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TERMS AND CONDITIONS

1. OPEN STATEMENTS

Article 1

  1. The Agency is a commercial company registered to conduct real estate brokerage activities, headquartered in the Republic of Croatia.

  2. The Agency is a commercial company with a valid license from the competent ministry and is registered with the Croatian Chamber of Commerce.

  3. These Terms define the business relationship between the Agency and the Principal (natural or legal persons).

  4. By concluding a brokerage agreement, the Principal confirms that they are familiar with and agree to the provisions of these Terms.

  5. The Terms are published on the Agency’s website: https://croatiarealestates.com.

2. GENERAL TERMS OF THE BROKERAGE AGREEMENT

Article 2

  1. These Terms govern the conclusion and content of the brokerage agreement, the rights and obligations of the Agency and the Principal, the amount of brokerage fees, termination of the agreement, and the use of the Agency’s website.

  2. These Terms constitute an integral part of every brokerage agreement.

3. TERMINOLOGY

Article 3
The terms used in these Terms have the meanings defined by the Real Estate Brokerage Act:
A. Agency/Broker – a licensed legal or natural person registered for brokerage services;
B. Brokerage – actions aimed at connecting the Principal and a third party to conclude a legal transaction;
C. Property – a land parcel and all permanently attached structures;
D. Principal – the person entering into a brokerage agreement (seller, buyer, etc.);
E. Third Party – a person introduced by the Agency to the Principal;
F. Brokerage Agreement – a written agreement between the Agency and the Principal.

4. BROKERAGE AGREEMENT

Article 4

  1. The brokerage agreement must be concluded in writing.

  2. The Agency undertakes to take actions to connect with a third party, and the Principal undertakes to pay a fee if a legal transaction is concluded.

  3. The agreement is concluded for a fixed period of three (3) years or until the sale/withdrawal of the property, with the possibility of extension.

  4. Termination is possible in writing.

  5. Unless otherwise specified, the provisions of the Obligations Act apply.

  6. The agreement must include information about the property, the fee, and any additional costs.

5. EXCLUSIVITY OF BROKERAGE

Article 5

  1. Unless otherwise agreed, brokerage is non-exclusive.

  2. In the case of exclusive brokerage, the Principal undertakes not to engage another agency.

  3. If the Principal, during the term of an exclusive agreement, independently or through another person concludes a legal transaction, they are obliged to pay the agreed brokerage fee to the Agency.

  4. The Agency will inform the Principal of the legal consequences of exclusivity.

6. TERMINATION OF THE AGREEMENT

Article 6

  1. The agreement terminates upon expiration if no transaction is concluded.

  2. It may be terminated by written notice.

  3. In the case of termination without justified reason or contrary to the principle of good faith, the Principal must reimburse the Agency for actual costs incurred (marketing, advertising, documentation, etc.).

  4. If the Principal concludes a transaction with a person introduced by the Agency within two (2) years after the termination, the full brokerage fee must be paid.

  5. These provisions also apply to exclusive agreements.

  6. If neither party terminates the Agreement in writing before the expiration of the term, it shall be deemed tacitly extended under the same conditions for the same period.

7. RIGHTS AND OBLIGATIONS

Article 7 – Obligations of the Agency
The Agency undertakes:

  1. Under the brokerage agreement, the Agency shall provide the following services:
    A. Attempt to find and connect with a third party interested in concluding a property sales agreement with the Principal;
    B. Inform the Principal of average prices for similar properties;
    C. Review all available documentation proving ownership or other rights over the property and inform the Principal of:

    1. Obvious defects and potential risks in dealing with a property lacking ownership rights;

    2. Registered real or other rights in favor of third parties;

    3. Legal consequences of failing to fulfill obligations to the Third Party;

    4. Pre-emption rights and legal restrictions on sale/purchase under special regulations;
      D. Take necessary steps to market the property, publish appropriate advertisements, and provide all other marketing services specified in the brokerage agreement beyond standard presentation, for which the Agency is entitled to a separate fee;
      E. Organize property viewings;
      F. Participate in negotiations and strive to conclude the sales agreement;
      G. Keep personal data of the Principal and information regarding the property as business secrets, including any agreements regarding the property if requested in writing by the Principal;
      H. If the property is land, verify its intended use according to planning regulations;
      I. Inform the Principal of all circumstances relevant to the intended transaction known or reasonably known to the Agency.

Article 8 – Obligations of the Principal
The Principal undertakes:

  1. By signing the brokerage agreement, the Principal agrees to:
    A. Inform the Agency of all circumstances relevant to the brokerage services and provide accurate data about the property, including, if possible, location, construction, and usage permits, and proof of fulfillment of obligations to third parties;
    B. Provide proof of ownership or other rights over the property and notify the Agency of all registered or unregistered liens or mortgages;
    C. Allow property viewings for the Agency and interested Third Parties;
    D. Provide relevant information about the property, including its description and price;
    E. Pay the agreed brokerage fee upon conclusion of pre-contracts, purchase agreements, or similar legal transactions transferring, acquiring, or modifying property rights (including deposit agreements) or when acquiring shares in a company owning the property;
    F. Cover any costs exceeding the standard brokerage fee if agreed in the brokerage contract;
    G. Notify the Agency in writing of any changes related to the property, especially ownership changes;
    H. Pay the agreed fee within 15 days of signing the relevant legal transaction.

Article 9
The Principal is not obliged to enter negotiations or conclude a transaction with a Third Party introduced by the Agency; any contrary clause in the brokerage agreement is void.

Article 10

  1. The Principal is liable for damages resulting from acting in bad faith and contrary to principles of honesty and conscience, and must reimburse the Agency for costs incurred in brokerage. These costs cannot be less than one-third nor exceed the brokerage fee.

  2. The fee does not include property purchase costs, such as attorney fees, notary fees, court fees, accounting fees, land registry and cadastral fees, property tax, VAT, etc.

Article 11
All travel costs outside the county or to islands are borne by the Principal, but will be reimbursed if a purchase agreement is concluded in accordance with these Terms.

7. AGENCY COMMISSION

Article 12

  1. In accordance with the Croatian Real Estate Brokerage Act, brokerage fees are freely determined by the brokerage agreement.

  2. The standard commission for services provided by this Agency is 3% (three percent) + VAT of the final agreed property value, but not less than €4,000 for the Buyer and €3,000 for the Seller.

  3. The Agency is entitled to the brokerage fee after fulfilling the following two cumulative conditions:
    A. At the time of signing the purchase (pre-)agreement or any other legal act resulting in the transfer of property ownership (including share transfers);
    B. Payment of any part of the purchase price or agreed fee to the Seller (e.g., total price, reservation deposit, first installment). If the purchase price is paid in stages, the brokerage fee follows the corresponding percentage of the payment stage.

  4. The Agency is entitled to the brokerage fee even if the fee is not precisely agreed. If the fee is not established by tariff, general regulation, agreement, or custom, it will be determined by the court according to the volume of work and services provided by the Agency.

  5. Croatian law does not differentiate between Buyer and Seller regarding the Principal. Accordingly, brokerage fees are payable by all Principals, both Buyer and Seller, unless otherwise stated.

Article 13

  1. When an agreement includes a termination clause, fulfilling the conditions does not affect the Agency’s right to the brokerage fee.

  2. In case of nullity of the agreement, the Agency retains the right to the brokerage fee if the cause of nullity is unknown to the Agency.

Article 14

  1. The Agency is entitled to brokerage fees for (pre-)agreements concluded with:
    A. The Principal, their spouse, partner, relatives in direct or collateral line up to the second degree, or any other close person (e.g., authorized person, employer, employee, or associate);
    B. A company established by the Principal or any of the persons listed in section (A), or if the Principal and any of the persons in (A) together hold more than 50% of shares, business stakes, or stock.

8. PROPERTY OFFERS, PRICES, AND VIEWINGS

Article 15

  1. The Agency’s property offers are based on information received in writing or orally from the Seller. The Agency reserves the right to errors in description and/or price due to inaccurate data provided by the Seller (e.g., if the property has already been sold or rented, or the Seller decided to withdraw the property from the market).
    The Agency is not responsible for:
    A. Any errors or negligence by the Principal, including false, inaccurate, untimely information, or failure to provide truthful and updated information about the properties or brokerage subject;
    B. Any errors or negligence by the Seller, especially omissions or damages caused by limitations and hidden defects of the property that the Principal knew or should have known but did not inform the Agency about.

Article 16

  1. Property prices are expressed in euros (EUR), and all payments, including purchase price, commission, and associated costs, are made in euros.

Article 17

  1. While the Agency will endeavor to show the property to a potential buyer at the agreed date and time, it is not responsible for occupancy or other third-party factors preventing the viewing. Any viewing fees will be communicated to the potential buyer in advance.

9. ACCEPTANCE OF PERFORMANCE

Article 18

  1. The brokerage agreement does not authorize the Agency to accept fulfillment of obligations under a (pre-)agreement on behalf of the Principal, except if the Principal provides a specific power of attorney for this purpose.

  2. The Principal is not obliged to negotiate or conclude a (pre-)agreement with a Third Party introduced by the Agency under the terms given to the Agency. However, the Principal will be liable for damages if acting contrary to the principles of honesty and good faith.

10. AGENCY WEBSITE

Article 19

  1. The Agency’s website domain is https://croatiarealestates.com. The website content is for general informational purposes only. Information may change without prior notice.

  2. Neither the Agency nor any third party guarantees the accuracy, performance, completeness, or suitability of the information and materials on the website. Users accept that information may contain inadvertent inaccuracies or errors, and use it at their own risk.

  3. The website contains materials owned or licensed by the Agency. According to copyright laws, permission must be obtained before reproduction. Trademarks not owned or licensed by the Agency are appropriately credited if applicable.

  4. Unauthorized use of the website may result in legal action and/or criminal liability. Croatian law applies to disputes arising from unauthorized use.

  5. Any links to other websites do not imply endorsement. The Agency is not responsible for content on linked websites.

11. PERSONAL DATA PROTECTION

Article 20

  1. In accordance with EU Directive 2016/679, the Agency complies with amendments to the Croatian Personal Data Protection Act. By accepting these Terms, the Principal agrees to the collection and use of personal data in agency agreements and documentation, in compliance with legal regulations.

12. FINAL PROVISIONS

Article 21

  1. Business relations not governed by these Terms or exclusive brokerage agreements are subject to the Croatian Real Estate Brokerage Act. If not specified, the Croatian Obligations Act applies.

  2. Provisions of these Terms apply to all agreements concluded before these Terms came into effect.

  3. Any disputes arising from or related to this Agreement are subject to the competent court in Dubrovnik, Croatia.

Article 22

  1. The Agency reserves the right to amend these Terms.