GENERAL TERMS AND CONDITIONS
GTC 07/07/2026 – ALIGNED WITH THE REAL ESTATE BROKERAGE ACT (NN 69/26)
GENERAL PROVISIONS
Article 1.
The General Terms and Conditions of Real Estate Brokers (hereinafter: General Terms and Conditions) govern the business relationship between a real estate brokerage agency (hereinafter: Broker) and a natural or legal person (hereinafter: Principal) who concludes a written brokerage contract with the broker. The General Terms and Conditions are an integral part of the brokerage contract concluded between the broker and the principal. In the event of any inconsistency between these General Terms and Conditions and the brokerage contract, including any annex or addendum to it, the provisions of the brokerage contract shall prevail, and these General Terms and Conditions shall apply subsidiarily.
Article 2.
Certain terms and names in the context of these General Terms and Conditions have the following meaning:
· Real estate broker – 108 REAL ESTATE ADVISORY ADRIA d.o.o., Savska cesta 32, Zagreb, OIB: 74756654057.
· Real estate brokerage is the activities of a real estate broker that relate to connecting the principal and a third party, as well as negotiations and preparations for concluding legal transactions that involve a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
· Real estate is a piece of land, together with everything that is permanently connected to the land on or below its surface in accordance with the provisions of the general regulation on ownership and other real rights.
· The principal is a natural or legal person who concludes a written brokerage contract with a real estate broker (seller/buyer/lessee/lessor/landlord/tenant and other possible participants in real estate transactions).
· A third party is a person whom the real estate broker tries to connect with the principal in order to negotiate the conclusion of legal transactions, the subject of which is a certain real estate.
· Brokerage fee is the amount that the principal is obliged to pay to the broker for mediation services.
REAL ESTATE OFFER
Article 3.
Our offer is based on the information we receive in writing and orally from the client. There is a possibility of errors 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and the possibility that the advertised property has already been sold, rented or the owner of the property has withdrawn from the sale.
The recipient (client) must keep our offers and information as 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 properties we have offered him, he is obliged to inform us of this in writing without delay, by electronic mail (e-mail), fax or registered letter.
REAL ESTATE PRICE
Article 4.
Real estate prices are expressed and payable in euros (EUR).
AGREEMENT ON MEDIATION
Article 5.
The agency agreement obliges the agent to put in touch with the principal a person who would negotiate with him about concluding the contract, and the principal undertakes to pay him a certain fee if the contract is concluded.
The agency agreement (hereinafter referred to as the agency agreement) is concluded between the agent and the principal. The agency agreement must truthfully, accurately and completely indicate the essential data for the sale/purchase of real estate.
Article 6.
When selling real estate that is co-owned by several persons, written consent of all co-owners is required for the sale of the real estate in the form of acceptance of the brokerage contract.
OBLIGATIONS OF THE BROKER
Article 7.
By signing the real estate brokerage contract, the broker undertakes to perform the following in particular:
1. to try to find and put the person in contact with the principal in order to conclude the mediated transaction,
2. to inform the principal of the average market price of a similar property,
3. to obtain and inspect the documents proving ownership or other real right to the property in question,
4. to carry out the necessary actions to present the property on the market, advertise the property 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,
5. to enable or withhold the viewing of the property, in accordance with the interests of the principal and the broker's professional assessment, acting with the care of a good expert,
6. to mediate in negotiations and to try to conclude a contract, if he has undertaken to do so.
7. to keep the principal's personal data, and upon the principal's written order to keep as a business secret the data on the property for which he is brokering or in related to that property or to the business for which he is mediating.
8. if the subject of the contract is land, check the purpose of the land in question in accordance with the applicable spatial planning regulations relating to that land.
9. inform the principal of all circumstances relevant to the intended transaction that are known to him or must be known to him. Where expressly agreed in the brokerage contract, the broker may transfer the brokerage contract, in whole or in part, to another broker entered in the Register of Real Estate Brokers, in which case the principal remains in a contractual relationship exclusively with the broker. In that event the broker shall deliver to the principal in writing a list of the brokers to whom the contract has been transferred, in accordance with Article 26 of the Real Estate Brokerage Act.
Article 8.
The intermediary is obliged to keep as a trade secret all information that he learns while performing brokerage activities, and that relates to the principal, the real estate for which he brokers or is related to that real estate or to the transaction for which he brokers or which he concludes on the basis of special authorization.
If he violates his obligation to keep a trade secret, the intermediary is obliged to compensate the injured parties for the damage they suffered due to the disclosure or failure to keep a trade secret.
The duty to keep a trade secret is not considered to have been violated if, for the purpose of protection, the intermediary discloses the information to persons with whom he is trying to bring the principal into contact, and this was absolutely necessary for the intermediary to fulfill his obligation under the brokerage contract concluded with the principal.
OBLIGATIONS OF THE PRINCIPAL
Article 9.
By signing the real estate brokerage contract, the principal undertakes to do the following in particular:
1. inform the broker of all circumstances that are important for the performance of brokerage services and present accurate information about the real estate,
2. provide the broker with all documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the contract,
3. provide the broker and a third party interested in concluding the mediated transaction with a viewing of the real estate,
4. after concluding the mediated legal transaction, or the preliminary contract by which he is obliged to conclude the mediated legal transaction, pay the broker a brokerage fee, unless otherwise agreed,
5. if expressly agreed, reimburse the broker for costs incurred during the brokerage that exceed the usual brokerage costs,
6. inform the broker in writing of all changes related to the transaction for which he has authorized the broker.
The principal is not obliged to enter into negotiations to conclude a mediated transaction with a third party found by the intermediary, nor to conclude a legal transaction, and any provision of the contract stipulating otherwise is null and void. The principal will be liable for damages if he did not act in good faith.
BROKERAGE FEE
Article 10.
A broker is entitled to a brokerage fee agreed upon in the brokerage contract. Where the brokerage contract specifies the amount of the brokerage fee, that amount applies and prevails over the price list set out in Article 16 of these General Terms and Conditions. The price list applies to the extent that the brokerage contract does not provide otherwise. Where the broker has concluded brokerage contracts with two principals for the same property, the total fee charged from both principals may not exceed the highest total fee stated in Article 16, in accordance with Article 30 of the Real Estate Brokerage Act.
The broker is obliged to charge a fee for his work as determined in the brokerage contract.
The broker acquires the right to the brokerage fee in full, immediately after the conclusion of the first legal act concluded by the contracting parties (preliminary contract or purchase and sale contract or the lease agreement), unless otherwise agreed upon in the brokerage contract.
VAT is charged on the amount of the fee. Services covered by the brokerage fee: the brokerage fee covers connecting the principal with a third party; verifying the condition of the property, including inspection of the documents evidencing ownership or other real rights; and the preparatory acts necessary for the conclusion of the legal transaction, including presentation of the property, the usual advertising, organisation of viewings and participation in negotiations. Work and costs that go beyond the above constitute additional related services and are governed by Article 23 of these General Terms and Conditions.
Article 11.
The brokerage fee paid by the principal for brokerage services in the purchase and sale of real estate is determined by the price list under Article 16 of these General Terms and Conditions and amounts to no more than 3% of the purchase price. The minimum fee is €1,061.78 + VAT.
Article 12.
If the client offers the broker a fee higher than the agreed upon, the broker may accept such a fee.
Article 13.
The broker may agree on the right to reimbursement of costs necessary to execute the order and request that funds be advanced in advance for certain expenses.
Article 14.
In the case of brokerage, in which the client, either himself or through a third party, has found an interested party, the broker may charge the actual costs incurred in connection with the transaction in question.
Article 15.
The intermediary is considered to have enabled the principal to contact another person for negotiations to conclude a mediated transaction, if the principal was enabled to contact another person (natural or legal) with whom he negotiated to conclude a legal transaction, and in particular if he:
·directly took or directed the principal or a third party to view the property in question;
·organized a meeting between the principal and the other contracting party for the purpose of negotiating to conclude a legal transaction;
·informed the principal or a third party of the name, telephone number, fax number of another person authorized to conclude a legal transaction or provided him with insight into the exact location of the requested property.
Article 16.
PRICE LIST OF SERVICES
The price list of services forms an integral part of these General Terms and Conditions. The price list is displayed at the Broker's registered office and is delivered to the principal, bearing the date and year of validity, and signed as an annex to the brokerage contract.
The price list sets out the amount or the method of determining the brokerage fee and the criteria for its calculation for each type of brokerage, information on additional related services and costs, and an indication of the party liable for payment.
The highest total brokerage fee the Broker may obtain for the same property, irrespective of how it is allocated between principals, is 8% of the purchase price for sale, and 35% of annual rent charged from the lessor together with 3 months' rent charged from the lessee for lease and rental.
The price list is provided on request, by enquiry sent to info@108realestate.hr.
VAT is not included in the price. Taxes and administrative fees are not included in the price.
CRITERIA FOR DETERMINING THE BROKERAGE FEE
The price list sets the highest amounts of the brokerage fee for each type of brokerage. For certain types of brokerage the price list also provides for the fee to be agreed within a range, in which case the fee within the range is determined according to the criteria set out in the price list and not at the Broker's free discretion.
The criteria are: a) the agreed term of the lease; b) the net floor area of the property; c) the total value of the brokered transaction, calculated as the sum of the rent for the entire agreed term or as the purchase price; d) the number of properties covered by the same order or simultaneously under order from the same principal; e) an existing or repeated business relationship with the principal, taking into account whether other brokerage contracts were concluded with the same principal or its affiliates in the preceding 24 months; f) agreed exclusive brokerage; g) the scope of the actions performed by the Broker in the specific transaction compared with the usual presentation of the property.
The criteria applied in an individual transaction and the agreed amount of the fee are stated in the brokerage contract and recorded in the register of brokerage. The fee may not be agreed or charged in an amount lower than the lower limit of the range set by the price list.
For rental, the fee is calculated in one of two ways — as a number of monthly rents or, for brokerage on behalf of an investor or developer of warehouse and logistics properties, as a percentage of annual rent. The agreed method is stated in the brokerage contract.
Where the Broker has concluded brokerage contracts with two principals for the same property and it has been agreed that only one contracting party pays the brokerage fee, that party may be charged no more than one half of the highest fee amount set by the price list, in accordance with Article 30(4) of the Act.
Before concluding a brokerage contract, the Broker will inform both contracting parties in writing of the individual brokerage fees and of their total amount, in accordance with Article 30(5) of the Act.
TERMINATION OF THE CONTRACT
Article 17.
The brokerage contract is concluded in writing and for the fixed term stated in the contract. If the contract does not state a term, it is deemed to have been concluded for a period of 12 months. The contract terminates on expiry of that term if a contract for which the brokerage was performed has not been concluded within it, or upon written notice of termination by either party. The contract does not extend automatically. Renewal requires a written annex signed by both parties for a further fixed term.
The principal will acknowledge the agency even after the expiration of the contract if contact with a third party was made during the duration of the contract. If the principal unilaterally terminates the contract before the expiration of the agreed term due to giving up further sales, he is obliged to reimburse the agent within 7 (seven) days for all agency costs incurred up to the termination of the contract, in the minimum amount of €2,123.65.
When the contract terminates on expiry of the term for which it was concluded, the parties to the contract have no claims against each other. The principal is obliged to reimburse the agent for the costs incurred that were otherwise expressly agreed to be paid separately by the principal.
If, after termination of the contract, the principal concludes a legal transaction resulting from the broker's activities undertaken before termination, or a legal transaction with a person with whom the broker connected the principal during the term of the contract, the principal shall pay the broker the brokerage fee in full, in accordance with Article 19(3) and Article 29(4) of the Real Estate Brokerage Act. Within 15 days of termination of the contract, the broker shall deliver to the principal a written list of persons introduced to the principal during the term of the contract. The list serves as evidence for the purposes of this paragraph.
Article 18.
The party may enter complaints in the consumer complaint register located at the agency's business premises.
Article 19.
For relations between the broker and the principal and other persons concerned, which are not regulated by these General Terms and Conditions or the brokerage contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply.
In the event of a dispute, the contracting parties are obliged, before initiating court proceedings, to try to resolve the dispute through mediation or through the Mediation Centre at the Croatian Chamber of Economy, and only if mediation fails, to initiate a court dispute with the court in Zagreb.
Article 20.
By signing the brokerage contract, the principal gives explicit consent to 108 REAL ESTATE ADVISORY ADRIA d.o.o., Savska cesta 32, Zagreb, OIB:74756654057 for the use of personal data and other data from the contract, and confirms that he/she has been informed about the method of data processing.
We process personal data in accordance with the provisions of the General Data Protection Regulation, the Law on the Implementation of the General Data Protection Regulation and other regulations on personal data protection.
The information is considered secret and cannot be provided to third parties, except in the case that this information is necessary for the realization of contractual and legal obligations.
Article 21.
The party obliged to pay the brokerage fee is the principal who has concluded the brokerage contract with the broker. A third party (buyer, lessee, tenant, etc.) is obliged to pay the brokerage fee only if that third party has itself concluded a separate written brokerage contract with the broker. If the broker has concluded brokerage contracts with two principals for the same property, the limitations set out in Article 30 of the Real Estate Brokerage Act regarding the maximum total amount of the brokerage fee shall apply.
Article 22.
NOTE: The broker may not charge the brokerage fee to a third party who acquires the role of buyer, lessee, or other party in the legal transaction, if that third party has not concluded a brokerage contract with the broker.
Article 23.
In addition to the brokerage fee referred to in Article 11 of these General Terms and Conditions, the broker may, by agreement with the principal, provide additional related services that go beyond the usual presentation of the property, in particular: professional photography and the production of video/3D property presentations (at actual cost), energy certification of the property (at the actual cost charged by the authorised certifier), legal advice and the preparation of additional documentation (at a separately agreed rate), and advertising on additional (paid) listing portals beyond the regular presentation (at actual cost). The type, description and amount of the costs of each additional service, as well as the party obliged to pay those costs, shall be specifically stated and agreed in the brokerage contract or its annex before that service is provided.
Article 24.
A broker who advertises a property on the market on the basis of a brokerage contract concluded with the principal may not make the viewing of that property by a third party conditional upon the third party first signing a brokerage contract. When a property is viewed through the broker, a viewing confirmation is signed, by which the broker or agent demonstrates to the principal that the property has been shown to third parties. The signing of a property viewing confirmation is not considered a brokerage contract and does not contain provisions obliging the third party to pay a brokerage fee.
108 REAL ESTATE ADVISORY ADRIA d.o.o.
Savska cesta 32, 10000 Zagreb, Croatia
Registered with the Commercial Court in Zagreb, company registration number (MBS): 081598248
Personal identification number (OIB): 74756654057
Share capital: € 2,500.00, paid up in full
Management Board: Jakub Holec, President of the Management Board; Dario Tomljenović, Member of the Management Board
Bank account: Erste & Steiermärkische Bank d.d., Jadranski trg 3a, 51000 Rijeka, Croatia
IBAN: HR5124020061101253108, SWIFT-BIC: ESBCHR22
Registration number in the Register of Real Estate Brokers: 118/2025
Registarski broj upisa u Registar posrednika u prometu nekretnina: 118/2025
In effect from 07/07/2026.