General Terms

Pursuant to Article 20 of the Law on Real Estate Brokerage (Official Gazette 69/26, hereinafter: the Law), FAMILY NEKRETNINE d.o.o., TIN: 29630530571, VALBANDON (MUNICIPALITY OF FAŽANA), DRAGONJA STREET 8, entered in the Register of Real Estate Agents under number 4/2022, represented by its managing member, Dean Žunić, (hereinafter: the agent), has adopted the following in Pula on July 7, 2026

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. GENERAL PROVISIONS

These general terms and conditions (hereinafter: “General Conditions”) govern the broker's performance of its real estate brokerage activities in accordance with the Law and other regulations, as well as the business relationship between the broker and the principal who enters into a real estate brokerage agreement with the broker.

These general terms and conditions are an integral part of all real estate brokerage agreements that the broker will enter into with principals as of the date these general terms and conditions are adopted. 

By signing the real estate brokerage agreement, the principal acknowledges that they have read and agree to the terms of these general conditions.

In the event of a conflict between the provisions of the general terms and conditions and those of the real estate brokerage agreement, the provisions of the real estate brokerage agreement shall prevail.

2. MEANING OF TERMS

Certain terms and names, for the purposes of these general terms and conditions and the real estate brokerage agreement, have the following meanings:

• the broker is the company FAMILY NEKRETNINE d.o.o., OIB: 29630530571, VALBANDON (MUNICIPALITY OF FAŽANA), ULICA DRAGONJA 8, registered to provide real estate brokerage services
• the principal is a natural or legal person who enters into a written brokerage agreement with a broker (seller, buyer, lessee, lessor, landlord, tenant, and other possible participants in real estate transactions)
• mediation is the actions of a mediator that connect an agent with a third party, and the negotiation and preparation of legal transactions involving a specific property, especially for purchase, sale, exchange, lease, rent, etc.
• a third party is a person whom a real estate broker seeks to connect with the principal for the purpose of negotiating a legal transaction concerning a specific property
• a brokerage fee is the amount that the client is obligated to pay the broker for brokerage services in real estate transactions
• real estate is parcels of land, in accordance with the general regulation on ownership and other real rights
• an agent is a natural person who has passed the professional examination for performing the duties of an agent, is registered in the Register of Agents, and is employed by the intermediary under an employment contract.

3. MEDIATION AGREEMENT

A real estate brokerage agreement (hereinafter: the brokerage agreement) is a contract whereby a broker undertakes to use reasonable efforts to find and bring a third party into contact with the principal for the purpose of negotiating and entering into a specific legal transaction for the transfer or creation of a specific right in real estate, and the principal agrees to pay him a brokerage fee if that legal transaction is concluded.

The brokerage agreement is entered into in writing for a fixed term.

If the contracting parties do not agree on the contract's duration, the brokerage agreement is deemed to have been entered into for a period of 12 months.

4. EXCLUSIVE MEDIATION

Under an exclusive agency agreement, the principal undertakes not to engage any other agent for the agency business, provided that this obligation is expressly agreed upon.

If during the term of the exclusive brokerage agreement, the principal enters into a legal transaction for the transfer or creation of a specific right to a property through another broker, for which the exclusive broker was instructed to provide brokerage services, the principal is obligated to pay the exclusive broker the agreed-upon brokerage fee and to reimburse any additional actual costs incurred during the brokerage process.

Upon entering into an exclusive agency agreement, the agent is obligated to warn the principal of the legal effects and consequences of such a clause.

5. MEDIATOR'S DUTIES AND JOB DESCRIPTION

By the brokerage agreement, the broker undertakes to perform the following activities and duties:

a) in brokerage for the buyer/lessee/tenant as the client:

• seek to find and connect the client with a person for the purpose of concluding the brokered transaction (sale/purchase, lease, or rental)
• seek to find a suitable property in accordance with the client's instructions and connect the client with the owner of such property or their representative for the purpose of concluding the brokered transaction
• obtain and review the documents proving ownership or other real rights to the offered property, as well as review any other documents provided to the broker by the property owner
• inform the client of the average sale prices, lease rates, and rental rates of comparable properties
• organize viewings of suitable properties
• protect the client's personal data and, upon written instruction, keep as a business secret the information related to the transaction for which the broker provides services
• if the subject of brokerage is land, verify its purpose in accordance with the regulations on spatial planning
• inform the client of all circumstances relevant to the intended transaction that are known to the broker or that the broker should be aware of

b) in brokerage for the seller/lessor/landlord as the client:

• seek to find and connect the client with a person for the purpose of concluding the brokered transaction (sale/purchase, lease, or rental)
• inform the client of the average market price, lease rate, or rental rate of a similar property
• obtain and review the documents proving ownership or other real rights to the subject property, and review other documents provided by the client to the broker
• carry out the necessary activities for presenting and promoting the property on the market, and advertise the property in an appropriate manner 
• allow or refuse property viewings in accordance with the interests of the client and the professional assessment of the broker, acting with the care of a competent professional
• protect the client's personal data and, upon written instruction, keep as a business secret the information about the property and related to that property or the transaction for which the broker provides services
• if the subject of brokerage is land, verify its purpose in accordance with the regulations on spatial planning
• inform the client of all circumstances relevant to the intended transaction that are known to the broker or that the broker should be aware of.

The broker is not responsible for the non-performance of the obligations of the client and/or third party assumed under the brokered legal transaction

6. CLIENT'S OBLIGATIONS

By the brokerage agreement, the client undertakes to:

a) in brokerage for the buyer/lessee/tenant as the client:

• inform the broker of all circumstances relevant to the performance of the brokerage services  
• pay the brokerage fee to the broker
• if expressly agreed, reimburse the broker for costs exceeding the usual costs of brokerage services
• inform the broker in writing of all changes related to the transaction for which the broker is authorized
• if the client wishes to remain anonymous, they are not obliged to disclose their identity to a third party until the conclusion of the legal transaction
• provide the broker with all necessary information that the broker is required to collect about the client and the legal transaction, as prescribed by the Act on the Prevention of Money Laundering and Terrorist Financing

b) in brokerage for the seller/lessor/landlord as the client:

• inform the broker of all circumstances relevant to the performance of the brokerage services and provide accurate information about the property, and if available, provide for review the location permit, building permit, or
• occupancy permit, or location information for the property that is the subject of the brokerage, as well as evidence of fulfillment of obligations towards third parties
• provide the broker with documents proving ownership or other real rights to the property and inform the broker of all registered and unregistered encumbrances 
• allow the broker and the third party to view the property
• inform the broker of all relevant information about the property, including the description and the asking price
• pay the brokerage fee to the broker
• if expressly agreed, reimburse the broker for costs exceeding the usual costs of brokerage services
• inform the broker in writing of all changes related to the transaction for which the broker is authorized, particularly changes related to the ownership of the property
• if the client wishes to remain anonymous, they are not obliged to disclose their identity to a third party until the conclusion of the legal transaction
• provide the broker with all necessary information that the broker is required to collect about the client and the legal transaction, as prescribed by the Act on the Prevention of Money Laundering and Terrorist Financing
• inform the broker without delay of the intention to conclude any legal transaction concerning the property that is the subject of brokerage 
• allow the broker to photograph the property or provide the broker with photographs of the property.

The client is not obliged to commence negotiations or conclude a legal transaction with a third party found by the broker.

If the client does not act in good faith, they shall be liable to the broker for damages and shall reimburse all incurred costs, which may not be less than one-third nor greater than the agreed brokerage fee for the brokered transaction

7. BROKERAGE FOR BOTH PARTIES

The broker is authorized to provide brokerage services for both parties to the brokered legal transaction if they have concluded a brokerage agreement with both parties.

The broker shall take care of the interests of both parties between whom they provide brokerage services with increased diligence, in accordance with professional standards and customary practices.

8. THIRD PARTIES

The broker shall be deemed to have connected the client with a third party for the purpose of negotiating and concluding the brokered legal transaction if they have enabled the client to establish contact with that person, for example:

• if the broker has enabled the client or a third party to view the property; 
• if the broker has organized a meeting between the client and a third party for the purpose of negotiating the conclusion of the brokered legal transaction;
• if the broker has provided the client or a third party, or their representatives, with any information about the property based on which the property can be located (address or cadastral parcel number and cadastral municipality, land registry extract, copy of the cadastral plan, etc.) or has provided them with information about the client or a third party, or their representatives (for example, first and last name/company name, and telephone/mobile number/email address), whether in person or through any communication channel (e-mail, SMS, Viber, WhatsApp, etc.).

The seller/lessor/landlord as the client is obliged to pay the agreed brokerage fee to the broker if they conclude the brokered legal transaction or a similar legal transaction either with a third party with whom they were connected by the broker, or with a member of their family, or with a person on whose behalf the third party viewed the property through the broker, or who viewed the property with the third party through the broker, or to whom the third party transferred information received from the broker about the property, or with a legal entity that can be linked to the third party (e.g., if the third party or a member of their family is the owner, representative, or employee of that legal entity).

The buyer/lessee/tenant as the client is obliged to pay the agreed brokerage fee to the broker if the brokered legal transaction or a similar legal transaction is concluded either by them personally, a member of their family, or a person who viewed the property with them, or any other natural person or legal entity to whom the client has transferred information received from the broker about the property, or a legal entity in any way connected with the client (e.g., if the client or a member of their family is the owner, representative, or employee of that legal entity).

Family members within the meaning of the preceding provisions shall be considered a spouse, unmarried partner, life partner, descendant, parent, blood relatives in the direct or collateral line, and a person related by marriage.

9. BROKERAGE FEE

The broker is entitled to the brokerage fee only after the conclusion of the contract for which the broker provided brokerage services, unless it has been agreed in the brokerage agreement that this right arises already upon the conclusion of a preliminary contract.

The brokerage fee shall become due within 8 days from the date of conclusion of the contract for which the broker provided brokerage services, or from the conclusion of the preliminary contract by which the client undertook to conclude such contract.  

The client is obliged to pay the agreed brokerage fee to the broker also in the event that they conclude with a person with whom they were connected by the broker a legal transaction involving the transfer of real estate that differs from the transaction for which the broker provided brokerage services.

The broker charges the brokerage fee only from those persons who have concluded a brokerage agreement with the broker.

The broker may, in relation to the brokerage of the same property, charge the brokerage fee from the client and from a third party who becomes a client, or from both parties to the brokered legal transaction, provided that the broker has concluded a separate brokerage agreement with each party.

The broker may not charge a brokerage fee from a third party who assumes the role of buyer, tenant, or other party in the legal transaction and has not concluded a brokerage agreement with the broker.

If the property is owned by a legal entity and, through the broker’s services, the sale of shares in that legal entity is concluded, all provisions of these general terms and conditions shall apply accordingly in such a case, meaning that the client shall also be obliged to pay the agreed brokerage fee to the broker, with the basis for its calculation being the market value of the property that is the subject of brokerage.

The agreed brokerage fee includes:

• the performance of all broker activities listed in these general terms and conditions under 5. BROKER'S OBLIGATIONS AND JOB DESCRIPTION
• preparation of the confirmation of receipt of the deposit, preliminary contract, and purchase/sale or exchange agreement.

The agreed brokerage fee does not include:

• resolution of property law relations regarding the property that is the subject of brokerage
• arranging the land registry status of the property that is the subject of brokerage
• costs of additional services that are not included in the basic brokerage services
• preparation of documents required for the transfer of shares in a company
• preparation of a rental/lease agreement
• costs of notary public services, land registry registration, translations, court and administrative fees

The costs of additional services that are not included in the basic brokerage services may be charged in the amount of actual costs, if this has been specifically agreed with the client.

Statutory default interest shall be charged on the brokerage fee paid late.

10. AMOUNT AND PARTIES LIABLE FOR PAYMENT OF THE BROKERAGE FEE 

The amount of the brokerage fee is agreed upon in the brokerage agreement, in accordance with the Price List, which forms an integral part of these general terms and conditions and the brokerage agreement.
Value Added Tax (VAT) at the rate of 25% shall be calculated on the agreed brokerage fee.

The costs of additional services that are not included in the basic brokerage services may be charged in the amount of actual costs, if this has been specifically agreed with the client.

The party liable for payment of the brokerage fee is each contracting party in the brokered legal transaction that has concluded a brokerage agreement with the broker.

If the broker has concluded brokerage agreements with two clients for the same property and those agreements stipulate that the brokerage fee shall be paid by both contracting parties, the total amount of the brokerage fee charged to both clients for the same property may not exceed the maximum amount of the brokerage fee specified in the valid Price List at the time of conclusion of those brokerage agreements.

If the broker has concluded brokerage agreements with two clients for the same property and those agreements stipulate that the brokerage fee shall be paid by only one contracting party, the broker may charge that contracting party a brokerage fee only up to a maximum of half of the amount of the brokerage fee specified in the valid Price List at the time of conclusion of that brokerage agreement.

If, through the broker’s services, the transfer of shares in a company that owns the property is agreed, the brokerage fee shall be calculated based on the market value of the property, and for the purpose of calculating the brokerage fee, the acquirer of the shares shall be considered the buyer, while the transferor of the shares shall be considered the seller within the meaning of the applicable Price List.

The brokerage fee is determined by the brokerage agreement, in accordance with the minimum and maximum amounts of brokerage fees for each type of brokerage service defined in the following Price List:

BROKERAGE FEE PRICE LIST
effective from 7 July 2026.

11. PROPERTY ADVERTISING

Property advertising is based on the property information and documents from public registers provided to the broker by the client.

The broker’s offers are not binding, and therefore, if an error occurs in the advertisement regarding the description or price of the property, or if the property is no longer available (due to sale/rental/lease or withdrawal of the property from the market), the broker shall in no way be liable to the client or a third party for such errors or changes.

Photographs/recordings of properties for advertisements are generally taken personally by the broker. 

If the client requests that the property be advertised using professionally made photographs/recordings, the client guarantees to the broker that the right to use such photographs/recordings for the purpose of advertising the property for sale has been agreed with the author, and that the author has been paid the fee for such use. Otherwise, the client shall be responsible for the unauthorized use of such photographs/recordings in accordance with the Copyright and Related Rights Act, and shall be liable for any damage caused to the author and the broker.

12. PROPERTY VIEWING

When viewing a property through the broker, the third party and the broker shall sign a viewing confirmation, by which the broker, i.e. the agent, proves to the client that the property has been shown to third parties.

Signing the property viewing confirmation shall not be considered a brokerage agreement.

The broker has the right, based on their professional assessment, to refuse property viewings to certain persons if they consider this to be in the interest of the client, while acting with the care of a competent professional. 

The third party is obliged, after viewing the property, to keep as a business secret all information about the property and its owner, and is not authorized to disclose such information to other persons. Otherwise, the broker has the right to claim compensation for damages from the third party.

13. PROPERTY RESERVATION

The broker is authorized, based on a special instruction from the client, to receive from the client or a third party, within the agreed period, the agreed monetary amount as a reservation fee for the property that is the subject of brokerage (hereinafter: the reservation amount).

By accepting the reservation amount for the agreed period, the property that is the subject of brokerage shall no longer be available for viewing by other persons, nor shall it be offered as part of the broker’s listings.

If the brokered legal transaction is not concluded within the reservation period, upon expiry of that period the property shall become available again for viewing by other persons and shall become part of the broker’s listings.

The broker shall handle the reservation amount in accordance with the separate instruction of the client who authorized the broker to receive the reservation amount, whereby it shall be specifically agreed which part of that amount, in the event that the brokered legal transaction is not concluded, may belong to the broker to cover the costs related to the completed reservation.

14. ANONYMOUS CLIENT

When the broker provides brokerage services for a client who wishes to remain anonymous, the broker is neither obliged nor required to disclose the identity of the client to a third party wishing to conclude a legal transaction with the client until the conclusion of the legal transaction.

In the case referred to in the preceding paragraph, the broker and the third party shall conclude a confidentiality agreement.

15. SUB-BROKERAGE AGREEMENT

The broker may transfer the brokerage agreement to another broker if such transfer has been expressly agreed between the broker and the client. 

In the case of sub-brokerage, the client remains in a contractual relationship exclusively with the broker with whom they have concluded the brokerage agreement.

The broker is obliged to provide the client with a written list of the brokers to whom the brokerage agreement has been transferred.

In the case of sub-brokerage, the broker may provide the sub-broker with personal data of the client, third parties, and their representatives or authorized persons, but only to the extent necessary for the performance of the specific brokerage service and the achievement of the purpose for which the data is processed.

The sub-broker is obliged to process personal data in accordance with applicable personal data protection regulations and to use such data exclusively for the purposes of carrying out the brokerage service.

16. TERMINATION OF THE BROKERAGE AGREEMENT

A brokerage/exclusive brokerage agreement concluded for a fixed term shall terminate upon the expiry of the period for which it was concluded, if the contract for which the brokerage services were provided has not been concluded within that period, or by termination by either contracting party.

The client is obliged to reimburse the broker for incurred costs for which it was expressly agreed that they would be paid separately by the client.

If, after the termination of the brokerage/exclusive brokerage agreement, the client concludes a legal transaction that is a result of the broker’s activities performed before the termination of the agreement, the client is obliged to pay the broker the full brokerage fee.

Notice of termination of the brokerage agreement must be delivered to the other contracting party in writing.

If the notice period is not expressly specified in the brokerage/exclusive brokerage agreement, the brokerage/exclusive brokerage agreement shall terminate on the date of receipt of the written notice of termination.

17. PROCESSING OF PERSONAL DATA

The broker, as the controller of personal data processing, processes the personal data of the client, third parties, and their representatives or authorized persons in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), the Act on the Implementation of the General Data Protection Regulation, and other applicable regulations.

The broker processes the personal data of the client, third parties, and their representatives or authorized persons that are necessary for the conclusion and performance of the brokerage agreement, the exercise of rights and obligations arising from the contractual relationship, connecting the client and the third party for the purpose of negotiating the conclusion of a legal transaction, carrying out the brokered legal transaction, and fulfilling the broker’s legal obligations.

Within the scope of the stated purposes, the broker may process, in particular, the following data: first and last name, permanent or temporary residence address, date of birth, personal identification number (OIB), contact telephone number, email address, property-related information, payment account details (IBAN), identification document data, and other data necessary for the performance of brokerage services and the conclusion of the brokered legal transaction.

For the purpose of preparing, concluding, and carrying out the brokered legal transaction, the broker may provide the personal data of the client, third parties, and their representatives or authorized persons to a lawyer, notary public, tax advisor, credit institution, or other professional advisor involved in the specific legal transaction, as well as to the other contracting party and their authorized representative, when such disclosure is necessary and solely to the extent required to achieve the stated purpose.

Personal data shall be processed only to the extent necessary to achieve the purpose of processing and for the period determined by applicable regulations or for the period necessary to exercise rights and obligations arising from the contractual relationship.
Detailed information on the processing of personal data, the rights of data subjects, and the manner of exercising those rights is available in the broker’s Privacy Policy.

18. CONSENT FOR PHOTOGRAPHING, CREATION, AND PUBLICATION OF PROPERTY PHOTOGRAPHS

By signing the brokerage agreement, the client gives consent to the broker, for the purpose of performing the brokerage agreement, to photograph and/or otherwise appropriately document the property that is the subject of brokerage, and to use the created photographs and other recordings of the property for the purpose of presenting and advertising the property on the market.

The broker may publish photographs and other recordings of the property through their websites, media, online advertising platforms, social networks, and other communication channels used by the broker for advertising and brokerage in real estate transactions. The same may also be done by sub-brokers if the possibility of sub-brokerage has been agreed.

The client undertakes to remove or protect, before photographing, any items, documents, or other belongings that they do not wish to be shown to third parties or made available through published photographs.

The broker shall use the photographs exclusively for the purpose of brokerage in real estate transactions and shall not use them for other purposes without an appropriate legal basis.

19. SUBMITTING COMPLAINTS

Pursuant to the Consumer Protection Act (Official Gazette No. 19/22, 59/23), the consumer has the right to submit a written complaint at the broker’s business premises, by mail to the address Smareglina ulica 5, Pula, or by email to info@family-nekretnine.hr.

The broker shall provide a written response to the consumer’s complaint within 15 days from the date of receipt of the complaint.

20. FINAL PROVISIONS

For all matters not regulated by these general terms and conditions or the brokerage agreement, the applicable laws and other regulations in force in the Republic of Croatia shall apply.

The broker shall endeavor to resolve any potential disputes with the client amicably. If no agreement is reached, the dispute shall be resolved by the competent court with territorial jurisdiction according to the broker’s registered seat.

These general terms and conditions shall enter into force on 7 July 2026 and shall be published at the broker’s business premises.