Terra Fortuna - Buying conditions

General bussiness terms with buyers

 
All conditions of buying a certain real estate are listed in the «Contract on intermediation in the real estate marketing» which the Agency sign with all the potential buyers of the real estates presented on this internet pages before inspecting certain real estate and introducing potential buyers to their owners.  
 

CONTRACT ON INTERMEDIATION IN BUYING A REAL ESTATE

Article 1

Parties in the contract 
The parties of this contract are Terra Fortuna d.o.o. from Split, Ruđera Boškovića 27, M.B. 2074893, association registrated for the intermediation affairs in real estates business (in the following text the Agency), and

(name and surname or the name of the firm, identification card or passaport number, or M.B.), in the following text the Buyer.

Article 2

Subject of the Contract 
This contract regulates the relations, and the terms of the behaviour between the Agency and the Buyer. With the signature of this contract the Buyer garantees that he understood all the articles and that he will obey them.

Article 3

Agency’s Obligations 
3.1 The Agency obligates itself to present to the Buyer all its offer of the real estates ( in the following text Real estates ), and search for a Real estate according to the needs and wishes of the Buyer, and present him all new Real estates in the offer which might satisfy his wishes. If the Buyer shows the interest for a certain Real estate, which is in the Agency's offer, The Agency obliges to intermediate in the negotiations between the Buyer and the seller and try to get an agreement between the two, on the marketing of that Real estate, which will satisfy both sides interested.  
 
3.2 The Agency is obliged to make all necessary documentation, like the pre-contract and the contract , needed for the realization of the marketing. With that aim it has the signed contract with all the sellers which oblige them to have all the necessary documents about the property ready for the inspection, specially the copy of the ownership certificate with the detailed description of the cadastral state of the Real estate together with the eventual propositions for cadastral registration of the nominated (taken leads on the cadastral department at the supervising Court for the Real estate), in order to inspect the real situation concerning the cadastral regulations.  
 
3.3 Real estates on the Agency's internet pages and the other advertising material are presented with the special questionaries filled in by the owners or the seller of the estate. With the signature on that questionaries the sellers garantee that the data presented are authentic. If there were some differences between the reality and the data presented the responsability is totally on the owner of the real estate .  
 
3.4 The Buyer can visit and inspect each Real estate presented on the Agency's internet pages or any sort of advertising material.  
 
3.5 Special sevices of the Agency are at the Buyer's disposal and he can use them to introspect the real estate even better. Those services the Buyer can use but is not obliged.

Article 4

Buyer’s Obligations 
4.1 The Buyer who inspected the Real estate through the intermediation of the Agency, and got to know the owners of the Real estate, obliges himself not to negotiate on the marketing of that Real estate with its sellers or some other legal or natural person in charge for that Real estate. Also he obliges not to negotiate the marketing of that Real estate with some other member of his family or some legal person without the intermediation of the Agency.  
 
4.2 If the Buyer, or his family members, friends or any legal person representing him buy this real estate presented by means of the Agency he obliges to pay 2% of agreed sales price of that Real estate.

Article 5

Intermediation Fee 
5.1 The Buyer obliges himself to pay to the Agency the intermediation's fee in the total of ______%, in letters: _______ percent, of agreed sales price of the Real estate. The Agency has the right to receive the intermediation fee in the moment of conclusion of the Preliminary contract or the Contract on buying the concerning Real estate.  
 
5.2 Alleged intermediation fee is in netto amount and the Government tax_-Croatian VAT- has to be added. 
 
5.3 If the payment of the fee is agreed, the nominated fee has to be payed on the Agency's account increased for the amount of the taxes-Croatian VAT. If the realisation of the Real estate marketing contract is not obtained and guilt is on the Seller, payed compensation has to be payed back to the Buyer. If the Buyer, after the paying the Agency’s fee gives up on the buying, it has to be payed back to the Seller, or retained if it is already payed.

Article 6

Other Regulations 
6.1 If the Buyer does not succeed in finding the adequate Real estate through the Agency, the same obliges himself not to broaden the bad reputation about the Agency publicly.  
 
6.2 The contract is concluded for the indefinite period of time. Both partners can cancel it in any moment in the written form (official letter or fax). The cancelation of the contract does not annihilate eventual preeliminary contract or the contract connected with the certain marketing already in the process. Also the Article 4.1 can not be annihilated.  
 
6.3 In the case of an argument the partners are in the jurysdiction of the Court in Split.  
 
6.4 The contract is written in two equal forms, in Croatian, English and in the official language of the Buyer's country, and both partners have to sign it by hand as proof that they agree with all the quoted Articles of this contract.