OPĆI UVJETI POSLOVANJA U POSREDOVANJU U PROMETU NEKRETNINA/ GENERAL TERMS AND CONDITIONS OF REAL EST

OPĆI UVJETI POSLOVANJA U POSREDOVANJU U PROMETU NEKRETNINA/ GENERAL TERMS AND CONDITIONS OF REAL EST

GENERAL TERMS AND CONDITIONS OF REAL ESTATE BROKERAGE

pursuant to the Real Estate Brokerage Act (Official Gazette No. 69/2026)

Broker: ŽELJA d.o.o.
Registered office: Ive Miličića 4, 21450 Hvar, Croatia
OIB (Personal Identification Number): 76234155475
Registration number in the Register of Real Estate Brokers: 491/2009
VAT: The Broker is registered for VAT; VAT is charged at the applicable statutory rate.

I. GENERAL PROVISIONS

These General Terms and Conditions govern the business relationship between ŽELJA d.o.o., Ive Miličića 4, 21450 Hvar, Croatia, OIB: 76234155475, registration number in the Register of Real Estate Brokers: 491/2009 (hereinafter: the Broker), and any natural or legal person entering into a brokerage agreement with the Broker (hereinafter: the Principal).

Real estate brokerage includes activities performed by the Broker relating to bringing the Principal into contact with a third party, negotiations and preparatory activities aimed at concluding legal transactions concerning a specific property or a right relating to a property, particularly the sale, purchase, exchange, lease or rental of real estate.

These General Terms and Conditions shall apply in accordance with the Real Estate Brokerage Act (Official Gazette No. 69/2026), the Civil Obligations Act and other applicable regulations of the Republic of Croatia.

Brokerage services shall be provided on the basis of a written brokerage agreement concluded for a fixed term. If the parties do not agree on the duration of the agreement, the agreement shall be deemed to have been concluded for a period of 12 months.

The Broker’s valid Price List applicable at the time the brokerage agreement is concluded, indicating the relevant date and year and forming the basis for determining the brokerage fee, shall constitute an integral part of the brokerage agreement and shall be signed by the Broker and the Principal.

II. BROKERAGE SERVICES INCLUDED IN THE BROKERAGE FEE

Depending on the type of brokerage agreed upon, the Broker shall in particular:

endeavour to find and bring the Principal into contact with a third party for the purpose of negotiating and concluding the intermediated legal transaction;
inform the Principal of the average market price of comparable real estate;
obtain and inspect documents proving ownership or another real right in respect of the property concerned;
verify the available land registry, cadastral and other publicly available information concerning the property that is relevant to the intermediated transaction;
where the subject of brokerage is land, verify its designated use in accordance with spatial planning regulations;
undertake the necessary activities to present and market the property and advertise it in an appropriate manner;
organise communication and property viewings and bring the Principal into contact with interested third parties;
participate in negotiations and undertake preparatory activities necessary for concluding the intermediated legal transaction;
inform the Principal of all circumstances relevant to the intended transaction which are known or ought to be known to the Broker;
protect the Principal’s personal data and, upon the Principal’s written instruction, treat information concerning the property and the transaction as a business secret.

The above services constitute standard brokerage services and are included in the agreed brokerage fee, except for activities expressly designated in the brokerage agreement or the Price List as additional services or separate costs.

When performing brokerage activities, the Broker shall act with due professional care and in accordance with the rules and customs of the profession.

III. ADVERTISING AND PROPERTY VIEWINGS

The Broker may advertise a property only on the basis of a previously concluded brokerage agreement with the owner of the property.

When advertising a property, the Broker shall state its company name and registered office address and, where applicable, the addresses of its branch offices or a link containing such addresses, in accordance with the applicable law.

The Broker may not make a property viewing by a third party conditional upon the prior conclusion of a brokerage agreement.

When a property is viewed through the Broker, a Property Viewing Confirmation shall be signed, serving as evidence to the Principal that the Broker or real estate agent has shown the property to a particular third party.

The Property Viewing Confirmation does not constitute a brokerage agreement and may not contain any provision obliging the third party to pay a brokerage fee.

Property viewings and the issuance of a Property Viewing Confirmation are free of charge.

IV. OBLIGATIONS OF THE PRINCIPAL

The Principal shall:

inform the Broker of all circumstances relevant to the brokerage services and provide accurate information concerning the property;
where available, provide the Broker with the location permit, building permit, occupancy permit, location information and any other documents relevant to the intermediated transaction;
provide the Broker with documents proving ownership or another real right in respect of the property and inform the Broker of all registered and unregistered encumbrances and third-party rights;
enable the Broker and interested third parties to view the property;
inform the Broker of the asking price, rent or lease amount and other material terms of the intended legal transaction;
promptly notify the Broker in writing of any changes to information relevant to the transaction, particularly any change in ownership, price, rent, lease amount or intention to dispose of the property;
pay the agreed brokerage fee once the statutory and contractual conditions for payment have been met and pay any additional costs separately agreed in advance.

The Principal is not obliged to enter into negotiations or conclude a legal transaction with a third party introduced by the Broker.

V. BROKERAGE FEE

The amount of the brokerage fee shall be determined in the brokerage agreement on the basis of the Broker’s valid Price List.

The Broker shall become entitled to the brokerage fee only upon conclusion of the agreement for which the Broker provided brokerage services, or upon conclusion of a preliminary agreement only where the brokerage agreement expressly provides that entitlement to the brokerage fee arises upon conclusion of such preliminary agreement.

The Broker may not request partial or full payment of the brokerage fee in advance, before entitlement to the fee arises in accordance with the applicable law and the brokerage agreement.

BROKERAGE FOR THE SALE OF REAL ESTATE

The brokerage fee amounts to 3.00% + VAT of the final purchase price and is payable by the seller who has entered into a brokerage agreement with the Broker.

BROKERAGE FOR THE PURCHASE OF REAL ESTATE

The brokerage fee amounts to 3.00% + VAT of the final purchase price and is payable by the buyer only where the buyer has entered into a separate brokerage agreement with the Broker.

MINIMUM BROKERAGE FEE

For lower-value properties, a minimum brokerage fee of EUR 1,200.00 + VAT, i.e. EUR 1,500.00 including VAT, shall apply.

RENTAL / LEASE FOR A PERIOD OF 1 TO 5 YEARS

The brokerage fee amounts to one monthly rent or lease payment + VAT, payable as a one-off fee by the Principal.

RENTAL / LEASE FOR A PERIOD EXCEEDING 5 YEARS

The brokerage fee amounts to two monthly rent or lease payments + VAT, payable as a one-off fee by the Principal.

MAXIMUM BROKERAGE FEE FOR THE SAME PROPERTY

For the purchase and sale of real estate, the maximum aggregate brokerage fee for the same property shall amount to 6.00% + VAT of the final purchase price.

Where the Broker has entered into separate brokerage agreements with both the seller and the buyer in relation to the same property and it has been agreed that both parties shall pay a brokerage fee, the aggregate amount of brokerage fees charged to both parties may not exceed the above maximum amount.

A brokerage fee may not be charged to a third party acting as a buyer, tenant, lessee or in another corresponding capacity in the legal transaction unless that person has entered into a brokerage agreement with the Broker.

VI. BROKERAGE FOR BOTH PARTIES

The Broker may act as broker for both parties in relation to the same property only if a separate brokerage agreement has been concluded with each party.

Where the Broker has concluded brokerage agreements with two Principals in relation to the same property and it has been agreed that both parties shall pay a brokerage fee, the aggregate amount of brokerage fees charged to both Principals may not exceed the maximum brokerage fee specified in the applicable Price List for that type of brokerage.

Where the Broker has concluded brokerage agreements with two Principals in relation to the same property but it has been agreed that the brokerage fee shall be paid by only one party, the Broker may charge that party no more than one half of the maximum brokerage fee specified in the applicable Price List.

Before concluding the brokerage agreement, the Broker shall inform the parties in writing of the amount of the individual brokerage fees and their aggregate amount.

VII. ADDITIONAL SERVICES AND SEPARATE COSTS

Costs of additional services not included in standard brokerage services may be charged at their actual cost only if separately agreed with the Principal in advance.

Advertising and Marketing Outside the Standard Package

Additional advertising and marketing exceeding the standard presentation and advertising of the property included in the brokerage fee shall be charged at the actual cost charged by external advertising providers, exclusively subject to the Principal’s prior written agreement.

Such costs shall be borne by the Principal who ordered the additional service.

Additional Documentation

Obtaining additional documentation at the Principal’s specific request shall be charged at the actual cost of notarial, court, administrative and other fees or external services, provided that such costs have been separately agreed in advance.

Such costs shall be borne by the Principal who ordered the additional service.

The costs of lawyers, notaries public, certified court interpreters, surveyors, architects, energy performance certifiers and other professional or authorised third parties are not included in the standard brokerage fee unless expressly agreed otherwise in the individual brokerage agreement.

The Broker shall not charge the Principal for any additional service or cost that has not been separately agreed in advance.

VIII. EXCLUSIVE BROKERAGE

Exclusive brokerage shall apply only where expressly agreed in a written brokerage agreement.

Under an exclusive brokerage agreement, the Principal undertakes not to engage another broker for the transaction covered by the agreement.

Before entering into an exclusive brokerage agreement, the Broker shall inform the Principal of the legal effects and consequences of the exclusivity clause.

If, during the term of an exclusive brokerage agreement, the Principal concludes the relevant legal transaction through another broker in relation to a transaction for which the Principal instructed the exclusive Broker, the Principal shall be obliged to pay the agreed brokerage fee to the exclusive Broker and reimburse any additional actual costs incurred during the brokerage process, in accordance with the applicable law and the brokerage agreement.

IX. TERMINATION OF THE BROKERAGE AGREEMENT

A brokerage agreement concluded for a fixed term shall terminate upon expiry of the period for which it was concluded if the transaction for which brokerage services were provided has not been concluded within that period, or upon termination by either party.

Following termination of the brokerage agreement, the Principal shall be obliged to reimburse the Broker only for those costs which were expressly agreed to be separately payable by the Principal.

If, following termination of the brokerage agreement, the Principal concludes a legal transaction as a result of the Broker’s activities undertaken before termination of the agreement, the Principal shall be obliged to pay the Broker the brokerage fee in full, unless otherwise expressly agreed where permitted by law.

X. TRANSFER OF THE BROKERAGE AGREEMENT

The Broker may transfer the brokerage agreement to another broker only where such transfer has been expressly agreed between the Broker and the Principal.

In the event of such transfer, the Principal shall remain in a contractual relationship exclusively with the Broker with whom the Principal concluded the brokerage agreement.

The Broker shall provide the Principal with a written list of brokers to whom the brokerage agreement has been transferred.

XI. PERSONAL DATA PROTECTION AND BUSINESS SECRECY

The Broker shall process personal data in accordance with applicable personal data protection legislation and only to the extent necessary for the provision of brokerage services, performance of the agreement and fulfilment of statutory obligations.

The Broker shall protect the Principal’s personal data and, upon the Principal’s written instruction, treat information concerning the property and the transaction as a business secret, except where disclosure is required by law or necessary for the performance of the agreed services.

XII. PRICE LIST

The valid Price List for real estate brokerage services constitutes an integral part of these General Terms and Conditions and of the brokerage agreement.

The amount of the brokerage fee applicable to an individual transaction shall be determined in the brokerage agreement on the basis of the Price List valid at the time the agreement is concluded.

The Price List indicating the relevant date and year, on the basis of which the brokerage fee has been agreed, shall be signed by the Broker and the Principal.

Where an individual brokerage agreement provides for a fee lower than the maximum fee specified in the Price List, the fee agreed in the individual brokerage agreement shall apply.

XIII. FINAL PROVISIONS

These General Terms and Conditions and the applicable Price List shall constitute an integral part of the brokerage agreement where they have been made available to the Principal and are referred to in the agreement.

In the event of any inconsistency between an individual brokerage agreement and these General Terms and Conditions, the provisions of the individual brokerage agreement shall prevail, subject to the mandatory provisions of the Real Estate Brokerage Act and other applicable legislation.

The Broker shall display these General Terms and Conditions in a visible and accessible place at its registered office, branch offices and separate business premises and shall comply with them in the course of its business activities.

Any matters not regulated by these General Terms and Conditions shall be governed by the Real Estate Brokerage Act (Official Gazette No. 69/2026), the Civil Obligations Act and other applicable laws and regulations of the Republic of Croatia.

These General Terms and Conditions shall apply from 7 July 2026.