General Terms and Conditions

Pursuant to the provisions of the Real Estate Brokerage Act (Official Gazette; 107/07, 144/12, 14/14, 32/19), the trade business Lux Adria, providing tourist agency services and real estate sales, with its registered office in Sisan, Montiron 36b, OIB: 15779562346, owned by Matej Rotim, in Pula, on 10 May 2022, hereby adopts the following General Terms and Conditions.

General Provisions

Article 1

The General Terms and Conditions (hereinafter: the Terms) of the real estate broker regulate the business relationship between the broker and a natural/legal person (hereinafter: the Client) who enters into a Real Estate Brokerage Agreement with the broker.

The Terms form an integral part of the Real Estate Brokerage Agreement concluded between the broker and the Client.

By concluding the Brokerage Agreement, the Client confirms that they are familiar with and agree to all provisions of these General Terms and Conditions, including in cases where agents of the Broker are engaged.

By accessing any part of the website (www.luxadria-immobilien), you agree to all provisions and conditions set out in these Terms. If you do not agree with all of the Terms, please do not use this website.

Definitions of Terms Used in the General Terms and Conditions

Article 2

Certain terms, within the meaning of the Real Estate Brokerage Act and these General Terms and Conditions, shall have the following meanings:

• Real estate broker means a company, sole trader, or craftsman registered to perform real estate brokerage activities, with its registered office in the territory of the Republic of Croatia. A real estate broker may also be a company, sole trader, or craftsman registered to perform real estate brokerage activities with its registered office in the territory of a contracting state of the European Economic Area.
• Real estate brokerage agent means a natural person entered in the Register of Real Estate Brokerage Agents (hereinafter: the Agent).
• Real estate brokerage refers to the activities of a real estate broker aimed at connecting the Client and a third party, as well as conducting negotiations and preparing for the conclusion of legal transactions concerning a specific property, particularly in the case of purchase, sale, exchange, lease, rental, etc.
• Real estate means parcels of land together with everything permanently attached to the land on or beneath its surface, in accordance with the general regulations governing ownership and other real rights.
• Client means a natural or legal person who enters into a written Real Estate Brokerage Agreement with the broker (seller, buyer, lessee, lessor, landlord, tenant, and other possible participants in real estate transactions).
• Third party means a person whom the real estate broker seeks to connect with the Client for the purpose of negotiating the conclusion of a legal transaction concerning a specific property.
• Real Estate Brokerage Agreement means a written document by which the broker undertakes to find and connect the Client with a person for the purpose of negotiating and concluding a specific legal transaction concerning the transfer or establishment of a certain right over real estate, and the Client undertakes to pay a brokerage fee if such legal transaction is concluded.
• Exclusive Real Estate Brokerage Agreement means a written document by which the Client undertakes not to engage any other broker for the mediated transaction. If, during the term of an exclusive brokerage agreement, the Client concludes a legal transaction through another broker for which the exclusive broker had been engaged, the Client shall be obliged to pay the agreed brokerage fee to the exclusive broker, as well as any additional actual costs incurred during the brokerage process for that transaction. When concluding an exclusive brokerage agreement, the broker is obliged to specifically inform the Client of the meaning and legal consequences of this clause.
• Brokerage fee means the amount that the Client has undertaken to pay to the broker for the brokerage services rendered.

Property Offer

Article 3

• The broker's property offer is based on information received in written or oral form and is subject to confirmation.
• The broker shall not be held liable for any possible errors in property advertisements from the offer in cases of untimely notification by the Client regarding a price reduction, withdrawal from sale/lease/rental, completed sale/lease/rental, or in cases where relevant information about the property has been withheld by the Client.
• The Client shall keep the broker's property offer and/or related information confidential and may disclose it to another natural and/or legal person only with the broker's prior written consent.
• If the Client is already familiar with the property that is the subject of the Real Estate Brokerage Agreement, the Client is obliged to inform the broker thereof without delay in writing, via email or registered mail.

Obligations of the Broker

Article 4

When concluding a Real Estate Brokerage Agreement with the Client, the broker undertakes to perform, with the due care of a prudent and conscientious professional, in particular the following:

• to endeavor to find and connect the Client with a person for the purpose of concluding the mediated transaction,
• to inform the Client of the average market price of a similar property,
• to obtain and review documentation proving ownership or other real rights over the subject property,
• to carry out the necessary actions for presenting (marketing) the property on the market, advertise the property appropriately, and perform all other activities agreed upon in the Brokerage Agreement that exceed standard presentation, for which the broker is entitled to separately specified costs agreed in advance,
• to enable property viewings,
• to mediate in negotiations and endeavor to ensure the conclusion of a preliminary agreement/contract, if specifically undertaken to do so,
• to safeguard the Client's personal data and, upon the Client's written instruction, treat as a business secret all information relating to the property or the transaction,
• if the subject of the contract is land, to verify the designated use of the land in accordance with spatial planning regulations applicable to such land,
• to inform the Client of all circumstances relevant to the intended transaction that are known or should be known to the broker,
• to carry out all other necessary negotiations and preparatory actions for concluding the legal transaction related to real estate brokerage.

If, by agreement with the Client, the broker performs additional services related to the transaction, such services, as well as the type and amount of costs, shall be separately agreed.

The broker shall not be liable for the non-performance of obligations by the Client or a third party arising from a legal transaction concluded between them, the subject of which is the property for which the broker acted as intermediary.

Establishing Contact with a Third Party / Subject Property

Article 5

It shall be deemed that the broker has enabled the Client to establish contact with a third party (natural or legal person) with whom negotiations for the conclusion of a legal transaction have been conducted, in particular if the broker has:

• directly taken or referred the Client to view the subject property,
• organized a meeting between the Client and the third party for the purpose of negotiating the conclusion of a legal transaction,
• provided the Client with the name/designation, telephone number, email, or fax of the third party authorized to conclude the legal transaction, or informed the Client of the exact location of the requested property,
• provided the Client with an offer or email containing information about the subject property and/or its owner, or the third party or its affiliated company/related company, or a person authorized to conclude the legal transaction who has expressed interest in concluding a transaction relating to the subject property,
• enabled contact between the Client and the third party in any other manner that leaves no doubt as to the identification of the authorized person for negotiating and/or concluding the legal transaction.

If the Client is already familiar with the properties offered or has already established contact with a third party, the Client is obliged to inform the broker thereof without delay in writing, via email or registered mail. Otherwise, it shall be deemed that the broker has brought the Client into contact with the subject property and/or the third party.

Obligations of the Client

Article 6

By entering into a Real Estate Brokerage Agreement, the Client undertakes in particular to:

• inform the broker of all circumstances relevant to the performance of the brokerage services and provide accurate information about the property, and, if available, present to the broker for inspection the location permit, building permit, and/or use permit for the property that is the subject of the Brokerage Agreement, as well as provide evidence of fulfillment of obligations towards third parties,
• present to the broker documentation proving ownership of the property or other real rights over the property that is the subject of the Brokerage Agreement, and inform the broker of all registered and unregistered encumbrances on the property,
• allow the broker and any third party interested in concluding the mediated transaction to inspect the property,
• inform the broker of all essential information regarding the property sought, including in particular the description of the property and the price,
• after the conclusion of the mediated legal transaction, or a preliminary agreement by which the Client has undertaken to conclude the mediated transaction, if agreed that the right to payment of the brokerage fee arises upon conclusion of the preliminary agreement, pay the brokerage fee to the broker, unless otherwise agreed,
• reimburse the broker for costs incurred during the brokerage process that exceed usual brokerage costs, if expressly agreed,
• inform the broker in writing of all changes related to the transaction for which the broker has been authorized, especially changes related to ownership of the property.

The Client is not obliged to enter into negotiations for the conclusion of the mediated transaction with a third party found by the broker, nor to conclude a legal transaction.

The Client shall be liable to the broker for damages if they have not acted in good faith and shall be obliged to reimburse all costs incurred during the brokerage process, which may not be less than one-third nor exceed the agreed brokerage fee for the mediated transaction.

By signing the Real Estate Brokerage Agreement with the broker, the Client, under material and criminal liability, guarantees and confirms that they are the person they represent themselves to be; otherwise, they shall be liable for any damage caused to the broker and/or any other person in the legal transaction that is the subject of the Brokerage Agreement.

Upon concluding the Real Estate Brokerage Agreement, the Client confirms that they have voluntarily provided the broker with their personal data, including the personal identification number (OIB), for the purpose of participating in the process of purchase/sale/lease/rental of real estate or any other legal transaction related to real estate brokerage, and for the purpose of establishing unequivocal identification.

The Client undertakes that, upon concluding a real estate purchase transaction with a third party that is the subject of the Brokerage Agreement, they will provide the broker with all necessary information and data that the broker is required to collect about the Client and the legal transaction, as prescribed by the law on the prevention of money laundering and terrorist financing.

Anonymous Client

Article 7

A broker performing brokerage services for a Client who wishes to remain anonymous shall not be obliged to disclose the Client's identity to a third party wishing to conclude a legal transaction with the Client, until such legal transaction has been concluded.

Brokerage Fee

Article 8

The brokerage fee payable by the Client for brokerage services in the purchase and sale of real estate amounts to 3% of the purchase price, unless otherwise agreed in the Brokerage Agreement between the Broker and the Client.

VAT is not calculated on the stated brokerage fee percentage.

Right to the Brokerage Fee

Article 9

The broker shall acquire the right to the brokerage fee upon the conclusion of the contract for which the brokerage services were provided, unless the broker and the Client have agreed that the right to payment of the fee arises already upon the conclusion of a preliminary agreement and/or the first legal act between the Client and the third party.

In the event of late payment of the brokerage fee, statutory default interest shall be charged.

The broker may not request partial payment of the brokerage fee in advance, i.e., prior to the conclusion of the contract, preliminary agreement, and/or the first legal act.

The broker may charge the costs of additional services related to the transaction that is the subject of real estate brokerage in the amount of actual costs, provided that this has been specifically agreed between the broker and the Client.

After the termination of the Real Estate Brokerage Agreement, the broker shall be entitled to the agreed brokerage fee within a period of up to 12 (twelve) months, unless otherwise agreed in the Brokerage Agreement, in cases where the Client concludes a legal transaction with a third party that is a result of the broker's actions prior to the termination of the Brokerage Agreement.

The broker shall be entitled to the brokerage fee if the Client's spouse, cohabiting partner, descendant, parent, or other blood relative in the direct or collateral line, a person related by marriage to the Client, or any person otherwise connected to the Client (e.g., blood relatives in any line with the aforementioned persons, an authorized person, employee, employer, associate, etc.) concludes a contract/preliminary agreement or any other legal transaction relating to real estate with a person with whom the broker has connected them.

The provisions of Article 9, paragraph 6 shall also apply to legal entities established by the Client or by any other person referred to in the previous paragraph, or where such persons perform management or any other functions within a legal entity.

Article 10

The brokerage fee does not include the following costs, which shall be borne by the Client: translations by a certified court interpreter of all documents relating to the subject of this Agreement, court fees for registration, pre-registration and notation, notary fees for certification of signatures on documents, court fees or administrative stamp duties for obtaining a title deed, copies of the cadastral plan, certificates of identification, obtaining building and/or use permits, as well as the costs of obtaining other documentation from the competent court, State Geodetic Administration, banks, administrative departments of competent local and/or regional self-government authorities, or any other authorities.

The Client is therefore obliged to provide the broker in a timely manner with proof of payment of the above-mentioned costs in order to ensure that the documentation is obtained without delay. If the broker obtains such documentation on behalf of the Client, the Client shall reimburse the material costs to the broker within 8 (eight) days from the date such costs were incurred.

Cooperation with Other Real Estate Brokers

Article 11

The broker is willing to cooperate with other real estate brokers who adhere to fundamental ethical principles (which exclude the presentation of false information about business operations for the purpose of obtaining business and clients, disparaging other brokers in any way in order to obtain business and clients, unrealistic property valuations for the purpose of obtaining brokerage assignments, and public appearances in the media for the purpose of personal promotion to the detriment of others).

Real Estate Brokerage Agreement

Article 12

Under a Real Estate Brokerage Agreement, the broker undertakes to endeavor to find and connect the Client with a person for the purpose of negotiating and concluding a specific legal transaction concerning the transfer or establishment of a certain right over real estate, and the Client undertakes to pay a brokerage fee if such legal transaction is concluded.

The Real Estate Brokerage Agreement shall be concluded in written form and for a fixed period of time.

The Real Estate Brokerage Agreement concluded between the broker and the Client must, in particular, include information about the broker and the Client, the type and essential content of the transaction for which the broker is engaged, the amount of the brokerage fee, and any additional costs that may arise when the broker, in agreement with the Client, performs other services related to the transaction that is the subject of the brokerage.

The Real Estate Brokerage Agreement may also contain other information related to the transaction for which the brokerage services are provided (e.g., deadlines and conditions for payment of the brokerage fee, information on liability insurance, conditions for securing payment of the brokerage fee, etc.).

Exclusive Brokerage

Article 13

Under a Real Estate Brokerage Agreement, the Client may undertake not to engage any other broker for the mediated transaction (exclusive brokerage), which obligation must be expressly agreed.

If, during the term of an exclusive brokerage agreement, the Client concludes a legal transaction through another broker for which the exclusive broker had been engaged, the Client shall be obliged to pay the agreed brokerage fee to the exclusive broker, as well as any additional actual costs incurred during the brokerage process for that transaction.

When concluding an Exclusive Real Estate Brokerage Agreement, the broker is obliged to specifically inform the Client of the meaning and legal consequences of this clause.

Sub-Brokerage Agreement

Article 14

The broker may transfer the Real Estate Brokerage Agreement to other brokers, provided that this is agreed between the broker and the Client.

In such a case, the Client shall remain in a contractual relationship only with the broker with whom the Agreement was concluded, and the broker shall provide the Client with a list of brokers to whom the Real Estate Brokerage Agreement has been transferred.

Termination of the Brokerage Agreement

Article 15

A Real Estate Brokerage Agreement concluded for a fixed term shall terminate upon the expiry of the period for which it was concluded, if the contract for which the brokerage services were provided has not been concluded within that period, or by termination by either party, provided that such possibility is stipulated in the Brokerage Agreement.

In the event that the possibility of unilateral termination of the Real Estate Brokerage Agreement has been agreed, and the notice period has not been expressly specified in the Agreement, the notice period shall be 30 (thirty) days from receipt of the notice of termination sent by registered mail with return receipt.

If, within a period of up to 12 (twelve) months after the termination of the Real Estate Brokerage Agreement, the Client concludes a legal transaction that is the result of the broker's activities carried out prior to the termination of the Agreement, the Client shall be obliged to pay the brokerage fee in full.

The Client shall reimburse the broker for any incurred costs that were expressly agreed to be borne separately by the Client.

Due Care in Legal Transactions

Article 16

In performing brokerage activities and other actions related to the transaction that is the subject of the brokerage, the broker shall act with increased due care, in accordance with professional standards and customary practices (the standard of a diligent professional).

Advertising of Real Estate

Article 17

When advertising real estate in public media, as well as in other written and electronic media, within the broker's premises or in any other place where advertising related to the property is permitted, the broker shall be obliged to disclose their company name.

Liability Insurance

Article 18

A real estate broker is obliged to obtain and maintain liability insurance with an insurer in the Republic of Croatia for any damage that may be caused to the Client or third parties in the course of performing brokerage activities.

The minimum insured amount for damage that the broker may cause in the course of brokerage activities shall not be less than EUR 30,000.00 (thirty thousand euros) per insured event, and EUR 80,000.00 (eighty thousand euros) for all claims within one insurance year.

The broker may also be insured with an insurer in a Member State of the European Union or the European Economic Area.

Confidentiality (Business Secrecy)

Article 19

The broker shall be obliged to keep as a business secret all information obtained in the course of performing brokerage activities that relates to the Client, the property for which the broker is acting, or is connected with that property or with the transaction for which the broker is acting or which is concluded on the basis of a special authorization.

If the broker breaches the obligation to maintain business secrecy, the broker shall be obliged to compensate the injured parties for any damage they have suffered as a result of the disclosure or failure to protect such confidential information.

It shall not be considered a breach of the obligation to maintain business secrecy if the broker discloses such information, for the purpose of protection, to persons with whom the broker seeks to connect the Client, where such disclosure was strictly necessary for the broker to fulfill their obligation under the Real Estate Brokerage Agreement concluded with the Client.

Final Provisions and Dispute Resolution

Article 20

For relationships between the broker and the Client arising from the Real Estate Brokerage Agreement that are not regulated by these General Terms and Conditions or by the Brokerage Agreement, the provisions of the Real Estate Brokerage Act and the general provisions of the Obligations Act shall apply.

These General Terms and Conditions shall enter into force on the date of their adoption and shall remain in force until new/amended General Terms and Conditions are adopted.

Any disputes between the broker and the Client shall be resolved amicably; failing that, jurisdiction shall lie with the competent court in Pula.