TERMS & CONDITIONS

The business relations between Hillberg d.o.o. and a physical or legal person (hereinafter referred to as: the Client) signing a Brokerage Contract with Hillberg d.o.o. shall be governed by the General Operating Conditions of Hillberg d.o.o.. Hillberg d.o.o. is an authorized company that meets the requirements for providing brokerage services in real estate business and is entered in the Register of Real Estate Agents at the Croatian Chamber of Commerce. The real estate agents employed in Hillberg d.o.o. are entered in the Directory of Real Estate Agents at the Croatian Chamber of Commerce.

BROKERAGE FOR THE LEASE

When a Lessor instructs Hillberg d.o.o. to act as a broker in the lease of his real estate, or when the Lessee instructs Hillberg d.o.o. to connect him with a person who would negotiate with him on the lease or when the Lessee instructs Hillberg d.o.o. to mediate in finding a suitable real estate for lease, Hillberg d.o.o. will sign with him a brokerage contract/order.

Hillberg d.o.o. shall be obliged to verify the ownership of the real estate being the subject of the lease, to organize a presentation of the subject real estate, to carry out negotiations necessary for reaching an agreement on the lease of the subject real estate, to broker the Lease Agreement, and to attend the handover of the real estate, at which occasion a handover protocol shall be made.

BROKERAGE FEE FOR THE LEASE

The amount of the brokerage fee shall be determined on the basis of the Price List of the Croatian Chamber of Commerce. The agency fee shall be paid when signing the Lease Agreement.
LETTING OUT – Commission from the Lessor:
- For a lease of 1 to 5 years: 100% of one monthly rent + VAT.
- For a lease of 5 years or more: 150% of one monthly rent + VAT.
The said fee shall represent a half of the total commission. The other half shall only be collected from the Lessee of the real estate.

TAKING ON LEASE – Commission from the Lessee:
- For a lease of 1 to 5 years: 100% of one monthly rent + VAT.
- For a lease of 5 years or more: 150% of one monthly rent + VAT.
The said fee shall represent a half of the total commission. The other half shall only be collected from the Lessor of the real estate.

BROKERAGE FOR THE SELLER

When the Seller instructs Hillberg d.o.o. to act as a broker in the sales of his real estate, Hillberg d.o.o. will sign with the Seller a brokerage contract/order. By signing the real estate brokerage contract, Hillberg d.o.o. particularly commits to carry out the following for the Seller (Client):
1. Try to find and connect with the Client a person with whom the brokered deal will be signed;
2. Inform the Client about the average market price of similar real properties;
3. Examine the documents proving ownership or other proprietary rights over the subject real estate and warn the Client about: obvious defects and possible risks in connection with the disorderly condition of the land-registry status of the real estate; registered proprietary rights or other rights of third parties to the real estate; legal consequences of failing to meet obligations to third parties; defects of building permit and inspection certificate under special law; details of the mandatory application of pre-emption rights and limitations in legal transactions under special regulations.
4. Take necessary actions in order to present the real estate in the market; advertise the real estate in a proper manner, and carry out any other actions agreed in the real estate brokerage contract that exceed usual presentation, for which Hillberg d.o.o. shall be entitled to compensation of special expenses, announced in advance;
5. Enable examining of real properties;
6. Mediate in negotiations and make efforts to enable signing of the contract;
7. If the subject real estate is land property, verify the purpose of the subject land property under the physical planning rules applicable to such land property.

BROKERAGE FEE FROM THE SELLER

The amount of the brokerage fee shall be determined on the basis of the Price List of the Croatian Chamber of Commerce. The agency fee shall be paid when signing the Preliminary Sales Contract.

For the brokerage services provided in sales of a real estate, the Seller shall pay to Hillberg d.o.o. a commission in the amount of 2% of the agreed sales price + VAT. The said fee shall represent one half of the total commission, while the other half of the commission can only be collected from the buyer of the real estate.

Hillberg d.o.o. retains the right to change the amount of the brokerage fee, which shall be specified in the brokerage contract. The amount of the total fee shall not exceed 6% of the sales price of the real estate + VAT.

BROKERAGE FOR THE BUYER

When the Buyer instructs Hillberg d.o.o. to connect him with the Seller of a real estate or when the Buyer instructs Hillberg d.o.o. to mediate in the purchase of a real estate, Hillberg d.o.o. shall sign a brokerage contract/order with the Buyer. By signing the real estate brokerage contract/order, Hillberg d.o.o. particularly commits to carry out the following for the Buyer (Client):
1. Produce to the Buyer the proof of ownership of the real estate being sold;
2. Organize verification of the signatures on the preliminary sales contract or sales contract at a notary public;
4. In case the sales price is paid partly or fully by using a bank loan, attend the solemnization of the loan agreement in a notary public’s office, after which the request for registration of the mortgage shall be submitted to the Land Registry Department of the competent court so that the mortgage can be registered;
5. After the mortgage is registered, deliver to the Buyer the registration certificate and land registry certificate with the mortgage entered;
6. Attend payment of the sales price and handover of the real estate, at which occasion a handover protocol shall be made;
7. Inform the Buyer on mandatory payment of capital transfer tax or on the conditions for exemption from capital transfer tax.

BROKERAGE FEE FROM THE BUYER

The amount of the brokerage fee shall be determined on the basis of the Price List of the Croatian Chamber of Commerce. The agency fee shall be paid when signing the Preliminary Sales Contract.

For the brokerage services provided in purchase of a real estate, the Seller shall pay to Hillberg d.o.o. a commission in the amount of 2% of the agreed sales price of the real estate + VAT. The said fee shall represent one half of the total commission, while the other half of the commission can only be collected from the Seller of the real estate.

Hillberg d.o.o. retains the right to change the amount of the brokerage fee, which shall be specified in the brokerage contract. The amount of the total fee shall not exceed 6% of the sales price of the real estate + VAT.


In Zagreb, 1 April, 2009.

Hillberg d.o.o.