Terra Fortuna - Selling conditions

General bussiness terms with vendors

 
All terms of the presentation and selling of the certain real estate are listed in the „Contract on intermediation in the real estate business“ which the agency signs with all the owners of the real estates presented on these internet pages.  
 

CONTRACT ON INTERMEDIATION IN REAL ESTATES BUSINESS

Article 1

Parties in the Contract 
The parties in the contract are Terra Fortuna d.o.o. from Split, Ruđera Boškovića 27, M.B. 2074893, the society registered for the business affairs on intermediation in the real estates marketing (in the following text the Agency), and

(Name and surname or the name of the firm, ID card number or M.B.)

( in the following text the Seller), 
 
the owner of the real estate on the address (unit of the land):____________________ 
 
( in the following text the Real estate ).

Article 2

Subject of the Contract 
This contract regulates the relations, and the norms of behaviour between the Agency and the Seller (one or many of them ). With the signing of this contract the Seller garantees that he understood all the articles of the contract and that he will obey to them.

Article 3

Agency’s Obligations 
The Agency do business in the name and for the Seller's account, obligating itself to advertise the marketing of the offered Real estate on its internet pages and other advertising materials which it makes, and that it will try to find potential buyers, connect them with the Seller and eventually make an agreement on marketing, trade, loan or any other kind of business affair which would satisfy the Seller. For that purpose the Agency will make the photos of the Real estates offered and fill the special Questionaries about the Real estate ( in the following text the Questionaries ) with the agreement of the Real estate's Seller. Questionaries are constructive part of this contract. The Agency will give the legal support and prepare the necessary documents, pre-contract and the contract needed to realise the marketing of the real estate.

Article 4

Rights and Obligations of Seller 
4.1 The Seller can offer its Real estate on sale and sell it on its own, and by means of the other natural and legal persons if not agreed with the Agency to have an exclusive in sale (which means that the Seller obligates not to offer the Real estate on sale or sell it by means of some other natural or legal persons but only by means of the Agency).  
 
4.2 With the signing of the Questionaries the Seller confirms that all the alleged datas on the Real estate are authentic, complete and accurate. On the basis of that datas from the Questionaries and the photos made, the Real estate will be presented and offered on sale to the potential buyers. About all potential changes which might happen on the Real estate after the filling of the Questionary the Seller is obliged to inform the Agency immediately. If the difference between th real state and the datas presented on the Real estates will be determined in or after the marketing process, than all the damage which might be generated from that will be on the behold of the Seller, that means that all possible costs of the legal pursuit will be accounted to the Seller.  
 
4.3 The Seller will make the access to the Real estate free to all potential buyers who wish to inspect the Real estate offered. 
 
4.4. The Seller garantees to the Agency that the Real estate is exclusivly his (their) own property and that it has no registered or unregistered obligations or demandings of some third person to the Real estate. If there is an obligation or demanding of some third person toward the Real estate, the Seller will inform the Agency about the issue. The Seller is obliged to allow the insight into all the documents dealing with the Real estate possible. If there are more Sellers they all will be named in the Questionaries.  
 
4.5 All made photos, texts and commercials on the Agency's internet pages and other advertising materials are the Agency's property and the Seller of the Real estate can not use them in the private affairs or give them in usage to other natural or legal persons.  
 
4.6 The Seller obliges not to make a contact or negotiate on his own on Real estate's marketing with the potential buyers, members of his family or friends who showed the interest for the Seller's Real estate and got the information on that Real estate by the means of the Agency. If that happens and the Seller makes the agreement on his own account, with the buyers, members of his family or friends who showed the interest, he is obliged to pay to the Agency 2% of the total sales price.  
 
4. 7 If the Seller suceeds in selling the Real estate on his own or by intermediation of some other persons he is obliged to inform the Agency immediately so it can free the Real estate out of its offer.

Article 5

Price 
The Seller negotiates the price of the Real estate with the Agency. That price will be alleged in the Questionaries. The Seller obligates that the price won't be bigger than the price offered on his own to some other natural or legal persons also involved in intemediation of selling the Real estate.  
 
If the Seller decides to change the price of the Real estate offered on sale he is obliged to inform the Agency immediately.

Article 6

Provision 
6.1 The Seller obligates himself, in the case of agreement on the marketing of the Real estate with the buyer, to pay to the Agency the provision in the total amount of ____ ______%, (in letters _______ _______________percent), of the total sales price ( or the agreed value of the Real estate in the case that it changes the owner by the other legal business) and immediately after the signing the marketing contract, pre-contract or some similar legal document, and after the reception of the first amount of money for the sake of the down payment or buying.  
 
6.2 The provision is expressed in netto amount and the Government taxes have to be added. 
 
6.3 If down payment is agreed, it should be payed on the Agency's account. From that amount the Agency will retain its agreed provision and proceed the difference on the Seller's account in the period of 48 hours after the receiving the money.  
 
6.4 If the marketing does not comes to the realization and the buyer gives up on buying the Real estate, because of his private reasons, the Agency will pay the retained provision to the Seller's account. If the Seller gives up on selling the Real estate after the signing of the sales pre-contract, he is obliged to pay back all eventually payed money to the Agency and pay the Agency 2% of the total amount of agreed sales price. If the buyer gives up on marketing of the Real estate after the signing of the pre-contract or the final contract because of the confirmed untrue facts on the Real estate presented by the Seller, the Seller is obliged to pay back all payed money to the Agency and give to the Agency agreed 2% out of the total amount of the agreed sales price.

Article 7

Taxes 
The necessary Government taxes-Croatian VAT pays the buyer if not agreed otherwise.

Article 8

Other Regulations 
8.1 If the Real estate does not come to the selling by means of the Agency the Seller obliges not to tell negative information about the Agency publically.  
 
8.2 If the exclusive selling is agreed, the Seller will confirm that with the special statement. 
 
8.3 The contract will be made for an unlimited period of time. Both parties can cancel it in any moment in the written form (in official letter form or with a fax). The canceling of the contract does not annihilate eventual signed pre-contract or final contract bonded with the certain marketing in the process. Also it does not annihilate the Article 4.6 of this contract.  
 
8.3 In the case of the legal disagreement, the court in Split is in charge. 
 
8.4 The contract is written in two identical copies, and the parties have to sign it by handwritting, as the sign that they agree with all the Articles of the Contract.