General business conditions in real estate

Pursuant to the Real Estate Brokerage Act promulgated on October 10, 2007, PREMIUM NEKRETNINE with its registered office in Opatija, M. Tita 162/3, as a broker, issues the General Terms and Conditions for Brokerage.


Article 1.

The General Terms and Conditions of Real Estate Brokerage (hereinafter: General Terms and Conditions) regulate the principles and rules of conduct between the real estate brokerage agency (hereinafter: the Broker) and a natural or legal person (hereinafter: the Client) who enters into a written mediation agreement. The General Terms and Conditions are an integral part of the mediation contract concluded between the intermediary and the principal.
With these principles and rules of conduct in business, the intermediary fulfills its obligations to the profession, clients and its employees.

Article 2

Certain terms and names in the sense of these General Terms and Conditions have the following meaning:
Real estate agent - PREMIUM NEKRETNINE - Real estate agency, Maršala Tita 162/3, 51410 OPATIJA, OIB: 13024378588, owner: SAMIR-SVEN RAKOVIĆ, mag.oec
Real estate brokerage are the actions of real estate brokers concerning the connection of the principal and a third party and negotiations and preparations for concluding legal transactions which are the subject of a particular real estate, especially in the purchase, sale, exchange, lease, lease, etc.
Real estate is particles of the earth's surface, together with everything that is permanently connected to the land on the surface or
below it in accordance with the provisions of the general regulation on property and other real rights.
The principal is a natural or legal person who enters into a written brokerage agreement with a real estate agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate).
A third party is a person whom a real estate agent seeks to connect with the principal for the purpose of negotiating
concluding legal transactions which are the subject of a certain real estate.
Brokerage fee is the amount that the client is obliged to pay to the broker for brokerage services
Real estate prices are expressed in euros, and are payable in kuna equivalent.

Article 3

The real estate offer is based on data received in writing and orally by the client. There is a possibility of error in the description and price of the property and the possibility that the advertised property has already been sold, rented or the owner of the property has given up the sale.
The recipient (principal) must keep the offer and notices a business secret and may only pass them on to a third party with our written consent.
If the recipient of our offer is already familiar with the real estate we have offered him, he is obliged to inform us without delay in writing, by e-mail, fax or registered letter.

Article 4

In performing the mediation work, the mediator is obliged to act conscientiously and honestly and in accordance with good customs to build trust, protecting the interests of the client and the other party and to act impartially in order to carry out the work, taking into account the dignity of the mediation work.

Article 5

In order to protect the interests referred to in Article 4 of these Business Rules, a written mediation contract shall be concluded, which must contain the following essential elements:

1. information about the principal
2. details of the intermediary
3. data on the type and essential content of the work for which it is mediated
4. the amount of the mediation fee

The real estate brokerage agreement may also contain other instructions to the broker on the business for which he is brokering (eg term and terms of payment, fees, terms of securing payment of fees, duration of the lease agreement, special provisions and instructions on taking certain actions of broker and principal and similar.)

Article 6


The brokerage contract obliges the broker to bring in contact with the principal a person who would negotiate with him on the conclusion of the contract, and the principal undertakes to pay him a certain commission if the contract is concluded.
The mediation contract (hereinafter: the brokerage contract) is concluded between the mediator and the principal in writing.
The brokerage contract must contain true, accurate and complete information about the sale / purchase of the property.
If the mediation contract has not been signed, the principal is not obliged to pay a fee to the mediator, and all in the event that the mediator does not prove in some other way that he mediated in concluding the legal transaction.
At the insistence of the seller, the broker may, based on his verbal order, advertise the property on its website and record it in the brokerage diary, and when the potential buyer is interested in the property, he will inform the seller and sign a brokerage contract with the seller if the seller wanted to sign, while otherwise the broker is not obliged to bring the potential buyer in contact with the seller, all if the broker does not want to agree to mediation on the one hand or to charge his brokerage fee by the buyer based on a written or oral order of mediation with the buyer .
When selling a property that is co-owned by several persons, the written consent of all co-owners or representatives of all co-owners is required for the sale of the property in the form of acceptance of the brokerage agreement.


With the mediation contract, the principal may undertake not to hire any other intermediary for the mediated work (exclusive mediation).
Exclusive mediation is an obligation that must be contracted by a special mediation agreement.
If during the duration of the contract on exclusive mediation the principal concluded a legal transaction through the intermediary through another intermediary, for which the exclusive intermediary was given a mediation order, he is obliged to pay the intermediary the actual costs incurred during the mediation. If the amount of the brokerage fee is not agreed, the client is obliged to reimburse the broker for the actual costs incurred during the brokerage, which may not be higher than the brokerage fee for the brokerage job.
When concluding a contract on exclusive mediation, the mediator is obliged to warn the principal of the meaning and legal consequences of such a contract.


Article 7

The intermediary is obliged to take action with the care of a proper and conscientious businessman in terms of efforts to find and bring into contact with the principal a person who would negotiate a purchase or other contract aimed at transferring and acquiring ownership, which realizes the interest of the principal.

the mediator, with the cooperation and notification of the principal, undertakes to mediate in the negotiations, to try to reach an agreement and conclude a contract to the mutual satisfaction, to inform the order of the provider (seller / buyer) about the circumstances relevant for concluding the deal, provide legal support during the preparation of individual acts and submit the necessary documentation to the competent Land Registry Department of the Municipal Court for the purpose of registering the right of ownership upon the conclusion of the contract.
By signing a contract on real estate brokerage, the broker undertakes to perform in particular:

1. Try to find and contact a person with the client in order to conclude an intermediary deal
2. Familiarize the client with the average market value of real estate and give an opinion
3. Warn the client of any defects in the property with which he is familiar
4. Perform control of documents required for the validity of the mediated work
5. Inspect the documents proving the ownership or other real right on the real estate in question and warn the client of obvious deficiencies in the documents
6. Perform the necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner, as well as perform all other actions agreed in the real estate brokerage contract that exceed the usual presentation, for which he is entitled to special, pre-stated costs
7. Familiarize the client with all legal, tax and other obligations arising from the legal
transaction in respect of the property in question

8. If the subject of the contract is land, check the purpose of the land in question in accordance with the applicable regulations on spatial planning relating to that land,
9. Provide an overview of real estate
10. Mediate in negotiations and strive to reach an agreement to the mutual satisfaction of both parties
11. Keep personal data of the principal, and other data ordered by the principal as a business secret
12. Inform the client of all circumstances relevant to the intended work that are known to him or must be known to him

An intermediary shall be deemed to have enabled the principal to liaise with another person to negotiate a contract, if he has enabled the principal to enter into a relationship with another person (natural or legal) with whom he has negotiated a contract, and in particular if:
- directly took or sent the client or a third party to inspect the real estate in question;
- organized a meeting between the principal and the other contracting person in order to negotiate the conclusion of the deal;
- communicated to the client the name, email address, telephone / fax number of another person authorized to enter into a legal transaction or communicated to him the exact location of the requested real estate;

Article 8

The mediator is obliged to keep as a business secret all information that he learns while performing mediation activities, and relates to the client, the real estate for which he mediates or is related to that real estate or to the business for which he mediates or concludes on the basis of special authority.
If he violates his obligation to keep business secrets, the mediator is obliged to compensate the injured parties for the damage they have suffered due to the disclosure or non-preservation of business secrets.
It is not considered that the duty of professional secrecy has been violated if the intermediary discloses the data to persons with whom he seeks to contact the principal, and this was absolutely necessary for the intermediary to fulfill his obligation under the mediation contract concluded with the principal.


Article 9

By signing the contract on real estate brokerage, the client undertakes to perform in particular:

Inform the broker about all the circumstances that are important for the performance of the brokerage service and provide accurate information about the property
Give the broker all documents proving his ownership of the real estate, or other real right on the real estate that is the subject of the contract
Provide a broker and a third party interested in concluding the brokered deal by inspecting the property
After concluding the mediated legal deal, ie the pre-contract by which he undertook to conclude the mediated real deal, pay the mediator a mediation fee, unless otherwise agreed
If it is expressly agreed to reimburse the mediator for the costs incurred during the mediation, which exceed the usual costs of the mediation
Notify the broker in writing of any changes related to the work for which he has authorized the broker

The ordering party is not obliged to enter into negotiations for concluding a brokered deal with a third party found by the broker, nor to conclude a legal deal, and the provision of the contract which agreed otherwise is null and void.
The principal will be liable for damages if he has not acted in good faith.


Article 10

The broker is entitled to a brokerage fee in the total amount of 3% + VAT (hereinafter: the fee) in accordance with the valid price list and / or the Agreement on real estate brokerage. Exceptionally, which depends on the agreement between the Client and the Intermediary and is related to the greater complexity of representing the Intermediary, the fee may amount to more than 3% + VAT
The mediator is obliged to charge a fee determined by the mediation contract for his work.
The intermediary acquires the right to the intermediary fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (pre-contract or sales contract), unless otherwise agreed.
VAT is not included in the amount of the fee because the Broker is not in the VAT system.

Article 11

The brokerage fee paid by the buyer for the mediation service when buying real estate is 3% + VAT.
The stated fee of 3% + VAT represents half of the total commission, while the other half of the commission is exclusively payable from the seller of the real estate, all in accordance with the provisions of the Law on Obligations.

Article 12

If the party itself offers the mediator a fee higher than agreed, the mediator may receive such a reward, but provided that it is not in obvious disproportion to his services, the outcome of his work and the financial situation of the party.

Article 13

The intermediary may contract the right to reimbursement of the costs necessary for the execution of the order and request that funds be paid to it in advance for certain expenses for costs.

Article 14

In the case of mediation, in which the client party alone or through a third party has found an interested person, the mediator may, in accordance with his conscience, charge the actual costs incurred in connection with the business in question.


The mediator is obliged to charge a commission for the mediation.

The commission is charged as a percentage of the total purchase price achieved.

Regular total commission

6% + VAT

Real estate brokerage commission

3% + VAT, but not less than 2% + VAT

(charged from the seller). The discount can be realized only after multiple successful cooperation, and after 3 (and more) successfully realized sales.

For sales where the value of real estate was lower than € 30,000, a single tariff of HRK 7,500 is applied.

Brokerage commission when buying real estate

3% + VAT, but not less than 2% + VAT

(charged from the customer). The discount can be realized only after multiple successful cooperation, and after 3 (and more) successfully realized sales.

For sales where the value of real estate was lower than € 30,000, a single tariff of HRK 7,500 is applied.

When exchanging real estate, a commission is charged by each party in the exchange, and the percentage is calculated from the value of the real estate that the party acquired by exchanging

2-3% + VAT


RENTING AND LEASING - commission from the landlord and tenant

Percentage of monthly rent


75% + VAT

For rent or lease PP lasting from 1 to 5 years

100% + VAT

Minimum for rent or lease PP lasting 5 years and more

150% + VAT

RENTAL AND LEASE - commission from the landlord and tenant

Percentage of monthly rent

Minimum for rent

75% + VAT

Minimum for PP lease

100% + VAT

For rent or lease lasting from 1 to 5 years

100% + VAT

Minimum for rent or lease lasting 5 years or more

150% + VAT


Article 15

The intermediary must have adequate business premises in which he performs his activity, and must be available during office hours.
The mediator is obliged to record the items, store and keep the files entrusted to him by the parties.
It is recommended that the mediator use the legal assistance of a law firm, based on the agreed cooperation.


Article 16

The mediation contract is concluded for a period of 36 months and terminates upon the expiration of the term for which it was concluded, unless a contract for which mediation has been concluded has been concluded within that period or by termination of any of the contracting parties.
The Client will recognize the mediation even after the expiration of the contract if the contact with a third party was made during the contract.
If the client unilaterally terminates the contract before the expiration of the agreed term, he is obliged to reimburse the mediator for all mediation costs incurred until the termination of the contract within 7 (seven) days.
When the contract is terminated due to the expiration of time, the contracting parties have no claims against each other.
The principal is obliged to reimburse the intermediary for the costs incurred for which it was otherwise explicitly agreed that the principal pays them separately.
If within 2 years after the termination of the contract the principal enters into a legal transaction with the person with whom the intermediary connected him, and for whom the intermediary mediated during the validity of the contract he is obliged to pay the intermediary fee in full, unless otherwise agreed.


Article 17

For the relations between the intermediary and the agency and other persons concerned, which are not regulated by these General Terms and Conditions or the intermediary contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply.
The court in Rijeka has jurisdiction over court disputes, unless otherwise agreed.

Article 18 (GDPR)

By signing the brokerage contract, the client gives his explicit consent to the real estate agency PREMIUM NEKRETNINE to use the OIB, personal identification number and other data from the contract, and confirms that he has been informed about the use of data and agrees with the conditions.
PREMIUM NEKRETNINE Agency may use the above data for the purpose of identifying the client and protecting property interests in the business of PREMIUM NEKRETNINE.
The information is considered secret and cannot be disclosed to third parties, unless such information is necessary for the implementation of contractual and legal obligations.

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In application from 25.05.2018.