The General Terms and Conditions regulate the business relationship between The Merit Agency (hereinafter: Merit Agency) as an intermediary and the principal (natural or legal person). By concluding the Brokering Agreement, the Principal confirms that they are familiar and agree with the terms and conditions of the Merit Agency.
The Principal is a legal or natural person who is a signatory of the Brokering Agreement or Brokerage Order. The Principal, according to these terms, is also a legal entity in which a natural person who, as a signatory of the Brokerage Agreement or brokerage order, has a share in ownership or has the authority to represent a legal entity even if a natural person has signed a Mediation Contract or Brokerage Order in their own name and for their own account. The natural person, as a signatory of the Brokering Agreement or the Brokerage Order for the incurred obligations, is liable jointly and severally with the legal person on behalf of which they signed the Brokerage Agreement or The Brokerage Order.
Merit Agency’s offer contains information received in writing or verbally, and is conditional on confirmation.
Merit Agency retains the possibility of error/misunderstanding in the description and price of the property that may arise due to incorrectly given data or changes in terms of sale that have not been submitted in writing, and the possibility that the advertised property has already been sold (or rented) or the owner has given up on the sale (or lent/lease).
Merit’s offers and notices must be kept secret by the recipient (the Principal) as a trade secret and may only be transferred to third parties with the written approval of the Merit Agency.
A legal transaction is considered concluded when the Principal and the third party have agreed on the subject matter of the contract and the price, i.e. at the time of concluding the contract, pre-contract and/or depositing the down payment for the brokered legal transaction. According to these conditions, the brokered legal transaction is also the one when the Principal concludes a contract, pre-contract and/or deposits a down payment with a third party, with whom the Broker has brought them into contact, for real estate owned by a third party or members of their family, although they are not explicitly stated on the Brokerage Agreement or The Brokerage List.
The brokerage fee includes cumulatively, and all the costs incurred by the Broker during brokering, and the Broker loses the right of reimbursement of the same costs by charging the brokerage fee.
This does not apply to costs for operations incurred when the broker, in agreement with the client, performs other services in connection with subject of brokering, which do not fall into the usual brokering activities.
The agreed brokerage fee does not include the costs of settling court fees for registration, pre-registration and recording, notary fees when certifying signatures on documents, settling fees for obtaining a title deed, copies of the cadastral plan, identification, mortgage transfer, mortgage removal fees, certificates and other documents related to the concluded legal transaction.
The Broker will also bear the costs of the usual legal service for the preparation of the Legal Contract for which they have mediated, but only if these services are performed by a lawyer with whom the Broker has a cooperation agreement.
The amount of brokerage fee for the sale, exchange, lease and rent of real estate is charged in accordance with the Brokerage Agreement.
The Merit Agency may agree on the right to reimbursement of costs necessary for the execution of the order and request that it be up-to-date for certain expenses.
The Principal is obliged to pay a fee to The Merit Agency even when they have concluded a legal transaction with the person with whom The Merit Agency has brought into contact, different from the one for which it was brokered, which is of the same value as the legal transaction, i.e. which achieves the same purpose as the brokered legal transaction.
The Post Scriptum Agency is entitled to compensation if the spouse or common-law partner, descendant or parent of the principal concludes a brokered legal transaction with the person with whom the agency of the principal has been linked.
The broker is not entitled to a brokering fee if they conclude a contract with the Principal himself as a party that was the subject of brokerage, or if such a contract with the Principal is concluded by an agent who performs brokering activities for the broker.
The fee of the The Merit Agency is 3% of the amount of the purchase price of the property.
The fee is charged from the buyer if it is contracted or if The Merit Agency received a written or oral order from the buyer to find real estate. The Merit Agency reserves the right to change the amount of the brokerage fee, which is precisely determined by the mediation agreement.
In the case in which The Merit Agency has an exclusive brokerage agreement, a commission is charged according to the amount agreed and stated in the contract.
The commission of The Merit Agency is 3% of the amount of the purchase price of the property. The Merit Agency reserves the right to change the amount of the brokerage fee, which is precisely determined by the mediation agreement.
In the case of principals with whom The Merit Agency has an exclusive brokerage agreement, the commission is charged according to the amount agreed and stated in the contract.
Merit Agency’s commission is 3% and is charged to each of the parties in the exchange, and the percentage is calculated from the value of the property acquired by the party through the exchange. The Merit Agency reserves the right to change the amount of the brokerage fee, which is precisely determined by the mediation agreement.
In the case of the Lease Agreement, the amount of one monthly rent from the Lesser/Lessee is charged.
The Merit Agency reserves the right to change the amount of the brokerage fee, which is precisely determined by the mediation agreement.
If the contracting parties do not agree on the duration of the Brokerage Agreement, the Real Estate Brokerage Agreement shall be deemed to have been concluded for a specified period of 12 months and may be extended several times with the agreement of the parties.
The brokerage agreement duration terminates upon the expiry of the agreed period, unless if the contract for which it was brokered has not been concluded within that period, or by the cancellation of any of the contracting parties. The Principal may cancel the brokerage order provided that the revocation is not contrary to the principle of conscientiousness. The cancellation of an order in this regard cannot be with the intention of depriving the broker of or knowingly damaging the right to compensation.
If the Principal, during the duration of the brokering order, or after its revocation, for no longer than two years, concludes a legal transaction with the person with whom the Broker has brought him into contact, or concludes it through another broker, who brought him into contact with a third party after the Broker, it will be considered that they acted contrary to conscientiousness (within the meaning of Article 12 of the Obligations Act), and is obliged to fully settle the brokerage fee. The Principal is obliged to compensate the Broker for the costs incurred for which it was otherwise expressly agreed that the Principal would pay separately.
If, within a period not longer than the duration of the concluded brokerage agreement, after the termination of that contract, the Principal concludes a legal transaction that is mainly a consequence of the broker’s action before the termination of the brokerage agreement, they are obliged to pay the brokerage fee in full.
Availability of The Merit Agency General Terms and Conditions
The General Terms and Conditions of The Merit Agency are available at the official premises of the The Merit Agency, Lovretska 14, 21000 Split, on the Broker’s website merit-property.hr,
General Provisions and Dispute Resolution
The provisions of the Real Estate Brokerage Act and the Civil Obligations Act apply to the relations between the Principal and the Agency arising from the brokerage agreement that are not regulated by these General Terms and Conditions or the Brokerage Agreement.
For possible disputes, the competent court in Split has jurisdiction
Merit Agency (TOK-ANA d.o.o. za nekretnine i usluge), Put Žnjana 14A, 21000 Split, OIB 00924398438, based on the Decision of the Ministry of Economy and Sustainable Development CLASS: UP/I-330-01/23-01/60, REG.NO.: 517-08-01-01-01-23-2 is a licensed and authorized agency that meets all the requirements for real estate brokerage. Merit Agency is registered in the Register of Real Estate Agents in the Republic of Croatia, which is maintained by the Croatian Chamber of Economy under the registration number 52/2023.
The main activity of the company is real estate brokerage with activity in the area of Splitsko-dalmatinska County, Šibensko-kninska County, Zadar County, islands and, if necessary, the entire Croatia.
We employ educated agents with many years of experience who attend to all administrative and technical tasks and participate in all segments of the process of buying, leasing and renting real estate.
We are available for the following services: