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General Terms and Conditions of HABITO Real Estate Agency

1. GENERAL PROVISIONS

These General Terms and Conditions regulate the business relationship between the real estate brokerage agency HABITO (hereinafter: the Broker) and the Principal (natural or legal person). By concluding a Brokerage Agreement, the Principal confirms that they are familiar with and agree to the provisions of these terms of business.

In the sense of these General Terms and Conditions, individual terms have the following meanings:

Real Estate Broker – the real estate brokerage agency "HABITO".

Principal – a natural and/or legal person who concludes a Brokerage Agreement with the Broker (seller, buyer, lessee, lessor, landlord, tenant, etc.).

Real Estate Brokerage – all actions performed by the Broker relating to connecting the Principal and a third party, as well as negotiations and preparations for concluding legal transactions involving specific real estate, especially regarding purchase, sale, exchange, lease, rent, etc.

Third Party – a person whom the Broker seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions concerning specific real estate.

Brokerage Fee – the amount the Principal is obliged to pay to the Broker for mediation services.

2. REAL ESTATE OFFER

The real estate offer is based on data received by the agency in writing, orally, or electronically, and is conditional upon signature. The Agency reserves the possibility of errors in the description and price of the property, the possibility that the advertised property has already been sold (or rented), or that the owner has withdrawn from the sale (or lease).

The recipient (Principal) must keep the agency's offers and notices as a business secret and may only transfer them to third parties with the written approval of the agency.

If the recipient of the offer is already familiar with the properties offered by the agency, they are obliged to inform the agency without delay.

The offer and/or real estate data are considered confirmed by signing the Brokerage Agreement between the Principal and the Broker.

The agency is not responsible for errors from the previous paragraph of this article, except in cases of intentional errors and/or extremely negligent behavior by the agency.

The agency is not responsible for errors and/or extremely negligent behavior by the Principal.

3. BROKERAGE AGREEMENT

By the Brokerage Agreement, the Broker undertakes to bring the Principal into contact with a third party who would negotiate the conclusion of a legal transaction, and the Principal undertakes to pay the Broker a brokerage fee if the legal transaction is concluded.

The Brokerage Agreement is concluded between the Broker and the Principal.

The Brokerage Agreement must accurately, truthfully, and completely state all data about the real estate for the purpose of the brokered transaction, as well as the obligations of the Broker and the Principal.

If the property is co-owned by several persons, the written consent (power of attorney) of all co-owners or representatives of all co-owners is required in the form of accepting the Brokerage Agreement.

4. OBLIGATIONS OF THE BROKER

When mediating in the purchase, sale, lease, or rental of real estate, the Broker shall:

  1. Conclude a Brokerage Agreement with the Principal in writing.
  2. Endeavor to find and connect a person with the Principal to conclude the brokered transaction.
  3. Inform the Principal of the average market price of similar properties.
  4. Warn the Principal of property defects.
  5. Inspect documents proving ownership or other real rights on the property and warn the Principal of: obvious defects and potential risks related to the unregulated land registry status; registered third-party rights; legal consequences of failure to fulfill obligations toward third parties; lack of building or usage permits; and pre-emption rights or restrictions.
  6. Perform necessary actions for presenting the property on the market and advertise it in a manner determined by the agency.
  7. Enable real estate viewings.
  8. Protect the Principal's personal data and, upon written order, keep property data or transaction data as a business secret.
  9. Inform the Principal of all known circumstances significant for the intended transaction.
  10. Mediate in negotiations and strive for the conclusion of the legal transaction.
  11. Attend the conclusion of the legal transaction (Pre-contract and Contract).
  12. Attend the handover of the property.
  13. If the subject is land, verify the designated purpose of the land in accordance with spatial planning regulations.

Connection with a third party: It is considered that the Broker has enabled a connection with another person if the Principal was allowed to enter into contact with a person with whom they negotiated, especially if the Broker:

5. OBLIGATIONS OF THE PRINCIPAL

  1. Conclude a Brokerage Agreement with the agency in writing.
  2. Inform the Broker of all important circumstances and provide accurate data and documents (building/usage permits, evidence of fulfillment of third-party obligations).
  3. Provide ownership documents or other rights documents and warn of all registered and unregistered encumbrances.
  4. Ensure viewings of the property for the Broker and interested third parties.
  5. Inform the Broker of all essential data, including description and price.
  6. Pay the brokerage fee after the conclusion of the legal transaction (or pre-contract if agreed).
  7. If explicitly agreed, reimburse the Broker for costs incurred during mediation that exceed standard costs.
  8. Inform the Broker in writing of all changes, especially regarding ownership.
  9. The Principal shall be liable for damages if they did not act in good faith, acted fraudulently, or provided incorrect data.

6. BROKERAGE FEE

The Broker is entitled to the fee agreed upon in the Brokerage Agreement. The Broker acquires the right to the fee in full immediately after the conclusion of the first legal act (Pre-contract or Sale Agreement).

7. TERMINATION OF AGREEMENT

The Brokerage Agreement is concluded for a term of 12 months and terminates upon expiration, conclusion of the brokered transaction, or cancellation by either party. It may be extended by mutual agreement for another 12 months.

The Principal will recognize mediation even after expiration if contact was established during the contract term.

If the Principal terminates the agreement unilaterally before expiration, they must reimburse the Broker for incurred costs (advertising, etc.) within 7 days.

If the Principal concludes a transaction within 2 years after contract expiration with a person connected by the Broker, they are obliged to pay the full fee.

8. COOPERATION WITH OTHER AGENCIES

The Agency is open to cooperation with other brokerage agencies that respect basic ethical principles and the Code of Business Ethics.

9. DISPUTE RESOLUTION

For relations not defined by these Terms or the Agreement, the Real Estate Brokerage Act and the Civil Obligations Act shall apply. Any disputes shall be subject to the jurisdiction of the Municipal Court in Pula.

PRICE LIST

Brokerage commissions for purchase, sale, exchange, lease, and rental

REAL ESTATE PURCHASE & SALE

Commission is charged as a percentage of the total achieved purchase price.

Purchase commission is charged if agreed or if the Broker received a search order (written or oral) from the Buyer.

LEASE AND RENTAL

LEASING AND RENTING OUT (Commission from the Landlord/Lessor)

LEASING AND RENTING IN (Commission from the Tenant/Lessee)

VAT is not included in the price.

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