In accordance with Act on Real Estate Brokerage (Official Gazette no. 107/2007, 144/2012, 14/2014, 32/2019, hereinafter: the „Act“), in particular Article 18, company Boora d.o.o., PIN: 27544643668, with registered seat in Zagreb, Maksimirska cesta 98 (hereinafter: „Boora“), renders the following
GENERAL TERMS AND CONDITIONS OF BROKERAGE SERVICE
(hereinafter: „Terms and Conditions“)
I/ INTRODUCTION AND SUBJECT
1.1 Boora is a specialised and duly licensed real estate brokerage agency in Croatia, focused on buy-side brokerage of real estate transaction. Boora deals with clients who are both physical persons and legal entities.
1.2 These Terms and Conditions regulate the legal aspects between Boora and its clients as to their brokerage relation. Boora acts as the broker for clients intending to enter into a real estate transaction.
II/ APPLICABILITY OF TERMS AND CONDITIONS
2.1 These Terms and Conditions regulate the legal obligations of Boora and its clients. They apply when the client agrees in writing to use the services of Boora in relation with brokerage of real estate.
2.2 These Terms and Conditions are not intended as standalone document, rather a document of supplemental and subsidiary nature to the written agreement between Boora and each client. In case of collision of these Terms and Conditions with the written agreement between Boora and the client, such agreement shall prevail.
2.3 Entering into a written agreement with Boora assumes that the client is aware, agrees to, has read and comprehended these Terms and Conditions.
III/ OBLIGATION OF BOORA TOWARDS THE CLIENT
3.1 Boora undertakes to act professionally and with diligence when offering services to the client, in line with best practices and business customs.
3.2.1 The principal obligation of Boora towards the client is to find and establish contact between the client and the seller of the real estate for the purposes of negotiation and possible transaction in relation to properties listed for sale on the web platform operated by Boora.
3.2.2 While fulfilling the obligation from the previous provision, Boora shall:
- make available to the client information about properties listed for sale;
- acquaint the client about average prices for comparable properties in the area and discuss listed prices of the properties the client is interested in;
- obtain and inspect documents relevant for proving the duly registered ownership of the property;
- upon client's request, establish the first contact with the sellers of the listed properties;
- facilitate and coordinate the client's in-person viewing of the property;
- upon client’s request, recommend an independent law firm to provide advice on the transaction;
- upon client's request, assist in negotiation of the terms between the client and the seller, including passing on information about the client’s offers;
- if the target property is land for development, acquaint the client with the regulations for the usage of that land in accordance with official plans enacted by local authorities;
- acquaint the client of circumstances relevant for the envisaged transaction that Boora is aware or should be aware, including costs associated with the transaction (legal fees, public notary fees, court fees, taxes);
- keep personal data of the client diligently and in accordance with the applicable regulations, and upon written request by the client, keep as a business secret the information on the property being brokered or information in connection with that property or with the transaction;
- upon client's request, in other ways offer assistance, guidance and orientation to the client.
IV/ LIMITATIONS
4.1 Boora performs brokerage services. To that extent, Boora does not guarantee in any way, the fulfilment of legal obligations of the seller from the sale and purchase contract or pre-contract.
4.2 Boora is not responsible for any errors or omissions in information about the property, negligent behaviour by the sellers, omissions or damage caused by hidden defects of the property. Boora is not responsible for behaviour by the sellers, in particular for false, incorrect, untimely information, or omitting to provide true, correct, updated information on properties.
4.3 Boora does not provide legal services to the client.
V/ OBLIGATIONS OF THE CLIENT
5.1 The client's obligation is to pay the brokerage commission to Boora, which is due only is case the client enters into an agreement for sale with the seller whose property is listed on Boora's web platform, or otherwise presented to the client by Boora. Boora cannot claim any commission before the conclusion of the contract.
5.2.1 The brokerage commission is agreed in a separate individual brokerage agreement between Boora and the client. The brokerage commission does not include the costs related to the purchase process (i.e. legal fees, notary fees, court fees, tax or similar).
5.2.2 The commission is due regardless of whether the client enters into a sale and purchase pre-contract (a contract with an obligation to enter into a contract in the future), or a final sale and purchase contract, or pays the agreed down payment. The commission is in no way dependent on the fulfilment of the obligations from the contract by the buyer/seller.
5.2.3 The commission is due also in case when the contract is concluded by:
- client's spouse, partner, relative in a straight line (consanguinity) or in the side line (relative by marriage) to the second degree, life partner or any other person acting on behalf of or in any relation with the client (e.g. an authorized person of the client – legal person, an employer/employee or an associate) if the conclusion of the contract by that person can be reasonably attributed to the provided brokerage service;
- company established by the client or by any of the persons above, or if the client and any of the persons above together holds shares in the company, or otherwise controls the company.
5.2.4 For avoidance of any doubt, it is considered that Boora has duly executed its service, if the client found the property on the web platform operated by Boora, or gave the contact (e-mail, telephone number, name, surname or exact address), or facilitated, directly or indirectly, a meeting between the seller and the client. In any of such cases, provided that the contract or pre-contract between the client and the seller was entered into, the brokerage commission is due.
5.3 Croatian value added tax – VAT (currently 25%) may be added to the commission, if applicable to the client, in accordance with applicable laws.
5.4 The client is obliged neither to enter into negotiations for the brokered transaction with the seller nor to conclude a legal transaction; any provision governing otherwise shall be null and void.
VI/ COSTS AND EXPENSES
6.1.1 Apart from the brokerage commission, there are no additional costs or expenses charged by Boora to the client for the services listed above.
6.1.2 In case the client requests services outside of the scope of this agreement and Boora undertakes to provide such services, Boora shall notify the client in advance of the expenses and fees associated and be entitled to such fees and expenses if the client confirms his agreement to these costs in writing.
6.2 In case of purchase of the property, notary public expenses, court fees for registration of ownership and other costs regarding the conclusion or execution of a sales contract may occur.
6.3 In case of purchase of the property, the transaction may be subject to taxation in Croatia or other jurisdictions subject to the applicable laws. At the time of writing, the property transfer tax in Croatia applies to a buyer of the property and is 3%.
VII/ WEB PLATFORM
7.1 Boora's web platform Internet location in www.boora.hr.
7.2 The content of the web platform is a product of Boora's best efforts in providing general information for client's usage, but based on the information provided to Boora by third parties. Therefore, Boora does not guarantee as to the accuracy, completeness or suitability of the information and materials found or offered on the web platform. In using any of the provided content, the client accepts the possibility that such information and materials may contain unintentional inaccuracies, errors or is outdated.
7.3 Information on the web platform can be changed without prior notice.
7.4 Any possible link to another website does not mean that Boora endorses that website. Boora is not responsible for the content shown on the linked websites.
VIII/ DURATION AND TERMINATION
8.1 Unless stipulated otherwise, the duration of a brokerage agreement is 24 months.
8.2 Both parties may terminate the brokerage agreement by a written notice at any time, without cause. In case of termination for any reason, the client shall be obliged to pay commission to Boora if a sales contract is concluded with a person who was introduced to the client by Boora, provided that such an agreement is concluded within 12 months from the date of termination or expiry of the brokerage agreement, or the sales contract is a consequence of Boora's operations prior to the expiry or termination.
IX/ OTHER PROVISIONS
9.1.1 If any provision of agreements governing the brokerage relation between the parties turns out either null and void or shows a legal gap, this shall not affect the legal validity of other provisions governing the relation.
9.1.2 In such case, parties undertake to amend or supplement their agreement, without further delay. The amendment will be done with an appropriate provision that is closest to what the parties intended to agree on i.e., what would be the purpose and the economic sense of this relation, if they had in mind the nullity of the provision.
9.2 These Terms and Conditions are subject to Croatian law. All disputes arising from the brokerage relation shall be attempted to be settled amicably. If this is not possible, competent court in Zagreb shall have jurisdiction. Croatian law shall apply.
9.3 Amendments to these Articles shall have legal effect within 5 days form publishing on the web platform operated by Boora.
Version: 1.0
Date of last amendment: 08.03.2022