General business terms

Pursuant to the provisions of the Real Estate Brokerage Act (Official Gazette; 107/07, 144/12, 14/14, 32/19), the company RELAX NEKRETNINE d.o.o. with its registered office in Novi Vinodolski, Kralja Zvonimira 89, OIB: 52342883304, represented by the director of the company Ana-Maria Peica Butković, OIB: 56737289380, (hereinafter: the intermediary),

in Rijeka, on November 11, 2021, adopts the following General Terms and Conditions,
  General provisions The General Terms and Conditions of Real Estate Brokers (hereinafter: the General Terms and Conditions) regulate the business relationship between the real estate brokerage agency (hereinafter: the broker) and the natural / legal person (hereinafter: the principal) who enters into an Agreement with the broker. on real estate brokerage.

The General Terms and Conditions are an integral part of the Real Estate Brokerage Agreement concluded between the broker and the principal.

By concluding the Brokerage Agreement, the Client confirms that he is familiar with and agrees with all the provisions of the General Terms and Conditions of the Broker.

Meaning of terms contained in the General Terms and Conditions
  Certain terms in the sense of the Real Estate Brokerage Act and the General Terms and Conditions have the following meanings;

• A real estate broker is a company, sole trader or craftsman, registered to perform real estate brokerage activities based in the territory of the Republic of Croatia. A real estate agent is also a company, sole trader or craftsman, registered to perform real estate brokerage activities which has its registered office in the territory of a Contracting State to the Treaty on the European Economic Area.
• A real estate brokerage agent is a natural person who is entered in the Directory of Real Estate Brokerage Agents (hereinafter: the Agent).
• Real estate brokerage is 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 when buying, selling, exchanging, renting, leasing, etc.
• Real estate is a plot of land, together with everything that is permanently connected to the land on or below the surface in accordance with the provisions of the general regulation on ownership and other real rights.
• The Client is a natural or legal person who enters into a written Real Estate Brokerage Agreement with the real estate agent (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in the real estate transaction).
• A third party is a person whom a real estate agent seeks to connect with the principal in order to negotiate the conclusion of legal transactions which are the subject of a particular real estate.
• A real estate brokerage contract is a written document by which the broker undertakes to try to find and bring a person in contact with the client in order to negotiate and conclude a certain legal transaction on the transfer or establishment of a certain right to real estate, and the client undertakes to pay compensation if that legal transaction is concluded.
• An Exclusive / Exclusive Real Estate Brokerage Agreement is a written document by which the principal undertakes not to hire any other broker for the brokerage business. If during the duration of the Agreement on Exclusive Real Estate Brokerage the Client has entered into a legal transaction through an intermediary through another intermediary, and for which the exclusive intermediary was given a brokerage order, he is obliged to pay the exclusive intermediary the agreed brokerage fee and possible additional actual costs incurred during mediation for the said mediated business. When concluding the Agreement on Exclusive Real Estate Brokerage, the broker is obliged to warn the client of the meaning and legal consequences of this clause.
• Intermediary fee is the amount that the principal undertook to pay to the intermediary for the performed mediation service.

Real estate offer The real estate offer of the intermediary is based on information received in writing or orally by the principal and is conditioned by a certificate.
The intermediary disclaims responsibility for possible errors in real estate advertisements in the case of untimely notification of the client about the price reduction, possible cancellation of the sale / lease, the realized sale / lease, as well as in case of failure of relevant information about the real estate from the offer.
The client's real estate offer and / or information must be kept confidential (as a business secret) and may only be transferred to another natural and / or legal person with the written consent of the intermediary.
If the client is already aware of the real estate that is the subject of the Real Estate Brokerage Agreement, he is obliged to inform the broker without delay in writing, by e-mail or registered mail.

Real estate price Real estate prices are expressed in euros, and are payable in kuna equivalent according to the middle exchange rate of the CNB.

Real estate brokerage agreement The real estate brokerage contract obliges the broker to try to find and contact a person to negotiate and conclude a certain legal transaction on the transfer or establishment of a certain right to real estate, and the client undertakes to pay him a certain brokerage fee if that legal the deal is done.

The contract on real estate brokerage is concluded in writing and for a certain period of time.

The Real Estate Brokerage Agreement concluded between the broker and the principal must contain information on the broker, the principal, the type and essential content of the work for which the broker mediates, the amount of the brokerage fee and possible additional costs incurred when the broker in agreement with the principal care and other services related to the job that is the subject of mediation.

The real estate brokerage contract may also contain other information related to the business for which the brokerage is being provided (eg deadline and conditions for payment of brokerage fees, information on liability insurance, conditions for insurance payment of brokerage fees, etc.).

Obligations of the intermediary When concluding the Agreement on Real Estate Brokerage with the Client, the intermediary undertakes to perform the following in particular with the care of a proper and conscientious businessman;

• try to find and bring in contact with the client a person for the purpose of concluding a brokered deal,
• to acquaint the client with the average market price of similar real estate,
• obtain and inspect documents proving ownership or other real right to the real estate in question, and warn the client of obvious deficiencies and possible risks related to the unregulated land registry condition of the real estate, recorded real rights or other rights of third parties to the real estate
• perform the necessary actions for the presentation of real estate on the market, advertise the property in an appropriate manner and perform all other actions agreed in the Agreement on real estate brokerage that exceed the usual presentation, for which he is entitled to special, pre-stated costs,
• enable inspection of real estate,
• mediate in the negotiations and strive to conclude a pre-contract / agreement, if he / she has specifically undertaken to do so,
• to keep the personal data of the principal and, upon a written order of the principal, to keep as a business secret the data on the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
• if the subject of the contract is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to that land,
• inform the client of all circumstances relevant to the intended work that are known to him or must be known to him,
• perform other necessary negotiations and preparatory actions for concluding a legal transaction related to real estate brokerage.

If the intermediary, in agreement with the principal, performs for him other actions related to the work that is the subject of mediation, he will specifically agree on the type and amount of costs.

The intermediary is not responsible for non-fulfillment of obligations of the principal and the third party, which obligations are assumed by the legal transaction concluded between the principal and the third party, and the subject of which legal transaction is the real estate for which the intermediary mediated.

Liaison with a third party / subject property It is considered that the mediator enabled the principal to get in touch with a third party (natural or legal) with whom he negotiated for the conclusion of a legal transaction, especially if it is;

• directly took or sent the client to inspect the subject property,
• organized a meeting between the principal and a third party to negotiate a legal transaction,
• communicated to the principal the name, telephone number, e-mail, or fax of the third party authorized to conclude the legal transaction or communicated to him the exact location of the requested real estate,
• when the principal has received from the intermediary an offer or e-mail with information about the real estate in question and / or its owner or third party or its affiliated company / its other company or a person authorized to enter into a legal transaction that has expressed interest in concluding a legal transaction to mediation for the real estate in question,
• if he has enabled the principal to contact a third party in any other way that leaves no doubt as to the identification of the person authorized to negotiate and / or conclude a legal transaction.

If the client is already familiar with the real estate offered to him or has already contacted a third party, he is obliged to inform the broker without delay in writing, by e-mail or registered mail. Otherwise, it will be considered that the intermediary brought him into contact with the real estate in question, ie a third party.

Obligation of the principal By the real estate brokerage contract, the principal undertakes to do the following in particular;

• inform the broker about all circumstances that are important for the mediation and provide accurate information about the property and if he has to give the broker a location, construction or use permit for real estate subject to the Real Estate Brokerage Agreement and provide the broker with evidence of compliance obligation to a third party,
• give the broker documents proving his ownership of the real estate, or other real right on the real estate that is the subject of the Real Estate Brokerage Agreement and warn the broker of all registered and unregistered encumbrances that exist on the real estate,
• provide the broker and a third party interested in concluding the brokered deal with a tour of the property,
• inform the broker about all relevant information about the requested property, which includes in particular the description of the property and the price,
• after concluding the mediated legal transaction, ie pre-contract by which he undertook to enter into the mediated legal transaction, if the mediator and the principal have agreed that the right to pay the brokerage fee is acquired upon concluding the pre-agreement, pay the brokerage fee, unless otherwise agreed,
• if it is expressly agreed to reimburse the mediator for expenses incurred during the mediation that exceed the usual mediation costs,
• inform the broker in writing of all changes related to the business for which he has authorized the broker, and in particular of changes related to the ownership of real estate.

The client 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.

The Client will be liable to the mediator for damages, if he did not act in good faith and is obliged to reimburse all costs incurred during the mediation, which may not be less than 1/3 or more than the agreed brokerage fee for the mediated work.

By signing the Real Estate Brokerage Agreement with the broker, under material and criminal liability, the Client guarantees and confirms that he is the person he represents, otherwise he is liable for all damage caused to the broker and / or another person in the legal brokerage business. Mediation Agreement.

When concluding the Real Estate Brokerage Agreement with the broker, the Client confirms that he has voluntarily made available to the broker his personal data, including OIB, for the purpose of participating in the purchase / lease / rental of real estate or any other legal transaction related to brokerage. real estate and for the purpose of establishing unambiguous identification.

The Client undertakes to provide the broker with all necessary information and data that the broker is obliged to collect about the principal and legal business, which are determined by the Law on Real Estate Brokerage. preventing money laundering and terrorist financing.

Anonymous client An intermediary who performs mediation activities for a client who wishes to remain anonymous has no obligation to a third party, who would like to conclude a legal transaction with the principal, to reveal the identity of the principal until the conclusion of the legal transaction.

Brokerage fee The amount of the brokerage fee is freely determined by the Real Estate Brokerage Agreement between the broker and the principal.

Entitlement to mediation fee
The mediator acquires the right to mediation compensation after concluding the contract for which he mediated, ie when concluding the pre-contract and / or the first legal act between the principal and a third party.
The Client undertakes to pay the brokerage fee by paying 50% of the total amount of the brokerage fee to the broker when concluding the pre-contract, no later than 7 days from the conclusion, and the remaining 50% when concluding the main contract, and no later than 7 days after the conclusion the same.
In the case of concluding the main contract of sale, without prior conclusion of the pre-contract, the principal undertakes to pay the brokerage fee in full when concluding the main contract of sale, and no later than 7 days after the conclusion.
In case of exceeding the deadline for payment of the brokerage fee, legal default interest is charged.
The mediator may not demand partial payment of the mediation fee in advance, ie before the conclusion of the contract, ie pre-contract and / or the first legal act.

The costs of additional services related to the work that is the subject of real estate brokerage may be charged by the broker in the amount of actual costs if this is specifically agreed between the broker and the principal.

After the termination of the Real Estate Brokerage Agreement, the broker is entitled to the agreed brokerage fee within 12 (twelve) months from the termination of the Agreement, unless otherwise agreed in the Real Estate Brokerage Agreement and in cases where the client enters into a legal transaction with a third party. on real estate brokerage and which is a consequence of the broker's actions before the termination of the Real Estate Brokerage Agreement.

The mediator is entitled to mediation compensation if the spouse, extramarital partner, descendant, parent or blood relative in the upright or collateral line, a person who is in-law with the principal or a person who is in any way related to the principal (eg blood relationship in any line with the listed persons, authorized person, employee, employer, associate, etc.) conclude a contract / pre-contract or some other legal transaction related to real estate transactions with the person with whom the intermediary brought him into contact.

The provisions referred to in the previous paragraph of this Article shall also apply to legal entities established by the principal or any other person referred to in the previous paragraph or if such persons perform management or any other activities in the legal entity.
  Brokerage includes the following costs: the cost of legal services for the composition of the Preliminary Contract, Contract and Tabular Statement, translation of the Contract and Preliminary Contract by a certified court interpreter, court fees for registration, pre-registration and notation, notary's fee copies of documents, then the costs of court fees for registration, ie the cost of state notaries for obtaining a title deed, copies of the cadastral plan, certificates of identification of plots, obtaining building and / or use permits and / or costs of obtaining other documents from the competent court, state geodetic administration , banks, administrative departments of the competent bodies of local and / or regional self-government units, ie all other bodies, as well as the transfer of all overhead costs to the new owner.


If the intermediary obtains the said documentation for the client, and the principal terminates the contract on mediation or sells / buys the said real estate without the mediation of the Agency, he is obliged to reimburse the material costs to the mediator within 8 (eight) days from the date of such cost. the broker undertakes to present the invoices.

Cooperation with other real estate agents The broker is ready to cooperate with other real estate brokers who respect basic ethical principles (which exclude the disclosure of false business data to obtain business and clients, disparagement of other intermediaries in any way, to obtain business and clients, unrealistic real estate appraisal for the purpose of obtaining intermediary jobs and appearing in the media with the intention of personal promotion, to the detriment of others).

Exclusive mediation With the real estate brokerage contract, the principal may undertake not to hire any other intermediary (exclusively brokerage) for the brokered business, which obligation must be explicitly agreed.
If during the duration of the Exclusive Mediation Agreement the Client has concluded a legal transaction outside the Intermediary independently, through another intermediary or in any other way, and for which the exclusive Intermediary was given a mediation order, he is obliged to pay the exclusive Intermediary fee.

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 exclusive intermediary the agreed mediation fee and possible additional actual costs incurred during mediation. mediated business.

When concluding the Agreement on Exclusive Real Estate Brokerage, the broker is obliged to warn the client of the meaning and legal consequences of this clause.

Subcontracting agreement The broker may transfer the real estate brokerage contract to other brokers if the broker and the principal so agree.

In that case, the principal remains in a contractual relationship only with the intermediary with whom he concluded the contract, and the intermediary will provide the principal with a list of intermediaries to which the Real Estate Brokerage Agreement is transferred.

Termination of the mediation contract

                                                                                                    Article 16 (sixteenth)

A brokerage contract concluded for a definite period of time shall terminate upon the expiration of the term for which it was concluded if no contract for which mediation was concluded was concluded within that period or by termination of any of the contracting parties, if such possibility is provided by the Real Estate Brokerage Agreement.

In case of agreed possibility of unilateral termination of the Real Estate Brokerage Agreement, without the notice period explicitly determined by the contract, the notice period is 30 (thirty) days from receipt of the notice sent by registered mail with return receipt.

The procedure for termination of the Real Estate Brokerage Agreement cannot fall into a storm, ie with the intention of depriving the broker of the right to brokerage compensation or knowingly damaging it.

If within 12 (twelve) months after the termination of the Real Estate Brokerage Agreement the client enters into a legal transaction resulting from the mediator's actions before the termination of the Real Estate Brokerage Agreement, he is obliged to pay the brokerage fee in full.

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.

Attention in legal transactions The mediator in performing mediation activities, ie other actions related to the job that is the subject of mediation, must act with increased care, according to the rules of the profession and customs (attention of a good expert).

Real estate advertising The broker is obliged to publish his company when advertising real estate in the media, or other written and electronic media, in the broker's premises or in other places where advertising is allowed in connection with the real estate that is the subject of business.

Damage liability insurance The real estate broker is obliged to insure and renew the insurance against liability for damage that he could cause to the principal or third parties by performing mediation with the insurer in the Republic of Croatia.

For the damage that the mediator could cause by mediation, the lowest insured amount cannot be less than 200,000.00 HRK (two hundred thousand kunas) per one harmful event, or 600,000.00 HRK (six thousand thousand kunas) for all claims in one insurance year.

An intermediary can also be insured with an insurer in a Member State of the European Union and the European Economic Area.

Keeping business secrets The intermediary is obliged to keep as a business secret all information that he learns while performing mediation activities, and relate to the client, the real estate for which he mediates or is related to that real estate or 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 disclosing or not keeping business secrets.

It is not considered that the duty of professional secrecy has been violated if the broker discloses the data for protection to persons with whom he seeks to contact the principal, and this was essential for the broker to fulfill its obligation under the Real Estate Brokerage Agreement concluded with the principal.

Final provisions and dispute resolution The provisions of the Real Estate Brokerage Agreement and the general provisions of the Civil Obligations Act shall apply to the relations between the broker and the principal arising from the Real Estate Brokerage Agreement which are not regulated by these General Terms and Conditions or the Real Estate Brokerage Agreement.

These General Terms and Conditions enter into force on the day of their adoption and remain in force until the adoption of the new / amended General Terms and Conditions.

Any disputes between the mediator and the principal will be resolved amicably, otherwise the competent court in Rijeka will have jurisdiction.