DECISION
on the terms and conditions of the performance of mediation transactions of the company Aggemo d.o.o.

GENERAL PROVISIONS

Article 1.

With this decision, in accordance with the Real Estate Agents Act (Official Gazette No. 107/07) (hereafter: the Act) and other regulations, the company Aggemo d.o.o. determines the terms and conditions for the performance of mediation transactions (hereafter: Terms and Conditions) for the regulation of the business relations between the real estate agency Aggemo d.o.o. (hereafter: the Agent) and natural or legal persons who sign a mediation contract with the Agent.

The Terms and Conditions shall be an integral part of the mediation contract signed between the Agent and the Client.

OFFER OF REAL ESTATE

Article 2.

The offer of real estate shall be based on the data provided to the Agent by the Client in written or oral form.

In the mediation, the Agent shall provide to third parties only information on the conditions and subject of the mediation that he receives from the Client and shall allow for the possibility of, with no fault of the Agent, mistakes or changes in the description of the conditions and subject of the mediation such as: mistakes on the description and price of the real estate, changes in the mode of payment, the possibility that the real estate has already been sold (or rented) without the participation of the Agent or that the owner has given up on the sale (or rental).

When a third party expresses interest, the Agent shall be obliged, before accepting the third party's offer, to request a confirmation of the conditions and subject of the mediation and to submit the confirmation to the interested party.

The Client shall be obliged not to disclose the offers and notices of the Agent concerning the Mediation to third parties without the prior written consent of the Agent.

If the recipient of the offer is already familiar with the real estate offered to him by the Agent, he shall be obliged to inform the Agent of this immediately.

MEDIATION CONTRACT

Article 3.

The Client and Agent shall sign a mediation contract in written form.

If the real estate is owned by several owners, the consent (power of attorney) of all co-owners or the representatives of all co-owners for the acceptance of the Mediation Contract shall be necessary.

OBLIGATIONS OF THE AGENT

Article 4.

When performing mediation transactions, the company Aggemo d.o.o., in accordance with Article 21 of the Act, shall be obliged to carry out the following:

1. strive to find a person and bring him/her into connection with the Client for the purpose of signing an Mediation Contract

2. familiarize the Client with the average market price of similar real estate

3. inspect the documentation provided by the Client proving ownership or other property rights of the real estate in question and inform the Client about:

- apparent irregularities and possible risks concerning irregularities in the land registry
- registered ownership or other property rights of third parties
- legal consequences of the non-fulfillment of obligations towards third parties
- irregularities of the construction permit or certificate of occupancy in accordance with special acts
- the circumstances of the obligation to implement rights of pre-emption and restrictions in the legal mediation of real-estate

4. carry out necessary activities for the presentation of real-estate on the market, advertise the real-estate in a suitable manner and carry out all other activities agreed on in the Mediation Contract

5. carry out other activities agreed on in the Mediation Contract concerning the presentation of the real estate on the market that are not included in usual presentation, for which he has a right to special expenses, expressed in advance

6. enable the inspection of real-estate

7. mediate in the negotiations and strive to reach the conclusion of a contract if he had obliged himself to it

8. not to disclose personal information of the Client and, based on the written request of the Client, information on the real estate he is mediating or information concerning that real estate or the transaction he is mediating

9. if the subject of the contract is a land plot, to verify the allocation of the land plot in question in accordance with physical planning regulations that pertain to that land plot

10. to inform the Client of all the circumstances relevant for the transaction that he is aware of or should be aware of.

The company Aggemo d.o.o. includes in the contracted mediation fee all activities indicated in subparagraphs 1 to 10 of paragraph 1 of this Article.

It shall be considered that the Agent has brought the Client into connection with a third party (natural or legal person) for negotiations on signing a transaction contract if the Client is enabled to get into contact with a third party with whom he negotiates a legal transaction, especially if he:

- has directly taken or directed the Client or third party to inspect the real estate in question
- has organized a meeting between the Client and a third party for negotiations on a legal transaction
- has provided the Client with a name, telephone number, fax number or e-mail of a third party authorized to conclude a legal transaction or has provided the Client with a correct location of the real estate in question.

If the Client was in contact with a third party (natural or legal) to negotiate a legal transaction before the Agent has enabled the connection, he shall be obliged to inform the Agent of this immediately.

OBLIGATIONS OF THE CLIENT

Article 5.

The Client, in accordance with Article 23 of the Act, shall be obliged to:

1. inform the Agent of all circumstances relevant for the performance of the mediation and submit correct information about the real estate and, if he owns them, provide the Agent with the construction and location permit and the certificate of occupancy for the real estate that is the subject of the contract and present the Agent with proof of having fulfilled his obligations towards the third party
2. present the Agent with documentation proving his ownership of the real estate or any other property right concerning the real estate tat is the subject of the contract and inform the Agent of all registered or unregistered liabilities of the real estate
3. enable the Agent and the third party interested in concluding a mediated transaction the inspection of real estate
4. inform the Agent of all relevant information on the sought-after real estate, especially the description and price range
5. after concluding the mediated legal transaction, that is the preliminary with which he obliged himself to conclude the mediated legal transaction, if the Agent and Client agreed that the Agent has the right to receive the mediation fee after the signing of the preliminary, pay the mediation fee to the Agent, unless differently arranged by contract
6. if explicitly arranged by contract, pay the Agent all expenses made during the mediation that are not included in the usual mediation expenses
7. inform the Agent in writing of all changes concerning the transaction for which he authorized the Agent, especially changes concerning the ownership of the real estate and the conditions and manner of concluding the transaction.
8. inform the Agent of all restrictions and flaws of the real estate.

The Client shall not be obliged to participate in negotiations on the conclusion of a mediated transaction with a third party that the Agent found or to conclude the legal transaction, and any provision of a contract that claims otherwise shall be null and void. The Client shall be responsible for any damage if he did not act in good faith and shall be responsible for all expenses made during the mediation, which can not be higher than the mediation fee.

DISCLAIMER

Article 6.

The Agent shall not be responsible for any oversights or damage caused by the restrictions or flaws of the real estate under Article 5 of these terms and conditions, which the Client was aware of or should have been aware of and did not inform the Agent about.

The Agent shall not be responsible for any errors and/or exceptionally negligent conduct of the Client, especially in the case of providing untrue, incorrect, untimely information or In the case of not providing true, correct and timely information about the real estate or the conditions and subject of the mediation.

ADDED-VALUE SERVICES OF THE AGENT

Article 7.

Having in mind that, on account of the large number of real estate that has remained in the regime of state ownership, the legislator postponed until 1 January 2015 the application of the principle of public credibility of land registry books for real estate that on 1 January 1997, the date on which the Act on ownership and other property rights entered into force, was registered as state property (which means that until 2015, registration in land registry books shall not constitute credible proof of ownership, and it shall still be necessary to verify the ownership status of real estate to avoid damage of the buyer), and the fact that the majority of Clients does not own or submit regular documentation for the real estate offered (which is their obligation in accordance with the Act), we hereby determine activities that are not included in the mediation fee:

a) business consulting services by expert consultants in the analysis and processing of the case (ownership, urban planning, construction potential, banking and financial consultants, deficiencies of land plots etc.)
b) obtaining documentation, which the Client was obliged to obtain but has failed to do so, in the name and at the expense of the Client, such as: land registry extract, copy of cadastral plan, copy of title deed, extract from town planning scheme or any other document from state administration, local and regional government bodies in the city where the headquarters of the Agent are located
c) service of drafting the preliminary for the purchase contract
d) service of drafting the tabular
e) service of drafting the ownership registration proposal or service of registering the ownership in the land registry
f) service of filing property sales tax
g) photographing in the city in which the Agent has his headquarters and preparation of photo documentation
h) photographing outside the city in which the Agent has his headquarters and preparation of photo documentation
i) drafting petition in the name and at the expense of the Client
j) hiring, in the name and at the expense of the Client, architects to draft a ground plan of the real estate, obtain the location permit, construction permit or certificate of occupancy
k) hiring, in the name and at the expense of the Client, an attorney
l) real estate presentation expenses not included in usual presentation (shooting a film, commercial video, construction of model etc.) and
m) other services requested by the Client that are not included in usual real estate mediation services.
The company Aggemo d.o.o., for the services under this Article that are not the obligation of the Agent and are not included in the mediation fee, shall determine the conditions and service prices in Article 9 of this Decision.

PRICES OF THE AGENT'S SERVICES– MEDIATION FEE

Article 8.

Under this Article, the company Aggemo d.o.o. determines the mediation fee that shall include the services under Article 4 of this Decision:

Prices of the Real Estate Agent Aggemo d.o.o. – mediation fees

SERVICE PRICE
   
PURCHASE AND SALE
The commission is charged as a percentage of the total sale and purchase price
(services from Article 4 of the Decision)
 
Maximum total commission
(Art. 27 of Real Estate Agents Act)
6%
Minimum total commission 2%, but not less than 4,000.00 HRK
SALE
Commission for mediation in sale of real
(the seller is charged)
2-6%
PURCHASE
Commission for mediation in purchase of real estate (the buyer is charged)

The buyer shall be charged the commission if it has been contracted or if the Agent has received a written or oral request to search for real estate
2-6%
EXCHANGE
Total commission
In case of the exchange of real estate, both parties of the exchange shall be charged a commission, and the commission shall be calculated as a percentage of the value of the real estate gained in the exchange
2-6%
 
LEASE AND RENTAL
The commission is charged as a percentage of the monthly rent (lease) as a lump
(services under Article 4. of the Decision)
 
LEASING
The lessor shall be charged the commission
Minimum
(amount of one monthly lease = 100%)
100%
For a rental or lease of12 months 100%
For a rental or lease of 12 – 60 months (1 - 5 years) 100%-200%
Maximum 200%
RENTING
The lessee shall be charged the commission
Minimum 100%
For a rental or lease of 12 months 100%
For a rental or lease of 12 – 60 months (1 – 5 years) 200%
Maximum 200%

Value - added tax shall be charged at the rate prescribed by law for all prices indicated.

PRICES OF THE AGENT'S SERVICES– VALUE ADDED SERVICES

Article 9.

Under this Article, the company Aggemo d.o.o. shall determine the following fees for services indicated under Article 7 of this Decision, that is fees for expenses incurred as a result of value added services requested by the Client from the Agent in writing:

Prices of the Real Estate Agent Aggemo d.o.o. – value added services fees

SERVICE PRICE
   
VALUE ADDED SERVICES
(services under Article 7 of this Decision)
 
Business consulting services by expert consultants in the analysis and processing of the case (ownership, urban planning, construction potential, banking and financial consultants, deficiencies of land plots etc.) 250.00 HRK/hour
Drafting an evaluation paper on the state of the real estate and appraisal of market value of the real estate* 300.00 HRK
Obtaining land registry extract, copy of cadastral plan, copy of title deed, extract from town planning scheme or any other document from state administration, local and regional government bodies in the city in which the headquarters of the Agent are located 200.00 HRK per document + levies
Obtaining land registry extract, copy of cadastral plan, copy of title deed, extract from town planning scheme or any other document from state administration, local and regional government bodies outside the city in which the headquarters of the Agent are located 200.00 HRK/hour + levies + 2 HRK per kilometer crossed
Service of drafting the preliminary for the purchase contract 500.00 HRK
Service of drafting the tabular 250.00 HRK
Service of drafting the sale and purchase contract* 1,000.00 HRK
Service of drafting the ownership registration proposal or service of registering the ownership in the land registry 500,00 HRK + levies
Service of filing property sales tax 350.00 HRK
Photographing in the city in which the Agent has his headquarters and preparation of photo documentation * 100.00 HRK/hour
Photographing outside the city in which the Agent has his headquarters and preparation of photo documentation 100.00 HRK/hour + 2 HRK per kilometer crossed
Drafting petitions in the name and at the expense of the Client 250.00 HRK
Hiring, in the name and at the expense of the Client, architects to draft a ground plan of the real estate, obtain the location permit, construction permit or certificate of occupancy According to the prices of the Croatian Chamber of Architects and Civil Engineers
Hiring an attorney According to the Croatian Bar Association
Hiring a geodesist to measure the land plot or prepare a parcelation study According to the prices of the Geodetic Biro
Accommodation (hotel) expenses outside the place of residence of the Agent According to bills/prices of up to three-star hotels
Presentation costs not included in usual presentation (shooting a film, commercial video, construction of model etc.) According to real presentation costs
Other services requested by Client that are not included in usual real estate agents services As agreed

Value - added tax shall be charged at the rate prescribed by law for all prices indicated.
* For the amount charged, we decrease the mediation commission in the case of the sale of real estate

CHARGING THE FEE

Article 10.

The agent is entitled to charge the fee in whole at the moment of completing the mediation i.e. signing the preliminary agreement (or the contract in case no preliminary is entered into) that binds the Client to conclude the legal mediation business.

The Agent's fee for mediation in transaction, exchange, lease and rent of real estate is charged in accordance with Prices of the company Aggemo d.o.o. determined in Articles 8 and 9 of these Terms and Conditions.

The agent may stipulate the right to the reimbursement of expenses arising from carrying out the agency business and seek advanced payment of money needed to cover the expenses onto the account.

The agent is entitled to the fee in case marital or extra-marital partner, descendant or parent of the Client concludes the legal business of mediation with the person the Agent connected the Client with.

The Client is obliged to pay the Agent the mediation fee in whole even in case of entering into a legal business of transaction or a preliminary or transaction contract with a person or persons he or she was connected with by the Agent or if the business entered into is in any way a consequence of the Agent's doing within 24 months posterior to the expiry or cancellation of the Mediation Contract.

MEDIATION CONTRACT CANCELLATION

Article 11.

The Mediation Contract is concluded for the period of 12 months, after which it expires, unless an additional agreement is signed in that period or one of the parties cancels the agreement before the expiration.

In case the Client unilaterally cancels the agreement prior to the agreed expiration date, he or she is obliged to reimburse the Agent all mediation expenses incurred before the cancellation within 7 days.

Once the agreement expires, contractual parties have no claims from each other. The Client is obliged to reimburse to the Agent only the expenses that were explicitly agreed upon as additionally chargeable to the Client.

FINAL PROVISIONS

Article 12.

The company Aggemo d.o.o. will publish this Decision on the company's message board and will inform each client of these Terms and Conditions.

Aggemo d.o.o.
Executive officer:
Biserka Bodulić