Info for buyers

Notifications for Principal –Buyer

Buyer can contact Mediator via e-mail (form on website), by phone or in person. Agency Mirakul, Mediator, prefers a personal meeting in its office for a personal introduction of future clients, qualitative interview, photocopying documentation and personal documents, meeting the wishes and capabilities of both parties.

Principal - Buyer has the option to choose between existing real estate offer, where the Buyer can immediately ask the mediator for mediation service, connecting with a third person, owner or authorized seller and/or a tour of the property. Buyer can ask the Mediator to on his account and in his name require properties as desired. In both cases before mediation activities, the Principal and the Mediator shall by ZPPN assemble into a written contract or an agreement of mediation. After identifying the Principal and the conclusion of the contract or agreement of mediation, business relationship is established, Principal may receive confidential information from the Mediator.

General about Mediator's business and obligations of the Principal - Buyer according to the Mediator's General Terms and Conditions (excerpt from the text General Terms and Conditions):


GENERAL PROVISIONS 

General Terms and Conditions of business mediators in real estate (hereinafter referred to as General Terms and Conditions) regulate the business relationship between the agency in real estate (hereinafter referred to as Mediator) and natural or legal person (hereinafter referred to as the Principal) that the mediator makes a written agreement of mediation (mediation contract or the agreement of mediation ) concluded between mediator and principal (standard or exclusive).

General Terms and Conditions are an integral part of the agreement of mediation concluded between mediator and principal. Principal signing mediation contract or the agreement of mediation confirms that he is familiar with the  provisions of General Terms and Conditions and accepts them, unless the contractual relationship with the mediator is not otherwise defined by the agreement. Mediator performs his duty with professional diligence. If the Mediator has Principal from two sides (Buyer and Seller, etc...), cares of the interests of both sides, maintaining a balanced position in relation to the interests of both Principals.

Certain terms of these General Terms and Conditions have the following meaning:
 
  • Real estate broker - MIRAKUL Ltd., Petrića Glava 13A, 22240 Tisno, MB:1674706, OIB:50721441462
  • Mediation in real estate business - actions of real estate Mediator related to the preparation and the connection of Principals (Buyer or Seller, etc ...) and the third party (Buyer or Seller, etc ...), negotiation (if agreed) and preparation of the conclusion legal transactions, which subject is a property, especially by buying, selling, exchange, lease, rental, etc.
  • Principal- is a natural or legal person which with the Mediator enters into a written contract or agreement of mediation (seller, buyer, lessee, lessor, landlord, tenant or other possible participants in real estate).
  • A third party (also the Principal, mutual mediation) - is a person which Mediator tries to connect with the Principal for the negotiations over concluding a legal transaction for the subject property.
  • Real estate offer - on the website of the mediator, in the media, and other written and electronic media, is an invitation to enter into the contract or agreement of mediation for the Principal (customers, tenants, etc...), to prepare connection through Mediator with third parties (sellers, lenders, etc...), for the already known and advertised real estate by Mediator.
  • Mediation contract or agreement of mediation - a written document under which the Mediator performs acts of mediation for all participants in real estate business.
  • Brokerage fee - the amount that the Principal is obliged to pay to the mediator for mediation services, under a mediation contract or the agreement of mediation if is not otherwise agreed.
  • Confidential information by purchasing real estate - the information that are not a general character, ie: the exact location regarding to address, street and house number of the property, the number of cadastral parcels or land registry file properties, name, phone number, address of the Principal, etc. Confidential information are provided only after the conclusion of the mediation contract or the agreement of mediation between the Principal and Mediator.
  • Information of general caracter by the purchase of real estate - village where the property is located, the starting price, the arrangement of ownership, legality of property, size, etc. ..
  • Mediation contract or the agreement of mediation concluded by e-mail (Electronic Document Act NN 105/05 and Act of Electronic Commerce NN 173/03, 67/08, 36/09, 130/11) - Contracts may be concluded by electronic way or in electronic form. Offer and acceptance of the offer may be made electronically, or in electronic form. When an electronic message or electronic form is used in making the contract, such contract shall not be denied legal validity solely on the basis of the fact that it is composed in the form of electronic messages, or in electronic form. The obligatory legal relations arising out of or in connection with contracts concluded by electronic means or in electronic form shall apply the provisions of the Law of Obligation, or the appropriate regulation that governs the contractual relations. This fulfills the obligation on the basis of ZPPN, NN 107/07 that the mediation contract or the agreement of mediation must be in writing.

 

OBLIGATIONS OF THE PRINCIPAL
 

  • Provide/submit documents for review to identify the Principal (identity card, passport, etc...);
  • Conclude mediation contract or the agreement of mediation with Mediator (standard or exclusive);
  • Approve an insight in all documents which improve the ownership rights or other property rights. Warn the Mediator about registered and unregistered encumbrances of the property;
  • Inform Mediator about any circumstances that are important to perform mediation and give the accurate information about the property, and if has to give for insight location, building or use permit for property that is the subject of the contract and give to Mediator for insight evidence of meeting obligations to a third party;
  • Insure a visit to the property in presence/wake of Mediator and a third person who is interested in the closure of a mediation contract;
  • Inform the Mediator about all relevant data – especially about property description and the price of the property which is very important for the mediation;
  • Pay the brokerage fee, immediately after closing of the mediation or pre-contract settle the agreed commission (provision) to the Mediator, if on the basis of pre-contaract goes first transaction/payment of (deposit, advance...) purchase price,
  • If it is expressly agreed to compensate costs to the Mediator incurred  during mediation that exceed the usual costs of mediation,
  • Inform the Mediator in writing of any changes related to the job for which he authorized Mediator, and particularly the changes associated with price and ownership of the real estate.

Principal is not obliged to enter into negotiations for the conclusion of the mediation process with a third party that Mediator has found, or enter into a legal business, and the provision of the contract which is agreed otherwise, is not valid. The Principal will be liable for any damage if he did not act in good faith and shall compensate all costs incurredduring the mediation, which can not be greater than the total brokerage fee for the mediated business. 

The Principal is liable for damages if he has acted fraudulently, if he failed or gave incorrect information relevant to the work of mediation which brings to conclusion of the legal work. The Principal is liable for damages in case ofdeliberate, extremely negligent behavior to the Mediator or to third party with whom Mediator brought him into connection, or was sent by the Mediator.

It is to believe that the Mediator allows to Principal to make contact with third parties (natural or legal person) with whom he (Principal) negotiated about conclusing contract, especially if he was sent or guided (by the Mediator) to take took a tour of the property, if Mediator organized a meeting between the Principal and the third party for for negotiation of a conclusion of a contract, if the Mediator gave to principal name, telephone number, fax number, e-mail of a third party which is authorized to enter into a legal transaction (conclusion of a contract) or gave him the exact location of the requested property.

If within two years after termination of the mediation contract or the agreement of mediation Principal enters into a legal transaction (conclusion of a contract), with the person with whom he was associated by the Mediator, and for which the Mediator mediatecd during the mediation contract or the agreement of mediation, the Principal isobligated to pay the brokerage fee to Mediator in full.

Full text can be found under the "General terms and conditions."