Terms of Business

GENERAL TERMS OF BUSINESS

In accordance with the provisions of the Act on Real Estate Brokerage (Official Gazette: 107/07, 144/12, 14/14, 32/19), the company REGENT d.o.o. with its registered office in Zagreb, Nova Ves 17, OIB: 81223221931, represented by the director of the company Petra Kačunko, Zagreb, Himper 5/1, OIB: 19275249702, (hereinafter: the broker),

in Zagreb, on June 1, 2023, adopts the following

GENERAL TERMS OF BUSINESS

General provisions

Article 1

The General Terms of Business (hereinafter: the General Terms) of the real estate broker regulate the business relationship between the broker and a natural/legal person (hereinafter: the principal) who concludes a Real Estate Brokerage Agreement with the broker.

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

By concluding the Brokerage Agreement, the principal confirms that he is familiar with and agrees to all the provisions of the broker's General Terms of Business, as well as in the case of engaging the Broker's agents.

By accessing any part of the regent.hr website, you agree to all the terms and conditions set forth in the General Terms. If you do not agree with all the General Terms, do not use this site.

Meaning of terms contained in the General Terms of Business

Article 2

Certain terms within the meaning of the Act on Real Estate Brokerage and the General Terms have the following meanings;

A real estate broker is a company, a sole trader or a craftsman, registered for performing real estate brokerage activities with a registered office in the territory of the Republic of Croatia. A real estate broker is also a company, a sole trader or a craftsman, registered for performing real estate brokerage activities with a registered office in the territory of a state party to the Agreement on the European Economic Area.
A real estate brokerage agent is a natural person who is entered in the Register of Real Estate Brokerage Agents (hereinafter: the Agent).
Real estate brokerage are the actions of a real estate broker concerning the connection of the principal and a third party and negotiations and preparations for the conclusion of legal transactions concerning a particular property, especially in the purchase, sale, exchange, lease, etc.
Real estate are particles of the land 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 ownership and other real rights.
The principal is a natural or legal person who concludes a written Real Estate Brokerage Agreement with a real estate broker (seller, buyer, lessor, lessee, 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 for the purpose of negotiating the conclusion of legal transactions concerning a particular property.
A real estate brokerage agreement is a written document by which the broker undertakes to try to find and connect with the principal a person for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right to a property, and the principal undertakes to pay him a certain brokerage fee if that legal transaction is concluded.
An exclusive Real Estate Brokerage Agreement is a written document by which the principal undertakes not to engage any other broker for the brokered transaction. If, during the term of the Exclusive Real Estate Brokerage Agreement, the principal has concluded a legal transaction bypassing the broker through another broker, for which the exclusive broker was given a brokerage order, he is obliged to pay the exclusive broker the agreed brokerage fee as well as possible additional actual costs incurred during the brokerage for the said brokered transaction. When concluding the Exclusive Real Estate Brokerage Agreement, the broker is obliged to specifically warn the principal about the meaning and legal consequences of this clause.
The brokerage fee is the amount that the principal has undertaken to pay the broker for the brokerage service provided.

Real estate offer

Article 3

The Broker's real estate offer is based on data received in writing and/or orally from the owners of the properties offered for sale, lease or rent, as well as on the data contained in the written and/or oral orders of the Principal.

The Principal is obliged to provide the Broker with complete and accurate data and valid and true documents relating to the quality, legality, ownership and other real rights related to the subject of brokerage and bears full responsibility for the truthfulness and accuracy of all data on the subject of brokerage, as well as personal data provided to the Broker related to the legal transaction for which the Broker is brokering.

The Principal acknowledges and accepts that all liability that would arise or result from a breach of the provisions of the preceding paragraph shall be borne exclusively by the Principal as the seller, lessor or landlord.

The Principal acknowledges that there is a possibility of an 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, and that the Broker shall not be liable for such cases.

The Principal must keep the offers and notices as a business secret and may only transfer them to a third party with the written approval of the Broker.

If the recipient of the Broker's offer is already familiar with the properties offered to him, he is obliged to inform the Broker without delay, and at the latest within 24 (twenty-four) hours, in writing, by e-mail, fax or registered letter, otherwise he is obliged to fully fulfill the contractual obligations towards the Broker.

Broker's obligations

Article 4

When concluding a Real Estate Brokerage Agreement with the principal, the broker undertakes to perform the following with the care of a diligent and conscientious businessman, in particular;

try to find and connect with the principal a person for the purpose of concluding the brokered transaction,
inform the principal of the average market price of a similar property,
obtain and inspect documents proving ownership or other real right to the property in question,
perform the necessary actions for the presentation of the property on the market, advertise the property in an appropriate manner and perform all other actions agreed in the Real Estate Brokerage Agreement that go beyond the usual presentation, for which he is entitled to special, pre-stated costs,
enable the inspection of real estate,
mediate in negotiations and try to conclude a preliminary agreement/agreement, if he has specifically undertaken to do so,
keep the principal's personal data and, upon the principal's written order, keep as a business secret data on the property for which he is brokering or in connection with that property or with the transaction for which he is brokering,
if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land,
inform the principal of all circumstances important for the intended transaction that are known to him or must be known to him,
perform other necessary negotiations and preparatory actions for the conclusion of the legal transaction related to real estate brokerage.

If the broker, in agreement with the principal, performs other actions for him in connection with the transaction that is the subject of brokerage, he will specifically agree on these transactions and the type and amount of costs.

The broker is not responsible for the non-fulfillment of the obligations of the principal and the third party, which obligations were undertaken by a legal transaction concluded between the principal and the third party, and the subject of which legal transaction is the property for which the broker brokered.

Connecting with a third party/property in question

Article 5

It is considered that the broker has enabled the principal to establish contact with a third party (natural or legal person) with whom he negotiated for the conclusion of a legal transaction, and in particular if he;

directly took or referred the principal to view the property in question,
organized a meeting between the principal and a third party for the purpose of negotiating the conclusion of a legal transaction,
provided the principal with the name/title, phone number, e-mail, or fax of the third party authorized to conclude the legal transaction or provided him with the exact location of the requested property,
when the principal received an offer or e-mail from the broker with data on the property in question and/or its owner or a third party or its related company/its other company or a person authorized to conclude a legal transaction who has expressed interest in concluding a legal transaction related to brokerage for the property 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 the legal transaction.

If the principal is already familiar with the properties offered to him or has already established contact with a third party, he is obliged to inform the broker without delay in writing, by e-mail or registered letter. Otherwise, it will be considered that the broker has brought him into contact with the property in question or a third party.

Principal's obligation

Article 6

By the Real Estate Brokerage Agreement, the principal undertakes to perform the following in particular;

inform the broker of all circumstances that are important for the performance of the brokerage and present accurate data on the property and, if he has it, give the broker for inspection the location, building, or use permit for the property that is the subject of the Real Estate Brokerage Agreement and give the broker for inspection evidence of the fulfillment of obligations towards a third party,
give the broker for inspection documents proving his ownership of the property, or other real right to the property that is the subject of the Real Estate Brokerage Agreement and warn the broker of all registered and unregistered encumbrances on the property,
provide the broker and a third party interested in concluding the brokered transaction with a viewing of the property,
inform the broker of all essential data on the requested property, which especially includes a description of the property and the price,
after the conclusion of the brokered legal transaction, or a preliminary agreement by which he undertook to conclude the brokered legal transaction, if the broker and the principal have agreed that the right to payment of the brokerage fee is acquired already upon conclusion of the preliminary agreement, pay the broker the brokerage fee, unless otherwise agreed,
if it is explicitly agreed, reimburse the broker for the costs incurred during the brokerage that exceed the usual brokerage costs,
inform the broker in writing of all changes related to the transaction for which he has authorized the broker, and in particular of changes related to ownership of the property.

The principal is not obliged to enter into negotiations for the conclusion of the brokered transaction with a third party found by the broker, nor to conclude a legal transaction.

The principal will be liable to the broker for damages if he did not act in good faith and is obliged to reimburse all costs incurred during the brokerage, which may not be less than 1/3 nor more than the agreed brokerage fee for the brokered transaction.

The principal, by signing the Real Estate Brokerage Agreement with the broker, under material and criminal liability, guarantees and confirms that he is the person he represents himself to be, otherwise he is liable for all damage caused to the broker and/or any other person in the legal transaction of brokerage which is the subject of the Brokerage Agreement.

The principal, when concluding the Real Estate Brokerage Agreement with the broker, confirms that he has voluntarily made his personal data, including the OIB, available to the broker, for the purpose of participating in the procedure of buying/selling/renting/leasing real estate or some other legal transaction related to real estate brokerage and for the purpose of establishing unquestionable identification.

The principal undertakes that, when concluding a legal transaction of sale with a third party which is the subject of the Real Estate Brokerage Agreement, he will make available to the broker all necessary information and data that the broker is obliged to collect about the principal and the legal transaction, and which are determined by the Act on the Prevention of Money Laundering and Terrorist Financing.

Anonymous principal

Article 7

A broker who performs brokerage services for a principal who wishes to remain anonymous is not obliged to a third party who would like to conclude a legal transaction with the principal to disclose the identity of the principal until the conclusion of the legal transaction.

Brokerage fee

Article 8

The brokerage fee paid by the Principal for the brokerage service in the purchase and sale of real estate is 3% of the purchase price, unless otherwise agreed in the brokerage agreement between the Broker and the Principal. The corresponding amount of VAT will be charged on the said percentage of the brokerage fee.

Right to brokerage fee

Article 9

The broker acquires the right to a brokerage fee after the conclusion of the contract for which he brokered, unless the broker and the principal have agreed that the right to payment of the fee is acquired already upon the conclusion of a preliminary contract and/or the first legal act between the principal and a third party.

In case of exceeding the payment deadline for the brokerage fee, statutory default interest shall be charged.

The broker may not demand partial payment of the brokerage fee in advance, i.e., before the conclusion of the contract, or a preliminary contract and/or the first legal act.

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

After the termination of the Real Estate Brokerage Agreement, the broker has the right to the agreed brokerage fee within 12 (twelve) months if not otherwise agreed in the Real Estate Brokerage Agreement and in cases where the principal concludes a legal transaction with a third party related to real estate brokerage and which is a consequence of the broker's actions before the termination of the Real Estate Brokerage Agreement.

The broker is entitled to a brokerage fee if a spouse, cohabiting partner, descendant, parent or blood relative in the direct or collateral line, a person who is in an affinity relationship with the principal or a person who is in any way related to the principal (e.g. blood relationship in any line with the said persons, authorized person, employee, employer, associate, etc.) concludes a contract/preliminary contract or some other legal transaction related to real estate transactions with a person with whom the broker has brought him into contact.

The provisions of Article 9 (nine), paragraph 6 (six) also apply to legal entities founded by the principal or any other person from the previous paragraph or if such persons perform management or any other duties in the legal entity.

Article 10

The brokerage fee does not include the following costs borne by the principal; translations by a certified court interpreter of all documents relating to the subject of this contract, court fees for registration, pre-registration and notation, notary's fee for certification of signatures on documents, costs of court fees or state stamps for obtaining a title deed, a copy of the cadastral plan, an identification certificate, obtaining a building and/or use permit and/or the costs of obtaining other documentation from the competent court, the State Geodetic Administration, a bank, administrative departments of the competent bodies of local and/or regional self-government units or all other bodies.

The principal is therefore obliged to provide the broker with proof of payment of the said costs in a timely manner so that the said documentation can be obtained in a timely manner. If the broker obtains the said documentation for the principal, the latter is obliged to reimburse the material costs to the broker within 8 (eight) days from the day such a cost arises.

Cooperation with other real estate brokers

Article 11

The broker is ready to cooperate with other real estate brokers who respect fundamental ethical principles (which exclude the presentation of untrue data on business in order to obtain business and clients, disparagement of other brokers in any way, in order to obtain business and clients, unrealistic real estate valuations in order to obtain brokerage services and appearing in the media with the intention of personal promotion, to the detriment of others).

Real Estate Brokerage Agreement

Article 12

By the Real Estate Brokerage Agreement, the broker undertakes to try to find and connect with the principal a person for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right to a property, and the principal undertakes to pay him a certain brokerage fee if that legal transaction is concluded.

The Real Estate Brokerage Agreement is concluded in writing and for a fixed period of time.

The Real Estate Brokerage Agreement concluded between the broker and the principal must in particular contain data on the broker, the principal, the type and essential content of the transaction for which the broker is brokering, the amount of the brokerage fee and possible additional costs that arise when the broker, in agreement with the principal, performs other services for him in connection with the transaction that is the subject of brokerage.

The Real Estate Brokerage Agreement may also contain other data related to the transaction for which it is brokered (e.g. the deadline and conditions for payment of the brokerage fee, data on liability insurance, conditions for securing the payment of the brokerage fee, etc.).

Exclusive brokerage

Article 13

By the Real Estate Brokerage Agreement, the principal may undertake not to engage any other broker for the brokered transaction (exclusive brokerage), which obligation must be explicitly agreed upon.

If, during the term of the exclusive brokerage agreement, the principal has concluded a legal transaction bypassing the broker through another broker, for which the exclusive broker was given a brokerage order, he is obliged to pay the exclusive broker the agreed brokerage fee as well as possible additional actual costs incurred during the brokerage for the said brokered transaction.

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

Sub-brokerage agreement

Article 14

The broker may transfer the real estate brokerage agreement to other brokers if so agreed by the broker and the principal.

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

Termination of the brokerage agreement

Article 15

A brokerage agreement concluded for a fixed period of time terminates upon the expiration of the period for which it was concluded if the contract for which it was brokered is not concluded within that period or by termination by either of the contracting parties, if such a possibility is provided for in the Real Estate Brokerage Agreement.

In the case of an agreed possibility of unilateral termination of the Real Estate Brokerage Agreement, and if the notice period is not explicitly determined by the agreement itself, the notice period is 30 (thirty) days from the receipt of the notice sent by registered mail with a return receipt.

The procedure for terminating the Real Estate Brokerage Agreement cannot be untimely, i.e. with the intention of depriving the broker of the right to a brokerage fee or knowingly damaging him.

If within 12 (twelve) months after the termination of the Real Estate Brokerage Agreement the principal concludes a legal transaction that is a consequence of the broker's actions before the termination of the Real Estate Brokerage Agreement, he is obliged to pay the broker the brokerage fee in full.

The principal is obliged to reimburse the broker for the costs incurred for which it was otherwise explicitly agreed that the principal would pay separately.

Care in legal transactions

Article 16

When performing brokerage services, or other actions related to the transaction that is the subject of brokerage, the broker must act with increased care, according to the rules of the profession and customs (attention of a good expert).

Real estate advertising

Article 17

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 permitted in connection with the property that is the subject of business, the broker is obliged to publish his company.

Liability insurance for damages

Article 18

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

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

The broker can also be insured with an insurer in a member state of the European Union and the European Economic Area.

Keeping a business secret

Article 19

The broker is obliged to keep as a business secret all data he learns while performing brokerage services, which relate to the principal, the property for which he is brokering or are in connection with that property or with the transaction for which he is brokering or which he concludes on the basis of a special authorization.

If he violates his obligation to keep a business secret, the broker is obliged to compensate the injured persons for the damage they suffered due to the disclosure or failure to keep a business secret.

It is not considered that the duty to keep a business secret has been violated if the broker discloses the data to persons with whom he is trying to bring the principal into contact, for the purpose of protection, and this was absolutely necessary for the broker to fulfill his obligation under the Real Estate Brokerage Agreement concluded with the principal.

Final provisions and dispute resolution

Article 20

The relations between the broker and the principal arising from the Real Estate Brokerage Agreement that are not regulated by these General Terms of Business or the Real Estate Brokerage Agreement shall be governed by the provisions of the Act on Real Estate Brokerage and the general provisions of the Civil Obligations Act.

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

Any disputes between the broker and the principal will be resolved amicably, and otherwise the competent court in Zagreb shall have jurisdiction.

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