In accordance with the provisions of the Real Estate Brokerage Act (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 Kaćunko, Zagreb, Himper 5/1, OIB: 19275249702, (hereinafter: the mediator),

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

GENERAL TERMS AND CONDITIONS

General provisions

Article 1.

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

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 Principal confirms that he is familiar and agrees with all the provisions of the General Terms and Conditions of the Broker as well as in the case of hiring agents of the Mediator.

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

The meaning of the terms contained in the General Terms and Conditions

Article 2.

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

• A real estate agent is a company, sole trader or craftsman, registered for the activity of real estate brokerage that has its headquarters in the territory of the Republic of Croatia. A real estate agent is also a company, sole trader or craftsman, registered for the activity of real estate brokerage that has its registered office in the territory of a Contracting State to the European Economic Area.
• A real estate agent is a natural person who is registered in the Directory of Real Estate Agents (hereinafter: Agent).
• Real estate brokerage is the actions of real estate agents concerning the connection between the principal and a third party, as well as negotiations and preparations for the conclusion of legal transactions that are the subject of certain real estate, especially when buying, selling, exchanging, renting, leasing, etc.
• Real estate is parcels of land area, 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, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
• The 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 that are the subject of a particular real estate.
• 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 on the property, and the principal undertakes to pay him a certain brokerage fee if this legal transaction is concluded. 
• The Exclusive Real Estate Brokerage Agreement is a written document by which the Principal undertakes not to hire any other broker for the mediated business. If, during the term of the Exclusive Real Estate Brokerage Agreement, the Principal has concluded a legal transaction through another broker, and for which the exclusive broker was given an order for mediation, he is obliged to pay the exclusive broker the agreed brokerage fee as well as possible additional real costs incurred during mediation for the said mediated business. When concluding the Contract on exclusive real estate brokerage, the broker is obliged to specifically warn the Principal of the meaning and legal consequences of this clause.
• The brokerage fee is the amount that the Principal has undertaken to pay to the Broker for the brokerage service performed. 

Real estate offer

Article 3.

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

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

The Principal takes note and accepts that all liability that would arise or be the result of a violation of the provisions referred to in the previous paragraph shall be borne exclusively by the Principal as the seller, lessor or lessor.

The Principal takes note that 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 given up on the sale, and that for such cases the Mediator does not bear any responsibility.

Offers and notices must be kept as a business secret by the Principal and only with the written permission of the Mediator may transfer them to a third party.

If the recipient of the Mediator's offer is already familiar with the real estate offered to him, he is obliged to notify the Mediator without delay, and no later than 24 (twenty-four) hours in writing, by e-mail, fax or registered letter, otherwise he is obliged to fully fulfill his contractual obligations towards the Mediator.

Obligations of intermediaries

Article 4.

When concluding a real estate brokerage agreement with the principal, the broker undertakes to perform the following with the care of a neat and conscientious businessman;

• try to find and connect with the principal a person for the purpose of concluding a mediated business,
• familiarize the principal with the average market price of a similar property,
• obtain and inspect documents proving ownership or other real right on the property in question,
• perform the necessary actions for the presentation of real estate on the market, advertise the property appropriately and perform all other actions agreed by the Real Estate Brokerage Agreement that exceed the usual presentation, for which he is entitled to special, pre-stated costs,
• to allow an overview of real estate,
• mediate in negotiations and try to conclude a pre-contract/contract, if he has specifically committed to it,
• keep the personal data of the Principal and, upon written order of the Principal, keep as a trade secret information about the property for which he mediates or in connection with that property or with the business for which he mediates,
• 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 principal of all circumstances relevant to the intended business that are known to him or must be known to him,
• carry out other necessary negotiations and preparatory actions for the conclusion of the legal transaction relating to real estate brokerage.

If the broker, in agreement with the principal, performs for him and other actions related to the work that is the subject of mediation, the tasks will be separately contracted and the type and amount of costs.

The Mediator is not responsible for non-performance of the obligations of the Principal and a third party, which are assumed by the legal transaction concluded between the Principal and the third party, and the subject of the legal transaction is the real estate for which the Broker has mediated.

Connection with a third party/subject property

Article 5.

It is considered that the broker has enabled the principal to enter into contact with a third party (natural or legal) with whom he negotiated for the conclusion of a legal transaction, especially if he/ she is;

• directly took or instructed the principal to see the property in question,
• organized a meeting between the principal and a third party in order to negotiate the conclusion of a legal transaction,
• communicate to the principal the name/name, phone number, e-mail, or fax number of a third party authorized to conclude a legal transaction or has communicated to him the exact location of the requested property,
• when the principal has received from the broker an offer or e-mail with information about the property in question and/or its owner or a third party or its affiliated company/its other company or a person authorized to conclude a legal transaction who has expressed an interest in concluding a legal transaction relating to mediation for the real estate in question,
• if it has enabled the principal to contact a third party in any other way that leaves no doubt about the identification of the authorized person for negotiation and / or conclusion of a legal transaction.

If the principal is already familiar with the properties offered to him or has already made contact with a third party, he is obliged to notify the mediator in writing, by e-mail or by registered letter. Otherwise, it will be considered that the broker brought him into contact with the property in question, i.e. a third party.

Obligation of the Principal

Article 6.

The Real Estate Brokerage Agreement obliges the Principal to perform the following in particular;

• inform the mediator of all circumstances that are important for the performance of mediation and present accurate information about the property and if he has to give the broker a location, building or use permit for real estate that is the subject of the Real Estate Brokerage Agreement and provide the broker with evidence of fulfillment of obligations towards a third party,
• to give the broker access to documents proving his ownership of the property, i.e. other real estate rights that are the subject of the Real Estate Brokerage Agreement and to warn the broker of all registered and unregistered burdens that exist on the property,
• provide the broker and a third party interested in concluding the mediated business by sightseeing the property,
• inform the broker of all relevant information about the requested property, which includes in particular the description of the property and the price,
• after the conclusion of the mediated legal transaction, i.e. the pre-contract by which he undertook to conclude the mediated legal transaction, if the broker and the principal have agreed that the right to payment of the brokerage fee is acquired already at the conclusion of the pre-contract, to pay the brokerage fee, unless otherwise agreed,
• if it is expressly agreed to reimburse the broker for costs incurred during the mediation that exceed the usual costs of mediation,
• inform the broker in writing of any changes related to the business 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 a mediated deal 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 has not acted in good faith and is obliged to reimburse all costs incurred during mediation, which cannot be less than 1/3 or higher than the agreed brokerage fee for the mediated business.

By signing the Real Estate Brokerage Agreement with the Broker, under material and criminal responsibility, the Principal guarantees and confirms that he is the person for whom he presents himself, otherwise he is liable for all damage caused to the broker and / or some other person in the legal business of mediation in which he is the subject of the Mediation Contract.

When concluding the Real Estate Brokerage Agreement with the Broker, the Principal confirms that he has voluntarily made available to the broker his personal data, including the OIB, for the purpose of participating in the process of buying/renting/leasing real estate or some other legal transaction relating to real estate brokerage and for the purpose of establishing undoubted identification.

The Principal undertakes that when concluding a legal transaction of buying and selling with a third party that is the subject of the Real Estate Brokerage Agreement, the Broker will provide the Broker with all the necessary information and data that the broker is obliged to collect about the Principal and legal business, which are determined by the Law on Prevention of Money Laundering and Terrorist Financing.

Anonymous Account

Article 7.

The Mediator who performs mediation activities for the Principal who wishes to remain unknown has no obligation towards 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

Article 8.

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

Right to brokerage compensation

Article 9.

The Mediator acquires the right to an intermediary fee after the conclusion of the contract for which he has mediated, unless the Broker and the Principal have agreed that the right to payment of the fee is acquired already at the conclusion of the pre-contract and / or the first legal act between the Principal and a third party. 

In case of exceeding the deadline for payment of the brokerage fee, statutory default interest is calculated.

The Mediator may not require partial payment of the brokerage fee in advance, i.e. before concluding the contract, i.e. pre-contract and/or the first legal act. 

The costs of additional services related to the business that is the subject of real estate brokerage can 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 an agreed brokerage fee within a period of up to 12 (twelve) months if the Real Estate Brokerage Agreement is not otherwise agreed and in cases where the Principal concludes with a third party a legal transaction relating to real estate brokerage and which is a consequence of the Broker's action before the termination of the Real Estate Brokerage Agreement.

The Mediator is entitled to intermediary compensation if the spouse, common-law partner, descendant, parent or blood relative in the upright or collateral line, a person who is related to the principal in marriage or a person who is in any way related to the principal (e.g. blood kinship in any line with the said persons, authorized person, employee, employer, associate, etc.) concludes a contract / pre-contract or some other legal transaction relating to the real estate transaction with the person with whom The intermediary brought him into contact.

The provisions of Article 9 (ninth) paragraph 6 (sixth) also apply to legal persons established by the Principal or any other person referred to in the preceding paragraph or if such persons perform management or any other tasks in a legal person.

Article 10

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 matter of this contract, court registration fees, pre-registration and notification, notary prize in the certification of signatures on documents, costs of court fees or state stamps for obtaining the title deed, copies of the cadastral plan, certificates of identification, obtaining a building and/or use permit as well as/or the costs of obtaining other documentation from the competent court, state geodetic administration, banks, administrative departments of 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 these costs in a timely manner in order to obtain these documents in a timely manner. If the broker obtains the aforementioned documentation for the Principal, he is obliged to reimburse the material costs to the broker within 8 (eight) days from the date of incursion of such a cost.

Cooperation with other real estate brokers

Article 11

The Mediator is ready to cooperate with other intermediaries for real estate brokerage who respect the basic ethical principles (which exclude the presentation of untrue business data for the purpose of obtaining business and clients, belittling other intermediaries in any way, for the purpose of obtaining jobs and clients, unrealistic real estate appraisals in order to obtain brokerage transactions and appearance in media with the intention of personal promotion, to the detriment of others).

Real estate brokerage agreement

Article 12

The real estate brokerage agreement obliges the broker to try to find and bring in contact 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 on the property, and the Principal undertakes to pay him a certain brokerage fee if this 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 specifically state information about 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, performs for him and other services related to the work that is the subject of mediation.

The real estate brokerage agreement may contain other information related to the business for which it is mediated (e.g. deadline and conditions for payment of brokerage fees, information on liability insurance, conditions for insurance payment of brokerage fees, etc.).

Exclusive mediation

Article 13

With a real estate brokerage agreement, the principal may undertake not to engage any other broker (exclusively mediation) for the mediated business, which must be expressly agreed upon.

If, during the term of the exclusive brokerage agreement, the Principal concluded a legal transaction through another broker, and for which the exclusive broker was given an order for mediation, he is obliged to pay the exclusive brokerage fee as well as possible additional real costs incurred during mediation for the said mediated business.

When concluding the Contract on exclusive real estate brokerage, the broker is obliged to specifically warn the Principal of the meaning and legal consequences of this clause.

Brokerage agreement

Article 14

The Mediator may transfer the real estate brokerage agreement to other intermediaries if so agreed by the broker and the Principal.

In this case, the Principal remains in a contractual relationship only with the broker with whom he has concluded the contract, and the Broker will submit to the Principal a list of intermediaries to whom the Real Estate Brokerage Agreement is transferred.

Termination of brokerage agreement

Article 15

The brokerage agreement concluded for a certain period of time terminates upon the expiry of the period for which it was concluded if the contract for which it is mediated has not been concluded within that period or by the cancellation of any of the contracting parties, if such a possibility is provided for in the Real Estate Brokerage Agreement. 

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

The process of termination of the Real Estate Brokerage Agreement cannot fall into a storm, i.e. with the intention of depriving the broker of the right to an intermediary fee or knowingly damaging it.

If, within a period of up to 12 (twelve) months after the termination of the Real Estate Brokerage Agreement, the Principal concludes a legal transaction resulting from the Broker's action before the termination of the Real Estate Brokerage Agreement, he is obliged to pay the brokerage fee in full.

The Principal is obliged to compensate the Broker for the costs incurred for which it was otherwise expressly agreed that the Principal pays them separately.

Attention in legal transactions

Article 16

The mediator in performing mediation activities, i.e. other actions related to the work 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

Article 17

The Mediator is obliged when advertising real estate in the media, i.e. other written and electronic media, in the premises of the mediator or in other places where advertising in connection with the property that is the subject of business, to publish his company.

Liability insurance for damage

Article 18

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

For the damage that the broker could cause by conducting mediation, the minimum amount insured may not be less than HRK 200,000.00 (two hundred thousand kuna) per single adverse event, i.e. HRK 600,000.00 (six thousand kuna) for all claims in one insurance year.

The intermediary can also be insured with insurers in a Member State of the European Union and the European Economic Area.

Keeping a trade secret

Article 19

The Mediator is obliged to keep as a trade secret all the information he learns while performing mediation activities, relating to the principal, the real estate for which he mediates or is related to that real estate or to the business for which he mediates or concludes on the basis of special authority.

If he violates his obligation of professional secrecy, the mediator is obliged to compensate the injured parties for the damage they have suffered due to disclosure or non-preservation of the trade secret.

It is not considered that the duty of professional secrecy has been violated, if for the purpose of protection the mediator discloses the data to the persons with whom he seeks to bring the principal into contact, and this was 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, which are not regulated by these General Terms and Conditions or the Real Estate Brokerage Agreement, are subject to the provisions of the Real Estate Brokerage Act and the general provisions of the Civil Obligations Act.

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

Possible disputes between the broker and the principal will try to be resolved amicably, otherwise the competent court in Zagreb has jurisdiction.