In accordance with the positive provisions of the Real Estate Brokerage Act (Official Gazette Nos. 107/07, 144/12, 14/14, 32/19), the company Hermes nekretnine d.o.o., with its registered office in Zagreb, Vlaška ulica 45, OIB: 11387134576, represented by Director Maruša Markulin Raič,
(hereinafter: the Broker),
in Zagreb, on April 15, 2024, adopts the following
GENERAL TERMS AND CONDITIONS OF BUSINESS
(hereinafter: General Terms)
General Provisions
Article 1
These General Terms and Conditions of the real estate broker regulate the business relationship between the Broker and a natural or legal person (hereinafter: the Client) who enters into a written Real Estate Brokerage Agreement with the Broker (hereinafter: the Brokerage Agreement).
The General Terms form an integral part of the Brokerage Agreement concluded between the Broker and the Client.
By entering into the Brokerage Agreement, the Client confirms that they are familiar with and agree to all provisions of the Broker's General Terms, including in cases where the Broker's agents are engaged.
By accessing the website www.hermes-nekretnine.hr, the visitor expresses their agreement with all provisions of the General Terms.
Meaning of Terms Contained in the General Terms
Article 2
Certain terms, within the meaning of the Real Estate Brokerage Act and these General Terms, have the following definitions:
Real Estate Offerings
Article 3
· The Broker’s real estate listings are based on information received in writing and/or orally from property owners offering properties for sale, lease, or rent, as well as on data provided in written and/or oral instructions from the Client.
The Client is obliged to provide the Broker with complete and accurate information and valid and truthful documents relating to the quality, legality, ownership, and other real rights associated with the subject property, and bears full responsibility for the accuracy and truthfulness of all information about the property, as well as any personal data provided to the Broker in relation to the legal transaction for which the Broker is acting.
The Client acknowledges and accepts that all liability arising from or resulting from a breach of the provisions of the previous paragraph lies solely with them as the seller, lessor, or landlord.
The Client acknowledges that there may be errors in the description and price of the property and that the advertised property may already be sold, rented, or withdrawn from sale by the owner, and that the Broker bears no liability in such cases.
Offers and notifications must be treated as business secrets by the Client and may only be shared with third parties with the Broker’s written consent.
If the recipient of the Broker’s offer is already familiar with the properties offered, they are obliged to inform the Broker without delay, and no later than within 24 (twenty-four) hours, in writing via email, fax, or registered mail. Otherwise, they are fully bound to fulfill all contractual obligations towards the Broker.
Obligations of the Broker
Article 4
· Upon conclusion of the Real Estate Brokerage Agreement with the Client, the Broker undertakes to perform the following duties with the care of a diligent and conscientious businessperson:
• Strive to find and connect the Client with a person for the purpose of concluding the brokered transaction,
• Inform the Client about the average market price of similar properties,
• Obtain and review documents that prove ownership or other real rights on the property,
• Carry out necessary actions to present the property on the market, advertise it appropriately, and perform other actions agreed in the Brokerage Agreement that go beyond usual marketing, for which the Broker has the right to charge specifically agreed costs in advance,
• Enable property viewings,
• Mediate negotiations and strive to ensure the conclusion of a preliminary or main contract, if specifically agreed,
• Keep the Client’s personal data and, upon written request, treat as a business secret any information about the property and the related transaction,
• If the subject of the agreement is land, verify its purpose in accordance with spatial planning regulations,
• Inform the Client of all circumstances relevant to the intended transaction that are or should be known to the Broker,
• Undertake other necessary negotiations and preparatory actions related to the real estate transaction.
· If the Broker performs additional services for the Client in connection with the transaction, they will be contracted separately, including the type and amount of costs.
The Broker is not responsible for the non-performance of obligations by the Client or third party under a legal transaction that is the subject of the brokerage.
Connecting with a Third Party / the Subject Property
Article 5
It is considered that the Broker has facilitated the Client's contact with a third party (natural or legal person) with whom negotiations were conducted for the conclusion of a legal transaction, especially if:
• the Broker directly brought or directed the Client to view the subject property,
• the Broker organized a meeting between the Client and the third party for the purpose of negotiating a legal transaction,
• the Broker provided the Client with the name, phone number, email, or fax of the third party authorized to conclude the legal transaction or disclosed the exact location of the desired property,
• the Client received from the Broker an offer or email containing data about the property and/or its owner, or a third party or a company affiliated with the third party,
• the Broker enabled the Client to contact the third party in any other way that leaves no doubt about the identification of the person authorized for negotiations and/or conclusion of the legal transaction.
If the Client is already familiar with the offered properties or has already contacted the third party, they are obliged to inform the Broker without delay in writing, via email or registered mail. Otherwise, it shall be considered that the Broker established the contact.
Obligations of the Client
Article 6
By entering into the Real Estate Brokerage Agreement, the Client agrees in particular to:
• inform the Broker of all circumstances relevant to the mediation and provide accurate data on the property, including (if available) location, building, and usage permits, as well as proof of fulfilled obligations to third parties,
• provide the Broker with documentation proving their ownership or other real right over the property and inform the Broker of all registered and unregistered encumbrances on the property,
• allow the Broker and third parties interested in concluding the transaction to view the property,
• inform the Broker of all essential information regarding the requested property, especially its description and price,
• after conclusion of the preliminary or main contract, if agreed that the brokerage fee becomes due upon signing a preliminary contract, pay the agreed fee to the Broker (unless agreed otherwise),
• if explicitly agreed – reimburse the Broker for incurred costs exceeding standard brokerage expenses,
• notify the Broker in writing of any changes relating to the transaction for which the Broker was authorized, especially regarding changes in ownership.
The Client is not obliged to negotiate or conclude a legal transaction with the third party introduced by the Broker.
However, the Client is liable for damages if they did not act in good faith and must reimburse all brokerage expenses, which cannot be less than 1/3 nor more than the agreed fee.
By signing the Brokerage Agreement, the Client guarantees under material and criminal liability that they are the person they claim to be and is liable for any damage caused to the Broker or third parties otherwise.
The Client confirms that they voluntarily provided their personal data, including OIB, for the purpose of participating in the real estate transaction and identification.
The Client agrees to provide the Broker with all necessary information required under the Anti-Money Laundering and Terrorist Financing Act when concluding the final purchase agreement.
Anonymous Client
Article 7
The Broker who performs brokerage services for a Client who wishes to remain anonymous is not obligated to disclose the Client’s identity to a third party interested in entering into a legal transaction with the Client until the transaction is concluded.
Brokerage Fee
Article 8
The brokerage fee paid by the Client for real estate purchase and sale services amounts to 3% of the achieved purchase price, unless otherwise agreed in the Brokerage Agreement between the Broker and the Client.
Right to Brokerage Fee
Article 9
The Broker becomes entitled to the brokerage fee upon the conclusion of the agreement for which they brokered, unless otherwise agreed to become due upon the conclusion of a preliminary agreement and/or the first legal act between the Client and the third party.
In case of late payment, statutory default interest will apply.
The Broker may not demand partial payment of the fee in advance, i.e., before conclusion of the agreement or preliminary agreement.
Costs for additional services related to the real estate transaction may be charged in actual amounts if agreed separately between the Broker and the Client.
After termination of the Brokerage Agreement, the Broker has the right to the agreed brokerage fee within 12 months, unless otherwise agreed, if the Client concludes a real estate transaction resulting from the Broker’s actions before termination.
The Broker also has the right to the fee if the Client's spouse, common-law partner, descendant, parent, relative, in-law, or any person related to the Client (e.g., authorized representative, employee, employer, associate) concludes the transaction with the party introduced by the Broker.
This applies equally to legal entities established by the Client or such related persons, or if those persons are involved in the management or operations of the entity.
Article 10
The brokerage fee does not include the following costs borne by the Client:
Translations by certified court interpreters, court fees for registration, pre-registration or annotations, notary fees for signature verification, fees for ownership certificate, cadastral maps, certificates of identification, building/use permits, or documentation from competent courts, the State Geodetic Administration, banks, or local/state government offices.
The Client must promptly submit proof of payment for such costs to the Broker. If the Broker obtains the documents, the Client shall reimburse the material costs within 8 days from the expense date.
Cooperation with Other Brokers
Article 11
The Broker is open to cooperation with other real estate brokers who respect core ethical principles (excluding the spread of false business information to acquire clients, disparaging other brokers, providing unrealistic valuations to gain business, and public self-promotion at others’ expense).
Real Estate Brokerage Agreement
Article 12
By concluding the Real Estate Brokerage Agreement, the Broker undertakes to find and connect the Client with a person for the purpose of negotiating and concluding a legal transaction related to the transfer or establishment of a specific right on the property. The Client agrees to pay the Broker a brokerage fee if such a legal transaction is concluded.
The Brokerage Agreement must be made in writing and for a definite period.
The Agreement must include details about the Broker, the Client, the type and essential content of the transaction, the amount of the brokerage fee, and any additional costs if the Broker performs other services related to the transaction by agreement.
The Agreement may also contain additional provisions (e.g., payment terms, liability insurance, or guarantee conditions for payment of the brokerage fee).
Exclusive Brokerage
Article 13
The Client may agree that no other broker will be engaged for the same transaction (exclusive brokerage). Such obligation must be explicitly agreed upon.
If the Client enters into a legal transaction with another broker during the validity of the exclusive agreement — despite previously assigning that transaction to the exclusive Broker — they are obliged to pay the agreed brokerage fee and any actual additional costs incurred.
When concluding an exclusive brokerage agreement, the Broker must specifically inform the Client of the meaning and legal consequences of such a clause.
Sub-Brokerage Agreement
Article 14
The Broker may assign the brokerage agreement to other brokers if agreed with the Client.
In such a case, the Client remains contractually bound only to the original Broker, who must provide a list of all sub-brokers involved.
Termination of the Brokerage Agreement
Article 15
A fixed-term brokerage agreement ends upon expiration unless a transaction is concluded or one party terminates the agreement as allowed under the terms.
If unilateral termination is agreed and no notice period is specified, the default notice period is 30 days from the date of receipt of the registered termination letter.
The termination cannot be timed with the intent to deprive the Broker of their commission or to cause intentional harm.
If the Client concludes a legal transaction within 12 months of contract termination resulting from the Broker’s previous efforts, the Broker is entitled to the full brokerage fee.
The Client must also reimburse the Broker for any agreed-upon costs incurred during the brokerage.
Due Care in Business Conduct
Article 16
The Broker must act with increased diligence, in accordance with professional standards and customary practices (duty of a good professional).
Real Estate Advertising
Article 17
When advertising real estate in public media, whether in print or electronic form, on the Broker's premises, or in any other permitted location, the Broker is required to disclose their company name.
Liability Insurance
Article 18
The Broker must obtain and maintain liability insurance with an insurer in the Republic of Croatia to cover any damages that may be caused to the Client or third parties during the provision of brokerage services.
The minimum insured amount shall not be less than HRK 200,000.00 per insured event or HRK 600,000.00 for all claims within one insurance year.
The Broker may also be insured by an insurer from a European Union or European Economic Area member state.
Confidentiality
Article 19
The Broker must keep confidential all information learned during brokerage activities that pertains to the Client, the property being brokered, or any related transactions or authorizations.
If the Broker breaches confidentiality, they are obliged to compensate the affected parties for damages caused by the disclosure.
Disclosure is not considered a breach if such information is provided to persons whom the Broker is trying to connect with the Client and the disclosure is necessary for fulfilling obligations under the Brokerage Agreement.
Final Provisions and Dispute Resolution
Article 20
For matters between the Broker and the Client not covered by these General Terms or the Brokerage Agreement, the provisions of the Real Estate Brokerage Act and the general provisions of the Obligations Act shall apply.
These General Terms take effect on the date of adoption and remain in force until amended or replaced.
Any disputes will be resolved amicably; if not possible, the competent court in Zagreb shall have jurisdiction.