Business terms and conditions
KYARA d.o.o. Trg Maršala Tita 4, Rovinj
The General Terms and Conditions of Real Estate mediation (hereinafter: General Terms and Conditions) regulates the
business relationship between a real estate brokerage agency (hereinafter: Broker) and a person, or a company,
(hereinafter referred to as the "principal").
The general terms and conditions are an integral part of the brokerage contract concluded between the broker and
Some terms and names in these General Terms have the following meaning:
· Real Estate Broker is a company registered for real estate mediation activities
Real estate mediation is a term for real estate agent actions in a relationship between the buyer and a third party, as well
as negotiations and preparations for the conclusion of legal transactions that are subject to a particular property, especially
when purchasing, selling, renting etc.
· Real estate is a part of the earth's surface, together with everything that is permanently connected to the ground or below
it, in accordance with the general act on property ownership and other property rights.
· The principal is a a person, or a company, that concludes a mediation contract (seller, buyer, leaseholder, lessor, lessee and
other potential real estate mediation participants) with a real estate broker.
· A third person is the person whom the real estate agent intends to link with the principal for the conclusion of legal affairs
for which the property is subject.
· Brokerage Fee is the amount that the Principal has to pay to the Broker
Our offer is based on the information we receive from the seller. There is a possibility of errors in description, price of the
property and also the possibility that the advertised property is already sold, leased or the owner of the property has given
up on the sale.
Our offers and notices must be kept as a business secret and can only be handed over to a third party with our written
If the recipient of our offer is already acquainted with the real estate we have offered to him, he or she is obliged to notify
us in writing, by e-mail, by fax or by registered letter without delay.
REAL ESTATE PRICES
Real estate prices are expressed in euros and kunas.
The brokerage agreement obliges the mediator to connect the principal with the third person who would negotiate with
him on the conclusion of the contract and for that action obliges the principal to pay the broker his brokerage fee if that
contract is concluded.
The brokeage agreement (hereinafter referred to as the brokerage agreement) is concluded between the broker and the
The brokerage agreement must contain true and accurate information.
If a real estate has multiple owners, the written consent of all co-owners to sell the property is required.
By signing a brokerage agreement on real estate transactions, the broker undertakes to perform the following in particular:
1. find a person to connect with the principal for the purpose of concluding a mediated job,
2. familiarize the principal with the average market price of a similar real estate,
3. Perform an inspection of documents proving ownership or other right on the property in question and alerting the
principal to the obvious deficiencies and possible risks associated with the land registry problems, immovable property
rights or other rights that thirs parties hold over the real estate,
4. to perform the necessary actions for presenting real estate on the market, to advertise the property properly and to
perform all the other transactions agreed upon by the real estate brokerage agreement that exceeds the usual presentation,
for which he has the right to special pre-stated costs,
5.Enable real estate sight seeing,
6. Accelerate negotiations and strive to conclude a contract,7. to preserve the personal data of the Principal and to keep information on the real estate he mediates or in connection
with this property or the business he mediates, as a commercial secret,
8. if the subject of the contract is a land parcel, to check the use of the land in question in accordance with the applicable
regulations on spatial planning relating to land,
9. Inform the Principal of all circumstances relevant to the intended business that is known to him or must be known to him.
The broker is obliged to keep all the information he has learned by performing mediation, relating to the principal, the
property he mediates for in connection with that real estate or the business he mediates or which he or she makes on the
basis of special powers, as a business secret.
If he or she violates his or her obligation to keep the business secret, the broker is obliged to compensate the injured
parties for the damage they suffered due to the failure to disclose or keep the business secret.
The business secrecy is not considered to be violated if the protected information has been disclosed to the person with
whom the principal is trying to connect, and this was necessary for the broker to fulfill his obligation to mediate.
By signing a real estate brokerage agreement, the principal undertakes to do the following in particular:
1. Inform the broker about all the circumstances relevant to the provision of brokerage services and provide accurate real
2. give the broker access to all documents proving his ownership of the real estate, or another real right he holds on the
property subject to the contract,
3. provide the broker and a third person, interested in concluding a mediated business, access to the real estate,
4. after the conclusion of a mediated legal transaction, or a pre-merger committed to conclude a mediated legal transaction,
pay the broker his brokerage fee, unless otherwise agreed,
5.If it is expressly agreed to compensate the broker for the costs incurred during the mediation, which exceed the usual
6. Inform the broker in writing about all business-related changes authorized by the broker.
7. The principal is not obliged to enter into negotiations for the conclusion of a mediated contract with a third party that
the broker has found, nor to conclude a legal transaction, and the provision of the contract, which is otherwise contracted,
is null and void. Th principal will be liable for damages if he or she did not act in good faith.
The broker is entitled to a brokerage fee in the total amount of up to 6% + VAT (hereinafter: fee) but not less than 10.000,00kn.
The broker is entitled to the brokerage fee in full, immediately after the first legal act is concluded by the contractual party
(pre-contract or purchase contract).
The brokerage fee paid by the buyer for the mediation service when buying real estate is 3%, unless it is otherwise agreedupon.
The 3% fee is half of the total commission, while the other half of the commission is 3% chargeable to the seller, unless it is
otherwise agreed upon.
If the party itself offers the broker a fee higher than the negotiated one, the broker may receive such a higher fee, but
provided that it is not manifestly unbalanced with its services, the outcome of its work and the property of the party.
The broker may stipulate the right to reimburse the costs necessary for the execution of the order and to request advance
payment of funds for certain expenditure expenses.
In the case of mediation, in which the party, the principal or the third party, has found the person concerned, the broker
may, in accordance with his consensus, charge the actual costs incurred in connection with the business in question.
It is considered that the broker has allowed the principal to contact the other person on the negotiation of mediation,
provided that the principal has access to another person (physical or legal) with whom he has negotiated for the conclusion
of the legal transaction, and in particular:
- have taken or directed the principal or third person to visit the property in question;
- rganized the meeting between the principal and the other contractor for negotiating the legal transaction;
- communicated to the principal the name, telephone number, fax number of the other person authorized to conclude a legal transaction or to inform him of the exact location of the claimed real estate
Ordinary commission for one side: 3%
The lowest commission on one side is: 10.000,00 kn
When replacing, the commission is charged on each side according to the value of the
real estate that is acquired: 1-3 %
For rental / lease, the commission is charged on each contractual: One monthly rental fee
Unusual Commissions: According to Art. 12th
Business consulting services: 200 kn / hour
Services for obtaining certain documents from government offices: 200 kn / hour + charges for fees
TERMINATION OF THE AGREEMENT
The brokerage is concluded for a period of 12 months and expires on expiry of the term of the contract, unless the contract
for which the mediation applies is not concluded or in case that the brokerage agreement has been canceled by any of the
contracting parties. The principal will acknowledge the mediation even after the contract expires if the contact with the
third person started during the term of the brokerage agreement. Also, the principal, by paying the brokerage fee, agrees to
the broker terms.
If, prior to expiration of the contractual term, the principal terminates the contract unilaterally, he shall within 7 (seven)
days compensate the broker for all mediation costs incurred up to the termination of the contract.
When the contract ceases due to the expiration of time, the parties have no claim against each other. The principal is
obliged to reimburse the broker only with specifically contracted costs.
For relations that are not governed by these General Terms and Conditions or the brokerage agreement, the provisions of
the Act on Real Estate Mediation and the Act of Obligatory Relations apply.
Unless otherwise agreed, the court in Rovinj has jurisdiction over court proceedings.
In Rovinj, February 26 th 2021