator is obligated to compensate the damaged parties for the actual damages they have suffered due to the disclosure and failure to protect the business secret. It is not considered a violation of the duty to maintain business confidentiality if the Mediator discloses the data they are obliged to keep as a business secret in case of transferring the Mediation Agreement to another mediator. It is also not considered a violation of business confidentiality if the Mediator discloses such information to other mediators with whom they collaborate or to individuals with whom they are attempting to connect the Principal.
17.2. If the Principal concludes a legal transaction for which mediation was agreed or a different legal transaction that has the same value as the mediated transaction or achieves the same purpose as the mediated transaction, during the term of the mediation agreement or within 12 months (twelve months) after its termination, with the person introduced to them by the Mediator, with the aim of avoiding the payment of the mediation fee, it is considered a breach of contractual obligations and grounds for the termination of the Mediation Agreement. In this case, the Principal is obligated to pay the Mediator, in addition to the costs equal to the commission, a contractual penalty in the amount of the agreed mediation fee, which is due on the day...
This section discusses the conditions under which the Principal remains obligated to pay the mediation fee even if they enter into a transaction outside of the initially mediated one, as well as the penalties associated with breaches of confidentiality or contract terms.
17.3. If the Principal, contrary to the principle of good faith and fairness, enters into negotiations with a Third Party without the genuine intention to conclude a contract with that party, this is considered a substantial breach of contractual obligations and grounds for termination of the Mediation Agreement. In such a case, the Principal is required to compensate the Mediator for the actual damage incurred and pay a contractual penalty in the amount of the agreed commission, which is due on the day of termination of the agreement.
17.4. The Principal is responsible for any damage if they act fraudulently or conceal and/or provide incorrect information that is essential for the mediation process, and they knew or should have known this. The Principal is also responsible for damage in the case of gross negligence on their part, towards the Mediator and/or the third party with whom the Mediator has connected them. The described cases are grounds for the termination of the agreement, and in such cases, the Principal must pay the Mediator a contractual penalty in the amount of the mediation fee, which is due on the day of the termination of the Mediation Agreement.
17.5. In the case that the Mediator reaches an agreement with a Third Party regarding the mediated legal transaction, which the Principal has agreed to, and the Principal, after completing the negotiations, withdraws from concluding the legal transaction without a valid reason or changes essential conditions of the contract being mediated, thereby preventing the conclusion of the legal transaction, this is considered grounds for termination of the Mediation Agreement. In this case, the Principal is obligated to pay the Mediator a contractual penalty in the amount of the mediation fee, which is due on the day of termination of the Mediation Agreement.
Final Provisions
Article 18.
18.1. The Mediator reserves the right to update or amend the General Terms and Conditions at any time without prior notice.
18.2. In the case of updates or changes to the terms and conditions, the Principal will be subject to the General Terms and Conditions in effect at the time of entering into the Mediation Agreement.
Article 19.
19.1. For relations between the Mediator, the Principal, and Third Parties that are not regulated by these General Terms and Conditions or the Mediation Agreement, the provisions of the Real Estate Mediation Act, the Obligations Act, and other valid legal regulations of the Republic of Croatia will apply.
19.2. Any disputes between the Mediator and the Principal will be resolved amicably; if not, the competent court in Zagreb will have territorial jurisdiction.
Article 20.
20.1. The General Terms and Conditions of business have been in effect since 2006.
VIDRA – Real Estate, Trade, and Transport Business
Owner: Dražen Stunja