General Provisions

The General Terms and Conditions (hereinafter: Terms) of the real estate broker govern the business relationship between the broker and the natural/legal person (hereinafter: the client) who enters into a Real Estate Brokerage Agreement with the broker.

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

By signing the Brokerage Agreement, the client confirms that they are familiar with and agree to all provisions of the broker’s General Terms and Conditions, as well as in the case of engaging the broker’s agents.

By accessing any part of the website www.constigo.hr or the advertising platform where the broker advertises (https://www.njuskalo.hr/investitor/constigo-grupa), you agree to all the provisions and conditions outlined in the Terms. If you do not agree with all the Terms, do not use these websites or the broker’s services.

Definition of Terms Contained in the General Terms and Conditions

Certain terms, as defined by the Real Estate Brokerage Act and the General Terms and Conditions, have the following meanings;

• A real estate broker is a company, sole trader, or craftsman registered to perform real estate brokerage activities, with a registered office in the territory of the Republic of Croatia. A real estate broker may also be a company, sole trader, or craftsman registered in a state that is a contracting party to the Agreement on the European Economic Area.
• A real estate brokerage agent is an individual listed in the Registry of Real Estate Brokerage Agents (hereinafter: Agent).
• Real estate brokerage refers to the actions of the real estate broker in connecting the client with a third party and negotiating and preparing for the conclusion of legal transactions concerning specific real estate, particularly for buying, selling, exchanging, leasing, renting, and similar activities.
• Real estate refers to plots of land, along with everything permanently attached to the land on the surface or below, in accordance with the provisions of general property laws and other real rights.
• The client is a natural or legal person who enters into a written Real Estate Brokerage Agreement with the broker (seller, buyer, lessee, lessor, landlord, tenant, or other possible participants in real estate transactions).
• A third party is a person the broker aims to connect with the client to negotiate the conclusion of a legal transaction involving specific real estate.
• A Real Estate Brokerage Agreement is a written document in which the broker commits to finding and connecting the client with a person for negotiating and concluding a legal transaction concerning the transfer or establishment of a particular right on real estate, while the client commits to paying a specified brokerage fee if that transaction is concluded.
• An Exclusive Real Estate Brokerage Agreement is a written document in which the client agrees not to engage any other broker for the brokerage service. If, during the term of the Exclusive Brokerage Agreement, the client concludes a legal transaction through another broker, despite the exclusive broker’s mandate, the client must pay the agreed brokerage fee and any additional actual costs incurred during the brokerage for the specified transaction. Upon signing the Exclusive Brokerage Agreement, the broker must specifically inform the client of the meaning and legal consequences of this clause.
• The brokerage fee is the amount the client has agreed to pay the broker for the provided brokerage service.

Property Listings

• The broker’s property listings are based on information received either in writing or orally and are subject to confirmation.
• The broker disclaims responsibility for any errors in the property advertisements if the client fails to provide timely notice of price reductions, withdrawal from sale/rental/lease, completed sale/rental/lease, or if relevant information about the properties is withheld by the client.
• The client must keep the broker’s property listings and/or notifications confidential and may only share them with another person or entity with the broker’s written consent.
• If the client is already familiar with a property that is the subject of the Real Estate Brokerage Agreement, they are obligated to immediately inform the broker in writing, either via email or registered mail.
  
  

Obligations of the Broker

When entering into a Real Estate Brokerage Agreement with the client, the broker commits to performing the following duties with the care of a diligent and conscientious businessperson, in particular:

• endeavor to find and connect the client with a person for the conclusion of the brokered transaction,
• inform the client of the average market price of similar properties,
• obtain and review documents proving ownership or other real rights on the property in question,
• carry out necessary actions for the presentation of the property on the market, advertise the property in an appropriate manner, and perform any other actions agreed upon in the Real Estate Brokerage Agreement that exceed standard presentation, for which the broker is entitled to specific, pre-disclosed expenses,
• facilitate property viewings,
• mediate negotiations and strive to facilitate the conclusion of a preliminary contract/contract, if specifically committed to doing so,
• keep the client’s personal data confidential and, upon the client’s written order, treat as a business secret any information about the property for which brokerage is being provided or related to that property or transaction,
• if the subject of the contract is land, verify the intended use of the land in accordance with spatial planning regulations applicable to that land,
• inform the client of all circumstances relevant to the intended transaction that are known or should be known to the broker,
• conduct any other necessary negotiations and preparatory actions for the conclusion of the legal transaction related to real estate brokerage.

If the broker performs additional tasks related to the transaction that is the subject of brokerage upon agreement with the client, these tasks will be specifically contracted, including the type and amount of expenses.

The broker is not responsible for the non-fulfillment of obligations by the client or the third party, which are obligations undertaken through the legal transaction concluded between the client and the third party, concerning the property for which the broker provided brokerage services.

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Connecting with a Third Party/Subject Property

It is considered that the broker has facilitated the client’s connection with a third party (natural or legal person) with whom negotiations for a legal transaction have been conducted, especially if the broker has:

• personally brought or directed the client to view the subject property,
• organized a meeting between the client and the third party for negotiating the legal transaction,
• informed the client of the name, company name, phone number, email, or fax of the third party authorized to conclude the legal transaction, or provided the exact location of the desired property,
• when the client has received an offer or email from the broker containing information about the subject property and/or its owner or the third party, or their associated company/another entity or individual authorized to conclude the legal transaction expressing interest in the transaction related to the subject property,
• or has facilitated contact between the client and the third party in any other manner that leaves no doubt about the identification of the authorized person for negotiation and/or conclusion of the legal transaction.

If the client is already familiar with the properties offered or has already made contact with the third party, they are obligated to inform the broker immediately in writing, via email, or by registered mail. Otherwise, it will be deemed that the broker has connected them with the subject property or the third party.

Obligations of the Client

By entering into the Real Estate Brokerage Agreement, the client agrees to perform the following duties in particular:

• notify the broker of all circumstances relevant to the brokerage process and provide accurate information about the property, and if available, present the broker with the location, building, or occupancy permit for the property subject to the Real Estate Brokerage Agreement, as well as evidence of compliance with obligations to third parties,
• provide the broker with documents proving their ownership of the property or other real rights on the property that is the subject of the Real Estate Brokerage Agreement and inform the broker of any registered and unregistered encumbrances existing on the property,
• ensure that the broker and any third parties interested in concluding the brokered transaction have access to view the property,
• inform the broker of all essential information about the requested property, which particularly includes a description of the property and its price,
• after concluding the brokered legal transaction or the preliminary contract committing to conclude the brokered legal transaction, if the broker and client have agreed that the right to payment of the brokerage fee is acquired upon the signing of the preliminary contract, pay the broker the brokerage fee, unless otherwise agreed,
• if explicitly agreed, reimburse the broker for expenses incurred during the brokerage that exceed the usual brokerage costs,
• inform the broker in writing of any changes related to the transaction for which the broker has been authorized, especially regarding changes in property ownership.

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

The client shall be liable to the broker for damages if they have not acted in good faith and must reimburse all expenses incurred during the brokerage, which cannot be less than 1/3 or greater than the agreed brokerage fee for the brokered transaction.

By signing the Real Estate Brokerage Agreement with the broker, the client, under material and criminal liability, guarantees and confirms that they are the person they represent; otherwise, they are liable for any damage caused to the broker and/or any other person in the legal transaction mediated by the broker under the Real Estate Brokerage Agreement.

When entering into the Real Estate Brokerage Agreement with the broker, the client confirms that they have voluntarily provided the broker with their personal data, including their VAT ID, for the purpose of participating in the purchase/rental/lease of the property or any other legal transaction related to real estate brokerage and to establish unambiguous identification.

The client commits that when concluding the sales transaction with the third party that is the subject of the Real Estate Brokerage Agreement, they will provide the broker with all necessary information and data that the broker is obligated to collect about the client and the legal transaction, as specified by the Law on Prevention of Money Laundering and Terrorist Financing.

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Anonymous Client

The broker conducting brokerage services for a client who wishes to remain anonymous is not obligated to disclose the identity of the client to any third party wishing to enter into a legal transaction with the client until the legal transaction is concluded.

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Brokerage Fee

The brokerage fee paid by the client for the brokerage service in the purchase and sale of real estate amounts to 3% of the purchase price unless otherwise agreed in the brokerage agreement between the broker and the client. The applicable VAT amount will be calculated on this percentage of the brokerage fee.

Right to Brokerage Fee

The broker acquires the right to a brokerage fee upon the conclusion of the contract for which they mediated, unless the broker and the client have agreed that the right to payment is acquired upon the signing of a preliminary contract and/or the first legal act between the client and the third party.

In the event of a delay in the payment of the brokerage fee, statutory late payment interest shall be calculated.

The broker cannot demand partial payment of the brokerage fee in advance, that is, before the conclusion of the contract or preliminary contract and/or the first legal act.

The broker may charge for additional services related to the transaction subject to brokerage at actual cost if this has been specifically agreed upon between the broker and the client.

After the termination of the Real Estate Brokerage Agreement, the broker is entitled to the agreed brokerage fee for up to 12 (twelve) months, unless otherwise specified in the Real Estate Brokerage Agreement, in cases where the client enters into a legal transaction with a third party concerning the brokerage of real estate, which is a result of the broker’s actions before the termination of the Real Estate Brokerage Agreement.

The broker has the right to a brokerage fee if the spouse, partner, descendant, parent, or blood relative in a direct or collateral line, a person related by marriage to the client, or a person connected to the client in any way (e.g., blood relatives in any line with the aforementioned persons, authorized representatives, employees, employers, associates, etc.) concludes a contract/preliminary contract or any other legal transaction regarding real estate with the person the broker has connected them to.

The broker has the right to a brokerage fee after the conclusion of the contract for which they mediated, even without a previously signed Brokerage Agreement with the client, if it is clear that the broker mediated in the legal transaction in question, unless the broker and the client have agreed that the client is exempt from paying the brokerage fee.

The provisions of Article 9, paragraph 6 also apply to legal entities established by the client or any other person mentioned in the previous paragraph, or if such persons perform management duties or any other work within the legal entity.

The brokerage fee does not include the following costs incurred by the client: translations by a certified court interpreter of all documents related to this agreement, court fees for registration, pre-registration, and notes, notary fees for signature verification on documents, costs of court fees or state stamps for obtaining a property certificate, copies of the cadastral plan, identification certificates, obtaining building and/or occupancy permits, and/or costs of obtaining other documentation from the competent court, state geodetic administration, banks, administrative departments of local and/or regional self-government bodies, or any other authorities.

The client is therefore obliged to timely provide the broker with proof of payment of the mentioned costs so that the necessary documentation can be obtained in a timely manner. If the broker obtains the aforementioned documentation for the client, the client must reimburse the broker for the material costs within 8 (eight) days from the date the costs were incurred.

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Collaboration with Other Real Estate Brokers

The broker is open to collaboration with other real estate brokers who respect fundamental ethical principles (which exclude the dissemination of false information about business to obtain transactions and clients, belittling other brokers in any way to gain business and clients, unrealistic property valuations to secure brokerage transactions, and public appearances in media for personal promotion at the expense of others).

Real Estate Brokerage Agreement

Under the Real Estate Brokerage Agreement, the broker commits to endeavoring to find and connect the client with a person for negotiating and concluding a legal transaction concerning the transfer or establishment of a particular right on real estate, while the client agrees to pay the broker a specified brokerage fee if that legal transaction is concluded.

The Real Estate Brokerage Agreement is made in written form and for a specified period.

The Real Estate Brokerage Agreement between the broker and the client must particularly include information about the broker, the client, the type and essential content of the transaction for which the broker is mediating, the amount of the brokerage fee, and any possible additional costs that may arise when the broker performs other services for the client in relation to the transaction being brokered.

The Real Estate Brokerage Agreement may also include other relevant information regarding the transaction for which brokerage is provided (e.g., deadlines and conditions for payment of the brokerage fee, information on liability insurance, conditions for securing payment of the brokerage fee, etc.).

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Exclusive Brokerage

The broker may transfer the real estate brokerage agreement to other brokers if this is agreed upon by the broker and the client.

In this case, the client remains in a contractual relationship only with the broker with whom the agreement was made, and the broker will provide the client with a list of brokers to whom the real estate brokerage agreement is transferred.

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Termination of the Brokerage Agreement

The brokerage agreement concluded for a fixed period shall terminate upon the expiration of the term for which it was made, unless a contract for which mediation was provided is concluded during that period or upon termination by either party, if such a possibility is stipulated in the real estate brokerage agreement.

In the case of an agreed option for unilateral termination of the real estate brokerage agreement, if the notice period is not explicitly defined in the agreement itself, the notice period shall be 30 (thirty) days from the receipt of the notice sent by registered mail with return receipt.

The termination of the real estate brokerage agreement cannot be done in bad faith, intending to deprive the broker of their right to the brokerage fee or to knowingly cause harm.

If, within 12 (twelve) months after the termination of the real estate brokerage agreement, the client concludes a legal transaction that is a result of the broker’s actions prior to the termination of the real estate brokerage agreement, they are obligated to pay the broker the full brokerage fee.

The client is required to reimburse the broker for any incurred costs that were explicitly agreed to be paid separately by the client.

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Attention in Legal Transactions

The broker, in performing brokerage tasks or other actions related to the transaction that is the subject of brokerage, must act with increased diligence, according to the rules of the profession and customary practices (the care of a good professional).

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Advertising Real Estate

The broker is obligated, when advertising properties in public media, as well as in other written and electronic media, in the broker’s premises, or in other places where advertising related to the property being brokered is permitted, to disclose their company name.

Liability Insurance

The real estate broker is required to secure and maintain liability insurance with an insurer in the Republic of Croatia for any damages that may be caused to the client or third parties as a result of their brokerage activities.

The minimum insured amount for damages caused by the broker’s actions in performing brokerage services cannot be less than HRK 200,000.00 (two hundred thousand kuna) per individual incident and HRK 600,000.00 (six hundred thousand kuna) for all claims in a single insurance year.

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

Confidentiality of Business Information

The broker is obligated to keep all information obtained during the brokerage activities as confidential business information, relating to the client, the property being brokered, or connected to that property or the transaction being mediated or concluded based on a special authorization.

If the broker breaches their obligation to maintain confidentiality, they are required to compensate the affected parties for damages incurred as a result of the disclosure or failure to safeguard the confidential business information.

It is not considered a breach of the obligation to maintain confidentiality if the broker discloses information to individuals with whom they are attempting to connect the client for protection purposes, provided that such disclosure was absolutely necessary for the broker to fulfill their obligations under the Real Estate Brokerage Agreement with the client.

Final Provisions and Dispute Resolution

Relations between the broker and the client arising from the Real Estate Brokerage Agreement that are not governed by these General Terms and Conditions or the Real Estate Brokerage Agreement shall be subject to the provisions of the Real Estate Brokerage Act and the general provisions of the Obligations Act.

These General Terms and Conditions shall come into effect on the date of their adoption and shall remain in effect until new/modified General Terms and Conditions are adopted.

Any disputes between the broker and the client will be attempted to be resolved amicably; if not, the competent court in Rijeka shall have jurisdiction.