GENERAL BUSINESS TERMS
The real estate brokerage agency RESIDENT Nekretnine is registered as an authorized real estate broker in the Register of Brokers of the Croatian Chamber of Economy, under registration number 108/2023, registration number 98243705, and pursuant to the Real Estate Brokerage Act (Official Gazette no. 107/07, 144/12, 14/14, 32/19 and 69/26) adopts the following:
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Article 1
GENERAL PROVISIONS
The general terms and conditions of real estate brokerage (hereinafter: General Terms and Conditions) govern the business relationship between the real estate brokerage agency (hereinafter: Broker) and a natural or legal person (hereinafter: Principal) who concludes a written brokerage contract with the broker (hereinafter: Brokerage Contract). The General Terms and Conditions are an integral part of the brokerage contract concluded between the Broker and the Principal.
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Article 2.
INTERPRETATION OF TERMS
Individual terms within the meaning of these General Terms and Conditions have the following meanings:
The real estate broker is RESIDENT NEKRETNINE, a real estate brokerage business from Zagreb, Drage Gervaisa 8, OIB: 38804036890, which meets the requirements for performing real estate brokerage services set out in the Real Estate Brokerage Act (hereinafter referred to as: Broker).
A real estate brokerage agent is a natural person who is registered in the Register of Real Estate Brokerage Agents and as such is employed by the Broker (hereinafter referred to as: Agent).
Real estate brokerage is the activity of a real estate broker that involves connecting the principal and a third party, as well as negotiating and preparing for the conclusion of legal transactions involving a specific real estate, especially when purchasing, selling, exchanging, renting, leasing, etc.
A principal is a natural or legal person who concludes a written brokerage contract with a real estate broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions - hereinafter referred to as the Principal).
Real estate is a plot of land, together with everything that is permanently attached to the land on or below the surface in accordance with the provisions of the general regulations on ownership and other real
A third party is a person whom a real estate broker seeks to connect with the principal in order to negotiate the conclusion of legal transactions involving a specific real estate (hereinafter referred to as the Third Party).
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Article 3.
REAL ESTATE AGREEMENT
By the Real Estate Agency Agreement (hereinafter referred to as the Agreement), concluded between the Agent and the Principal, the Agent undertakes to seek to find and bring into contact with the Principal a Third Party for the purpose of negotiating and preparing for the conclusion of a specific legal transaction on the transfer or establishment of a specific right to real estate and/or in relation to real estate, and the Principal undertakes to pay him a certain brokerage fee (hereinafter referred to as the Fee) upon fulfillment of the agreed conditions.
The Agreement is concluded in writing and for a fixed period. If the contracting parties do not agree in the Agreement itself on the term for which they conclude the Agreement, it is deemed concluded for a period of 12 months from the date of conclusion and may be extended several times by agreement of the parties.
The Agent may transfer this Agreement to other agents, whereby the Principal remains in a contractual relationship only with the Agent with whom he concluded the Agreement.
The Mediation Agreement shall terminate upon the expiration of the term for which it was concluded if the legal transaction for which it was mediated has not been concluded within that period or upon termination by either party with a notice period of 30 (thirty) days, which notice must be sent to the other party in writing to the address specified in the Agreement or to the official e-mail of the Mediator.
Termination of the Agreement shall not be contrary to the principle of good faith and honesty and may not be premature or with the intention of depriving the Mediator of the right to the Fee, in which case the Mediator shall be entitled to the full amount of the Fee.
In the event of termination of the Agreement, the Principal shall be obliged to reimburse the Mediator for the costs incurred for which it was expressly agreed that the Principal would pay them separately, as well as those incurred by the Mediator as a result of the Principal's order or instruction.
If, after the termination of the Mediation Agreement, the Principal or his/her spouse/common-law partner, a person of his/her closest blood relationship, or a company, institution or other legal entity of which the Principal or one of the aforementioned persons is the founder or legal representative, or with which he/she has an employment contract or a contract for services, concludes a legal transaction that is a consequence of the Agent's actions before the termination of the Mediation Agreement, he/she is obliged to pay the Agent the entire amount of the Fee.
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Article 4.
CONTRACT ON EXCLUSIVE MEDIATION IN REAL ESTATE TRANSACTION
By the exclusive mediation contract, the Principal undertakes not to engage any other mediator for the mediated transaction.
If, during the term of the exclusive mediation contract, the Principal has concluded a legal transaction through another mediator other than the Mediator, for which the exclusive Mediator was given an order to mediate, he is obliged to pay the exclusive Mediator the agreed Fee as well as possible additional actual costs incurred during the mediation for the aforementioned mediated transaction.
When concluding the exclusive mediation contract, the Mediator is obliged to specifically warn the Principal of the meaning and legal consequences of the contractual clause from the previous paragraph.
An exclusive mediation contract concluded for a fixed period of time shall terminate upon the expiry of the term for which it was concluded if the contract for which the mediation was concluded has not been concluded within that period or upon cancellation by either of the contracting parties.
In the event of termination of the Exclusive Mediation Agreement for the reason specified in the previous paragraph, the Principal is obliged to compensate the Mediator for the costs incurred for which it was otherwise expressly agreed that the Principal would pay them separately.
If, after the termination of the concluded Exclusive Mediation Agreement, the Principal concludes a legal transaction that is a consequence of the Mediator's actions prior to the termination of the Exclusive Mediation Agreement, he is obliged to pay the Mediator the Fee in full.
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Article 5.
OBLIGATIONS OF THE BROKER
When mediating for the conclusion of a purchase and sale contract, rental contract or lease contract of real estate, the broker is obliged to perform the following in particular:
try to find and put in touch with the Principal a person for the purpose of concluding the mediated transaction,
inform the Principal of the average market price of a similar real estate,
obtain and inspect documents proving ownership or other real right to the subject real estate,
carry out the necessary actions to present the real estate on the market, advertise the real estate in an appropriate manner and carry out all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,
enable the inspection of the real estate,
mediate in negotiations and strive to conclude the contract, if he has specifically committed to doing so,
protect the personal data of the Principal and, upon the Principal's written order, keep as a business secret the data on the real estate for which he mediates or in in relation to that real estate or to the transaction for which he mediates,
if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations relating to that land,
inform the Principal of all circumstances relevant to the intended transaction that he is aware of or must be aware of,
inform the Principal of the provisions of the Act on the Prevention of Money Laundering and Financing of Terrorism (OG 108/17, 39/19, 151/22).
in cooperation with a lawyer, prepare draft contracts for the legal transaction for which he mediates.
If the intermediary, in agreement with the principal, performs other actions for him in relation to the transaction that is the subject of mediation, such actions will be separately agreed upon, as well as the type and amount of costs.
The intermediary is not liable for the failure to perform the obligations of the principal and a third party, and which obligations were assumed by the legal transaction concluded between the principal and a third party, and the subject of which legal transaction is the real estate for which the intermediary mediated.
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Article 6.
OBLIGATION OF THE PRINCIPAL
By concluding the Mediation Agreement with the Broker, the Principal assumes the following obligations:
to inform the Broker of all circumstances that are important for the performance of the mediation and to present accurate data on the real estate and, if he/she has one, to provide the Broker with a location, construction or use permit for the real estate that is the subject of the agreement and to provide the Broker with evidence of fulfilling obligations towards the Third Party,
to provide the Broker with documents that prove his/her ownership of the real estate, or other real right to the real estate that is the subject of the agreement and to warn the Broker of all registered and unregistered encumbrances that exist on the real estate,
to provide the Broker and a third party interested in concluding the mediated transaction with a viewing of the real estate,
to inform the Broker of all important data on the requested real estate, which in particular includes a description of the real estate and the price,
to pay the Broker the agreed fee that is paid for individual broker services described in the previous article of the General Terms and Conditions
to compensate The Broker shall pay the costs incurred during the mediation that exceed the usual mediation costs,
inform the Broker in writing of all changes related to the work for which he has authorized the Broker, and in particular of changes related to the ownership of the real estate.
The Principal is not obliged to enter into negotiations for concluding a mediated transaction with a Third Party found by the Broker, nor to conclude a legal transaction. The Principal shall be liable to the Broker for damages if he has not acted in good faith and shall be obliged to compensate all costs incurred during the mediation, which may not be less than 1/3 nor more than the agreed Fee.
The Principal shall be liable for damages if he has acted fraudulently, if he has concealed or provided incorrect information essential for the mediation business in order to complete the mediated transaction.
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Article 7.
BROKERAGE FEE
The amount of the brokerage fee is determined by the brokerage contract and is charged as a percentage of the total amount of the purchase price / rent / lease reached.
- SALES
Highest total commission 8%
- SALES
Commission for mediation when selling real estate (charged to the seller)
Highest commission 4%, but not less than €2,000.00
- PURCHASE
Commission for mediation when buying real estate (charged to the buyer)
Highest commission 4%, but not less than €2,000.00
The commission is charged to the buyer if it is agreed or the broker has received a written or oral order from the buyer to search for real estate
- RENTING AND LEASE – commission from the landlord and lessor
Percentage of monthly rent
100% – For a lease or lease term of 12 to 59 months
150% – Minimum for a lease or lease term of 60 months (5 years) and more
- RENTAL AND LEASING – commission from the lessee and lessee
Percentage of the monthly rent
100% – For a lease or lease term of 12 to 59 months
150% – Minimum for a lease or lease term of 60 months (5 years) and more
The commission is charged from the lessee and lessee if it is agreed or the agent has received a written or oral order from the lessee and lessee to search for the property
The agent may not charge a brokerage fee from a third party who acquires the role of buyer, lessee or lessee in a legal transaction and has not concluded a brokerage contract with the agent.
The agreed brokerage fee includes the performance of all actions of the Agent specified in Article 5 of the General Terms and Conditions.
In the event of performing actions not covered by Article 5 of the General Terms and Conditions, based on the request of the Principal, the latter is obliged, in addition to the fee for the brokerage hour spent, to reimburse the Broker for the actual costs of performing these actions.
Value added tax is not calculated on all fees because the Broker is exempt from VAT pursuant to Article 90, paragraph 2 of the VAT Act.
Withdrawal of the Principal or a Third Party with whom the Principal has concluded a preliminary contract regarding the real estate that is the subject of the brokerage, as well as withdrawal of the Principal or a person with whom the Principal has concluded a contract regarding the real estate that is the subject of the brokerage from fulfilling the concluded contract, do not affect the Principal's obligation to pay the Broker a brokerage fee in the amount and in the manner determined by this Article and the concluded brokerage contract.
The Principal is also obliged to pay the Fee when he has concluded a legal transaction with a Third Party, to whom the Agent has indicated him and with whom the Agent has brought him into contact, which is different from the one for which it was mediated, and which achieves the same purpose as the mediated transaction or the subject of which is the real estate that is the subject of the mediation.
The Agent is considered to have enabled the Principal to contact the Third Party if he has:
- directly taken or directed the Principal to view the real estate in question,
- organized a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of the legal transaction
- communicated to the Principal the name and surname, or company, telephone number, fax number, e-mail address of the Third Party
- Has informed a third party of the name and surname, or company, telephone number, fax number, e-mail address of the Principal or has informed him of the exact location of the requested property.
If the Principal cancels during the conclusion of the mediated transaction (after the Broker has submitted an acceptable offer), he is obliged to pay the Broker the amount of the agreed Fee.
The Brokerage Fee does not include the following costs borne by the Principal; translations by an authorized court interpreter of all documents relating to the subject of this contract, court fees for registration, pre-registration and recording, notary fees for verifying signatures on documents, costs of court fees or state stamps, certificates of identification, obtaining a construction and/or use permit as well as/or costs of obtaining other documentation from the competent court, state geodetic administration, bank, administrative departments of competent bodies of local and/or regional self-government units or all other bodies.
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Article 8.
PROTECTION OF PERSONAL DATA
By concluding the Agreement, the Principal confirms that he is aware that the Broker, as the manager of personal data processing, collects and processes personal data of the Principal's authorized persons solely for the purpose and needs of implementing this Agreement and hereby gives his explicit consent to the collection and processing of the data in question, in accordance with the provisions of the General Data Protection Regulation - Regulation (EU) 2016/679 and the Personal Data Protection Policy of RESIDENT Nekretnine, published on the Agency's website. Personal data is collected in writing when concluding the Agreement.
Data collected when concluding / amending or supplementing the Agreement (name and surname of the director or signatory for the Principal, address, date of birth, OIB, e-mail address and telephone number) are processed by electronically entering personal data into a computer and this data is stored in digital form, locked with a password.
The originals of the Contract are kept in physical form in special filing cabinets without the possibility of unauthorized access, and on the computers of the Agent in electronic form.
The specified data may not be used for any purpose other than that for which they were collected.
The data is kept for the duration of the Contract and after the termination of the Contract for the purpose of regulating legal relations arising from (termination of) the contractual relationship, or until the expiration of the appropriate limitation periods in accordance with special regulations governing the limitation period for the contractual relationship in question.
The Client authorizes the Agent to transfer the collected data to third parties in the event of a transfer of business, establishment of business relationships in the sense of business partnerships and similar relationships (especially for accounting and bookkeeping purposes).
The Client confirms by his signature that he was informed of the intention to use the personal data of the Agent and its employees before concluding the Contract. The Agent is obliged to handle personal data in accordance with the applicable legal regulations governing the protection of personal data at any time.
Persons authorized to represent the principal, signatories of the principal, as well as employees of the principal, all in the capacity of data subjects, may request from the Intermediary in the capacity of the manager and/or executor of the processing of personal data the exercise of all rights of data subjects in accordance with applicable legal regulations governing the protection of personal data.
Persons authorized to access personal data of persons authorized to represent the principal, personal data of signatories of the principal and employees of the principal are exclusively persons authorized by the Intermediary, in accordance with a special decision of the Intermediary.
The Intermediary will handle personal data in accordance with all applicable legal regulations, applying appropriate physical, technical and other security measures to protect personal data from unauthorized access, misuse, disclosure, loss or destruction.
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Article 9.
RESERVATION
The Broker is authorized by the Brokerage Agreement and a separate order to take over the agreed amount of money from the Principal or a Third Party for the agreed period of time for the reservation of the purchase, sale, lease or rental of the real estate that is the subject of the mediation (hereinafter referred to as: Reservation).
By taking over the Reservation during the agreed period of the Reservation, the real estate that is the subject of the mediation is no longer available for viewing by Third Parties nor is it offered as part of the Broker's offer.
If the mediated legal transaction is not concluded within the Reservation period, the real estate becomes available again for viewing by Third Parties and as part of the Broker's offer upon expiry of the period.
The Broker will proceed with the payment of the received amount of money for the Reservation in accordance with the separate order for taking over the reservation, whereby in the event that the mediated legal transaction is not concluded after the expiry of the Reservation period, the Broker is entitled to ½ of the amount received.
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Article 10.
ANONYMOUS PRINCIPAL
When the intermediary performs mediation services for a Principal who wishes to remain anonymous, the intermediary is not obliged or obligated to disclose the identity of the Principal to a Third Party who would like to conclude a legal transaction with the Principal until the conclusion of the legal transaction.
In the case referred to in the previous paragraph, the intermediary and the Third Party shall enter into a Confidentiality Agreement.
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Article 11.
FILING A COMPLAINT
The Principal has the right to file a complaint regarding the provision of services, a complaint about the quality of the service provided, and a complaint due to a violation of the provisions of the mediation agreement.
The principal shall file a complaint referred to in the previous paragraph of these General Terms and Conditions exclusively in writing to the address RESIDENT Nekretnine, Drage Gervaisa 8, Zagreb, or e-mail: info@resident.hr, upon receipt of which complaint, the complaint resolution procedure shall be carried out. The complaint must contain the facts and evidence on which it is based.
The Broker shall endeavor to resolve all disputes regarding complaints with the Clients as consumers amicably and out of court. The Broker shall be obliged to submit a written response to the Client on the merits of the complaint submitted under the previous paragraphs of these General Terms and Conditions within a maximum period of 20 (twenty) days from the date of receipt of the complaint.
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Article 12.
FINAL PROVISIONS
For anything not expressly provided for in these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act, the Anti-Money Laundering and Terrorism Financing Act and other applicable regulations shall apply.
The court in Zagreb shall have jurisdiction over legal disputes.
The General Terms and Conditions shall apply from 7 July 2026.
