GENERAL TERMS AND CONDITIONS
LUCERNA NEKRETNINE, sole proprietorship for real estate brokerage services, Varaždin, Pavlinska 5, OIB (Personal Identification Number): 96023873451, owned by Lucija Novoselec, entered in the Register of Real Estate Brokers maintained by the Croatian Chamber of Economy under Registration No. 14/2010.(hereinafter: Broker ).
GENERAL TERMS AND CONDITIONS OF BUSINESS
in real estate brokerage
These General Terms and Conditions were adopted pursuant to Article 20 of the Real Estate Brokerage Act (Official Gazette, No. 69/2026; hereinafter: the Act) and regulate the business relationship between the Broker and the Principal.in real estate brokerage
These General Terms and Conditions apply from July 7, 2026.
I. GENERAL PROVISIONS
Article 1 - Subject matter and application
(1) These General Terms and Conditions (hereinafter: General Terms and Conditions ) govern the business relationship between the Broker and the Principal in real estate brokerage, the scope of services, brokerage fees and other business terms and conditions.
(2) The price list for brokerage services is an integral part of each brokerage contract. These General Terms and Conditions are published on the Broker's website and available at its headquarters and apply to the Broker's business. By concluding the contract, the Principal confirms that he is familiar with the General Terms and Conditions and the Price List.
(3) Issues that are not regulated by the General Terms and Conditions or the mediation contract shall be resolved in accordance with the Act and regulations on obligations.
Article 2 - Terms
The intermediary LUCERNA NEKRETNINE, sole proprietorship for real estate brokerage services, Varaždin, Pavlinska 5, OIB (Personal Identification Number): 96023873451, owned by Lucija Novoselec, entered in the Register of Real Estate Brokers maintained by the Croatian Chamber of Economy under Registration No. 14/2010.
The Principal is a natural or legal person who enters into a written brokerage contract with the Broker (seller, buyer, lessor, lessee, lessor, lessee and other possible participants).
An interested party (third party) is any person whom the Broker seeks to connect with the Principal, as well as a person related to him within the meaning of Article 18 of these General Terms and Conditions, who has not concluded a brokerage contract with the Broker; he is not the principal and does not acquire the rights of the principal from the brokerage.
An Agent is a natural person who has passed a professional exam, is registered in the Agent Directory, and is employed by the Broker.
A Partner is another real estate broker with whom the Broker has concluded a business cooperation agreement, to which, with the express consent of the Principal, the brokerage agreement has been transferred in accordance with the Law.
The Client is a person who orders a specific service from the Broker outside of brokerage services (e.g. assessment, obtaining an energy certificate, surveying, etc.) without concluding a brokerage contract.
Mediation is the act of connecting a principal with a third party, as well as negotiating and preparing for the conclusion of a legal transaction involving real estate.
Real estate is real estate that is the subject of mediation.
The price list is the valid price list of the Broker.
The brokerage fee is the amount that the Principal is obliged to pay to the Broker for brokerage services.
II. REAL ESTATE OFFER AND ADVERTISING
Article 3 - Real estate offer
(1) The Broker's offer is based on the information received from the Principal. The Broker shall not be liable for any errors in the description or price where such information was provided by the Principal or where the conditions have been changed by the Principal, nor shall the Broker be liable for the possibility that the advertised property has already been sold, rented, or leased, or that the Principal has withdrawn the offer.
(2) The recipient of the offer shall be obliged to keep the offer and all information provided by the Broker confidential and may disclose such information to a third party only with the prior written consent of the Broker.
(3) If the recipient of the offer is already familiar with the real estate offered by the Broker, the recipient shall be obliged to inform the Broker thereof in writing without delay.
Article 4 - Advertising
(1) When advertising, the Intermediary publishes its company and headquarters address.
(2) The broker advertises the property only after concluding a brokerage contract with the owner or an authorized person.
III. OBLIGATIONS OF THE INTERMEDIARY
Article 5 - Obligations of the intermediary
1. To seek to find and introduce a third party to the Principal for the purpose of concluding a legal transaction for which brokerage services are provided.
2. To inform the Principal about the average market price of comparable real estate.
3. To obtain and review documents proving ownership or other real rights in relation to the property in question.
4. To undertake the necessary actions to present and market the property, advertise it in an appropriate manner, and perform all other actions agreed in the brokerage agreement that exceed the usual presentation of the property, for which the Broker shall be entitled to separately agreed costs.
5. To enable or refuse a viewing of the property in accordance with the interests of the Principal and the Broker's professional assessment, acting with the care of a professional broker.
6. To protect the Principal's personal data and, upon the Principal's written request, to keep confidential all information relating to the property, the transaction, or the business for which brokerage services are provided.
7. If the subject of the brokerage services is land, to verify its intended use in accordance with spatial planning regulations.
8. To inform the Principal of all circumstances relevant to the intended transaction that are known to the Broker or that the Broker should reasonably be aware of.
IV. INTERMEDIARY SERVICES
Article 6 - Transactions covered by brokerage fees
(1) condition The brokerage fee necessarily includes connecting the Principal and the third party, checking the of the Property, and preparatory actions for concluding a legal transaction.
(2) The scope of the work depends on whether the Principal is the selling party (Article 7) or the buying party (Article 8). The work and services referred to in Articles 7 and 8 are provided exclusively to Principals.
Article 7 - Services to the seller or lessor or lessor
(1) As part of the brokerage fee, the Intermediary shall provide the principal of the selling party with:
• providing a price recommendation and informing the Principal of the average market price of comparable real estate;
• verifying ownership and examining ownership documents or other documents evidencing rights in rem, while drawing attention to any registered or unregistered encumbrances; in the case of land, verifying its designated use in accordance with applicable regulations;
• preparing promotional materials, photographing the property, advertising the property, and entering it into the Broker's database;
• screening interested parties, organizing and conducting property viewings, and keeping records of such viewings;
• conducting negotiations in the Principal's interest and coordinating the documentation required for the conclusion of the transaction;
• organizing the handover of the property
• coordinating the entire sale transaction, with the involvement of authorized professionals where required by the specific circumstances of the transaction; and
• maintaining the confidentiality of the Principal's data and all information relating to the property and the transaction, in accordance with the Act and these General Terms and Conditions.
Article 8 - Services to the buyer or lessee or lessee who is the Principal
(1) As part of the intermediary fee, the Intermediary provides the client of the purchasing party with:
• matching and screening of properties according to the Client's criteria and budget, and priority in new offers
• organized tours of selected properties
• checking the legal status of the target property in the interest of the Principal
• conducting negotiations on price and conditions on the Client's side
• the organization of the handover
• coordination of registration of ownership rights in land registers
- coordination of the entire buying and selling procedure, with the involvement of authorized persons expert persons in accordance with the specifics of each procedure
(2) When renting or leasing, items related to sales and registration are replaced by appropriate actions.
Article 9 - Interested persons who are not principals
(1) The Broker is under no obligation to provide brokerage services to an interested party who has not concluded a brokerage agreement with the Broker. The services referred to in Articles 7 and 8 are provided exclusively to Principals.
(2) The Broker shall provide the interested party with information about the advertised real estate based on the documentation and information received from the Principal, exercising the care of a prudent professional. Such information includes, in particular, the description, location, area, essential characteristics and energy performance class of the property. The Broker shall enable the interested party to view the property without requiring the prior conclusion of a brokerage agreement and shall protect the interested party's personal data. The Broker may refuse to arrange a viewing where this is justified by the Principal's interests or the Broker's professional judgment.
Article 10 - Additional services, actual costs and services to the client
(1) In addition to regular brokerage services, the Broker may, at the request or with the consent of the Principal/Client, provide additional related services and perform additional actions, which shall be agreed upon and charged separately from the brokerage fee, subject to a prior written agreement specifying the type and amount of such services or costs and the person liable for payment (Article 29, paragraph 3 of the Act).
(2) The Broker may also provide the Principal with a specific service outside the scope of brokerage services (e.g. arranging the preparation of a contract, preliminary contract or land registry consent statement through an authorized person, such as a lawyer or notary public; property valuation; obtaining an energy performance certificate; surveying; obtaining documents; and other related services) without concluding a brokerage agreement, based on a separate written order or agreement specifying the type of service, the amount of compensation and the deadline for completion.
(3) The Broker shall be entitled to reimbursement of actual costs that are not included in the regular brokerage services only if such costs have been previously separately agreed with the Principal in writing, specifying the type of cost, the amount or method of calculation, and the person liable for payment.
Actual costs may include, in particular: travel expenses, costs of advertising the property that exceed the usual advertising included in the brokerage fee, daily allowances, hotel accommodation expenses, costs of obtaining documentation, telephone expenses, and other costs actually incurred.
The Broker shall provide the Principal with appropriate supporting documentation demonstrating the occurrence and amount of the respective costs.
(4) The Broker shall be entitled to claim reimbursement of the costs referred to in the preceding paragraph of this Article from the Principal immediately upon their occurrence, and the amount of such costs shall be determined based on the costs actually incurred.
(5) If the Principal cancels the order, refuses to enter into negotiations for the conclusion of a transaction with a third party identified by the Broker, refuses to conclude a legal transaction with such third party, or, after issuing the order, withdraws from the sale of the real estate in question at the time of purchase or immediately prior to purchase, the Principal shall be obliged to reimburse the Broker for the actual costs incurred.
V. MEDIATION AGREEMENT
Article 11 – Brokerage Agreement
(1) By entering into a brokerage agreement, the Broker undertakes to seek and introduce to the Principal a third party for the purpose of negotiating and concluding a legal transaction involving the transfer or establishment of rights in relation to real estate (purchase, sale, exchange, rent or lease), and the Principal undertakes to pay the brokerage fee if such transaction is concluded. The conclusion of a preliminary contract by which the parties undertake to conclude the main contract shall also be deemed a concluded legal transaction.
(2) A brokerage agreement shall be concluded in writing and for a definite period of time. If no duration is specified, the agreement shall be deemed concluded for a period of 12 months from the date of its conclusion.
(3) The Broker may transfer the brokerage agreement to a Partner for the purpose of performing contractual obligations in the name and on behalf of the Broker, provided that such transfer has been expressly agreed with the Principal. In such case, the Broker shall remain solely liable to the Principal for the performance of obligations under the agreement, and the Principal shall pay the brokerage fee exclusively to the Broker.
Article 12 - Open mediation
(1) In the case of open brokerage, the Principal reserves the right to simultaneously engage other brokers, independently seek opportunities, and conclude a legal transaction.
(2) An open brokerage agreement shall be concluded for a definite period of time, as specified in the agreement itself, and shall be automatically extended for the same period unless either party terminates it by written notice no later than 30 days before the expiry of the agreed term. Either party may terminate the agreement by giving written notice with a notice period of 30 days.
Article 13 - Exclusive mediation
(1) In the case of exclusive brokerage, the Principal expressly undertakes not to engage another broker for the same transaction, nor to sell, rent or lease the property independently or through third parties without the involvement of the Broker. The Broker shall specifically warn the Principal of the meaning and legal consequences of this provision.
(2) If, during the period of exclusive brokerage, the Principal concludes a transaction without the involvement of the Broker, either independently or through another broker, for which the exclusive brokerage agreement was concluded, the Principal shall be obliged to pay the exclusive Broker the agreed brokerage fee and reimburse any additional actual costs incurred during the brokerage process, regardless of whether the transaction was concluded directly or through persons related to the Principal (Article 18, paragraph 2 of the Act).
(3) The exclusive brokerage agreement shall be concluded for a period of one year, during which period the Principal may not unilaterally terminate the agreement. The Broker and the Principal may agree on a different duration of the exclusive brokerage agreement, as specified in the agreement, during which period the Principal may not unilaterally terminate the agreement.
(4) If the Principal nevertheless terminates the exclusive brokerage agreement before the expiry of the agreed period or acts contrary to paragraph 1 of this Article, the Principal shall be obliged to compensate the Broker for damages in the amount of 3% of the asking price of the real estate specified in the exclusive brokerage agreement, increased by VAT. The obligation to compensate for damages shall become due on the date of termination.
Article 14 - Termination of the contract and compensation after termination
(1) A brokerage agreement concluded for a definite period of time shall terminate upon expiry of the agreed period if the transaction for which brokerage services were provided has not been concluded during that period, or upon termination by either party in accordance with these General Terms and Conditions and the brokerage agreement.
(2) If the termination of the brokerage agreement is contrary to the principles of good faith and fair dealing, or if it was carried out with the intention of depriving the Broker of the right to compensation, the Broker shall be entitled to compensation in the amount of the agreed brokerage fee.
(3) The Principal shall reimburse the Broker for costs that have been expressly agreed to be paid separately by the Principal.
(4) If, after termination of the brokerage agreement, the Principal concludes a legal transaction with a third party whom the Broker introduced to the Principal during the term of the agreement, the Principal shall be obliged to pay the full brokerage fee, regardless of whether the transaction was concluded directly with such third party or through persons related to that third party (Article 29, paragraph 4 of the Act).
VI. REAL ESTATE VIEWING
Article 15 - Sightseeing and contact
(1) The Broker shall not make the viewing of the property by a third party conditional upon the prior conclusion of a brokerage agreement. When a viewing is arranged through the Broker, a viewing confirmation shall be signed, by which the Broker, among other things, evidences to the Principal that the property has been presented to the third party. Such confirmation shall not be deemed a brokerage agreement and shall not contain any provisions regarding payment obligations.
(2) The Broker shall be deemed to have introduced the Principal to a third party if the Broker enabled the establishment of contact, arranged a viewing of the property, exchanged information, or performed other actions that resulted in negotiations for the conclusion of a legal transaction. The Broker shall also be deemed to have introduced the parties if the Broker provided the Principal or a third party with the name and contact details of the other party or informed them of the exact location of the requested property.
(3) The introduction does not necessarily require a physical viewing of the property, and general advertising alone, without a specific connection between the Principal and a third party, shall not in itself be considered sufficient to establish the Broker's right to compensation. The introduction and communication between the parties may be evidenced by the Broker's business records, CRM records, telephone calls, SMS messages, communications via social networks and applications such as WhatsApp and Viber, emails, faxes, regular mail, sent offers, and other business records.
(4) All communication between the Broker and the Principal sent in the manner specified in the preceding paragraph shall be deemed valid.
(5) Likewise, all correspondence exchanged between the Broker, a third party and the Principal in any manner specified in paragraph 3 of this Article shall be deemed valid and reliable evidence for the purpose of proving the performance of the service of introducing a third party to the Principal.
(6) In performing the brokerage services, the Broker may communicate directly with third parties as well as with representatives of third parties (e.g. relatives, friends, employees of third parties, etc.). Such contacts shall also be deemed valid for the purpose of proving the performance of the brokerage service, i.e. the introduction of the Principal to the third party.
VII. INTERMEDIARY FEE
Article 16 - Amount and maturity of compensation
(1) The amount of the brokerage fee shall be determined by the brokerage agreement based on the Price List applicable at the time of conclusion of the agreement. Value added tax shall be calculated on all amounts of compensation.
(2) The Broker shall acquire the right to the brokerage fee upon conclusion of the transaction for which brokerage services were provided or, if agreed, upon conclusion of a preliminary contract. The Broker may not demand payment of the brokerage fee before the conclusion of the brokerage agreement or before the conclusion of the transaction or preliminary contract for which brokerage services were provided (Article 29, paragraph 2 of the Act).
(3) The Broker shall not be entitled to a brokerage fee if the Broker personally concludes a contract with the Principal that was the subject of the brokerage services.
(4) The withdrawal of the Principal or a third party from performance of the concluded contract or preliminary contract shall not affect the obligation to pay the brokerage fee established by this Article and the brokerage agreement.
Article 17 - Mediation for both parties
(1) The Broker may act as a broker for both parties in relation to the same real estate and collect a brokerage fee separately from each party, provided that a separate brokerage agreement has been concluded with each party. The seller's fee and the buyer's fee shall be charged separately and cumulatively; each party shall be liable for payment regardless of whether the other party also pays the brokerage fee. The Broker may not collect a brokerage fee from a third party who acquires the status of buyer, lessee or lessor in a legal transaction and who has not concluded a brokerage agreement with the Broker.
(2) When both parties pay a brokerage fee for the same real estate, the total amount collected from both parties shall not exceed the maximum total amount specified in the Price List (the sum of the fees payable by the seller and the buyer).
If the Broker has concluded a brokerage agreement with two Principals for the same real estate, and those agreements provide that the brokerage fee shall be paid by only one contracting party, the Broker may charge the brokerage fee to that contracting party only up to a maximum of half of the brokerage fee specified in the applicable Price List in force at the time of conclusion of the brokerage agreement (Article 30 of the Act).
Article 18 - Compensation in special cases
(1) The Principal shall be obliged to pay the brokerage fee even if the Principal concludes a legal transaction different from the one for which brokerage services were provided, with a third party introduced by the Broker and with whom the Broker established contact, provided that such transaction achieves the same purpose or relates to the same real estate.
(2) The Broker shall also be entitled to the brokerage fee if the transaction for which brokerage services were provided is concluded by a person related to a third party whom the Broker introduced to the Principal, including a spouse or common-law partner, descendant, parent, ancestor up to the fourth degree of direct or collateral lineage (by blood or marriage), or another person who is legally or factually connected with such third party.
The Broker shall also be entitled to the brokerage fee if the transaction is concluded by a legal entity in which such third party or a related person holds 10% or more of shares or ownership interests, or by a legal entity of which such third party or a related person is a founder or legal representative. If, considering all circumstances, it is evident that the transaction resulted from the contact established by the Broker or was concluded for the purpose of avoiding payment of the brokerage fee, the Principal shall be obliged to pay the agreed brokerage fee to the Broker in full.
(3) The Agent is also entitled to compensation if the mediated legal transaction with a third party is concluded by the spouse or common-law partner, descendant or parent of the Principal or the ancestor of the Principal up to the 4th degree of direct and collateral lineage (blood or in-law relationship) or a person who is legally or factually related to the Principal or a legal entity in which the Principal or the aforementioned persons related to the Principal hold 10% or more of the shares or business interests in that legal entity, or a legal entity of which the Principal or a person related to him is the founder or legal representative, and with which the Agent has brought him into contact.
If it follows from all the circumstances that the Principal, with the aim of avoiding the payment of the intermediary fee, let the legal transaction be concluded between the persons related to him and the third person with whom the Intermediary brought the Principal into contact, in that case the Principal will be obliged to pay the intermediary the agreed intermediary fee in full.
(4) The intermediary is also entitled to compensation if the Principal disposes of the real estate for the benefit of the person referred to in paragraph 3 of this Article, and that person then concludes an mediated transaction or a transaction achieving the same purpose with a third party.
Article 19. Price list of intermediary services
(1) The applicable Price List of the Broker's brokerage fees forms an integral part of these General Terms and Conditions and every brokerage agreement. It shall apply in the version valid at the time of conclusion of the brokerage agreement, with the date of commencement of application specified therein.
(2) The amount of the brokerage fee, the minimum amount of the brokerage fee, the person liable for payment of the brokerage fee, the services included in the brokerage fee, the maximum total amount of the brokerage fee when the Broker provides brokerage services to both parties, and the rules regarding additional services and special costs shall be determined by the applicable Broker's Price List.
(3) The Price List shall be presented to the Principal prior to the conclusion of the brokerage agreement and shall be signed by the Broker and the Principal, or by the third party if such third party concludes a separate brokerage agreement with the Broker.
(4) The Broker may not collect a brokerage fee from a third party who acquires the status of buyer, lessee, tenant, or another acquirer of rights in a legal transaction, unless such third party has concluded a separate brokerage agreement with the Broker.
(5) All fees specified in this Price List are stated exclusive of value added tax (VAT) and shall be increased by VAT in accordance with applicable regulations.
(6) The amount of the brokerage fee shall be determined by the brokerage agreement in accordance with this Price List, these General Terms and Conditions, and the Real Estate Brokerage Act. The percentages and amounts stated herein represent maximum amounts.
The price list applies from July 7, 2026.
I. Brokerage fees
Mediation in the sale of real estateIf the seller is the Principal of the Broker:
• intermediary fee: up to 3% of the agreed purchase price, which amount cannot be less than EUR 1,000.00
Real estate purchase mediation
If the buyer is the Principal of the Broker:
• intermediary fee: up to 3% of the agreed purchase price, which amount cannot be less than EUR 1,000.00
Mediation in the exchange of real estate
If the party to the exchange is the Principal of the Broker:
• Brokerage fee: up to 3% of the value of the legal transaction, which amount cannot be less than EUR 1,000.00
Minimum fee
When mediating in the sale, purchase and exchange of real estate, the minimum brokerage fee is EUR 1,000.00 per individual brokerage contract, plus VAT. If the Broker mediates for both contracting parties for the same real estate and has a separate brokerage contract concluded with both parties, the total minimum brokerage fee is EUR 2,000.00, or at least EUR 1,000.00 per each contracting party, plus VAT. If two brokerage contracts are concluded for the same legal transaction, and the fee is paid by only one contracting party, that party may be charged a maximum of half of the total maximum amount of the brokerage fee set out in this Price List.
Mediation in the rental or lease of real estate
If the lessor or lessor is the Principal of the Broker:
• for contracts up to 24 months: 1 month's rent or lease;
• for contracts longer than 24 months: 2 months' rent or lease payment
Mediation in renting or leasing real estate
If the lessee or lessee is the Principal of the Broker:
• for contracts up to 24 months: 1 month's rent or lease;
- for contracts longer than 24 months: 2 months' rent or lease payment
II. Brokerage for Both Parties
The Broker may provide brokerage services for the same real estate to both contracting parties only if a separate brokerage agreement has been concluded with each party. The brokerage fee may be charged exclusively to the person with whom the brokerage agreement has been concluded.Sale and Exchange
The maximum total amount of brokerage fees that the Broker may collect from all Principals for the same real estate shall be 6% of the agreed purchase price or the value of the legal transaction, increased by VAT. If it is agreed that the brokerage fee is paid by both contracting parties, the total amount paid by both parties shall not exceed the specified limit. The total minimum brokerage fee shall be EUR 2,000.00 plus VAT, or at least EUR 1,000.00 per contracting party.
If the Broker has concluded two brokerage agreements for the same real estate, but it has been agreed that the brokerage fee shall be paid by only one contracting party, that party may be charged a brokerage fee of up to half of the maximum total brokerage fee specified in the applicable Price List, or up to 3% of the agreed purchase price or the value of the legal transaction, increased by VAT, but not less than EUR 1,000.00 plus VAT.
Rent and lease
The maximum total amount of brokerage fees that the Broker may collect from all Principals for the same property shall be 2 monthly rent or lease payments for rental or lease agreements with a duration of up to 24 months, and 4 monthly rent or lease payments for rental or lease agreements with a duration longer than 24 months, increased by VAT. If it is agreed that the brokerage fee is paid by both contracting parties, the total amount paid by both parties shall not exceed the specified limit.
If the Broker has concluded two brokerage agreements for the same property, but it has been agreed that the brokerage fee shall be paid by only one contracting party, that party may be charged a brokerage fee of up to half of the maximum total brokerage fee specified in the Price List, or a maximum of 1 monthly rent or lease payment in the case of rental or lease agreements with a duration of up to 24 months, or a maximum of 2 monthly rent or lease payments for rental or lease agreements with a duration longer than 24 months, increased by VAT.
III. Services covered by the brokerage fee
The brokerage fee necessarily includes introducing the Principal and the third party, checking the condition of the property, and preparatory actions for concluding a legal transaction. The scope of services depends on whether the Principal is the selling party or the buying party, and the services referred to in this Chapter are provided exclusively to Principals.Selling Party (Seller or Lessor)
(1) As part of the brokerage fee, the Broker shall provide the Principal acting as the selling party with:
- recommending a price and providing information on the average market price of comparable properties;
- verifying ownership and reviewing documents proving ownership or other real rights, with a warning regarding registered and unregistered encumbrances; in the case of land, verifying its intended use;
- preparing an advertising presentation, photographing and advertising the property, and entering it into the Broker's database;
- screening interested parties, organizing and conducting viewings, and maintaining viewing records;
- conducting negotiations in the interest of the Principal and coordinating documentation required for conclusion of the transaction;
- organizing the handover
- coordinating the entire purchase and sale procedure, with the involvement of authorized experts in accordance with the specifics of each individual procedure;
- maintaining confidentiality of data.
Purchaser (buyer or lessee or lessee)
(2) As part of the brokerage fee, the Broker shall provide the Principal acting as the buying party with:
- identifying and screening properties according to the Principal's criteria and budget, and providing priority access to new offers;
- organizing viewings of selected properties;
- checking the legal status of the target property in the interest of the Principal;
- conducting negotiations regarding the price and terms on behalf of the Principal;
- organizing the handover
- coordinating the registration of ownership rights in the land register;
- coordinating the entire purchase and sale procedure, with the involvement of authorized experts in accordance with the specifics of each individual procedure.
(3) When renting or leasing, items related to sales and registration are replaced by appropriate actions.
IV. Additional services
The brokerage fee refers to regular brokerage services. All additional services that are not included in the Broker's regular activities are contracted separately. At the request of the Principal, the Broker may organize or coordinate: real estate valuations, architectural and design services, surveying services, preparation of energy certificates, other professional services according to the Principal's needs, the costs of lawyers, notaries, court fees, taxes, surveying services, architects, appraisers, banks, translators and other professionals are not included in the brokerage fee, unless otherwise agreed. V. Actual costs
The Broker shall be entitled to reimbursement of actual costs not included in the brokerage fee only if such costs have been previously specifically agreed with the Principal in writing, specifying the type of cost, the amount or method of calculation, and the person liable for payment.Actual costs may include, in particular, travel expenses, costs of advertising the property exceeding the usual advertising included in the brokerage fee, daily allowances, hotel accommodation costs, costs of obtaining documentation, telephone costs, and other costs actually incurred.
At the request of the Principal, the Broker shall provide documentation evidencing the occurrence and amount of such costs.
In Varaždin, July 7, 2026.
NOTE: The Broker shall calculate value added tax (VAT) at the rate of 25% on the amounts of brokerage fees and services.
Article 20 – Amount of Brokerage Fees in Special Cases
(1) If the Broker is denied the right to the brokerage fee because the Principal has failed to provide information regarding the achieved purchase price, the Broker shall be entitled to calculate the brokerage fee based on the purchase price agreed between the Principal and the third party in the real estate transaction.
(2) If the brokerage agreement stipulates that the Broker is entitled to charge the brokerage fee upon conclusion of a preliminary contract, the brokerage fee shall be calculated based on the price agreed in the preliminary contract or the value of the legal transaction specified therein, applying the agreed fee determined by the applicable Price List.
Article 21 – Withdrawal and Compensation for Damages
(1) The Principal shall not be obliged to enter into negotiations for the conclusion of a transaction with a third party introduced by the Broker, nor to conclude a legal transaction. The mere withdrawal of the Principal shall not create an obligation to pay the full amount of the brokerage fee, unless the right to the brokerage fee has arisen in accordance with the brokerage agreement, these General Terms and Conditions, and the Act.
(2) If the Principal has not acted in good faith, the Principal shall be liable to the Broker for damages and shall reimburse the costs incurred during the brokerage process, which shall not be less than one third and shall not exceed the agreed brokerage fee for the transaction.
(3) If the Principal acts with the intention of circumventing the Broker, in particular if the transaction is concluded by a person related to a third party whom the Broker introduced to the Principal, or if the Principal acts fraudulently or withholds or provides incorrect information essential for the brokerage process, the Principal shall be liable to the Broker for damages and costs in the amount of the agreed brokerage fee for the transaction (Article 25, paragraph 3 of the Act).
(4) If the Principal acts with the intention of circumventing the Broker, in particular if the transaction is concluded by a person related to the Principal, or if the Principal acts fraudulently or withholds or provides incorrect information essential for the brokerage process, the Principal shall be liable to the Broker for damages and costs in the amount of the agreed brokerage fee for the transaction.
VIII. OBLIGATIONS OF THE CLIENT
Article 22 – Obligations of the Principal
(1) By entering into a brokerage agreement for real estate transactions, the Principal undertakes to:
1. inform the Broker of all circumstances relevant to the brokerage services and provide accurate information regarding the property, and, if available, provide for inspection the location permit, building permit, use permit, or location information relating to the property that is the subject of the brokerage services, as well as evidence of fulfillment of obligations towards third parties;
2. provide the Broker with documents proving ownership or other real rights in relation to the property and inform the Broker of all registered and unregistered encumbrances;
3. allow the Broker and third parties to view the property;
4. inform the Broker of all relevant information regarding the property, including its description and asking price;
5. pay the brokerage fee to the Broker;
6. if expressly agreed, reimburse the Broker for costs exceeding the usual costs of brokerage services;
7. notify the Broker in writing of all changes relating to the services for which the Broker is authorized, especially changes relating to ownership of the property;
8. if the Principal wishes to remain anonymous, the Principal shall not be obliged to disclose his identity to a third party until the conclusion of a legal transaction;
9. provide an energy certificate for inspection;
10. inform the Broker whether the property constitutes marital property.
(2) If the Principal does not act in good faith or withholds or provides incorrect information essential for the brokerage services, the Principal shall be liable to the Broker for damages and shall reimburse all costs incurred, which shall not be less than one third and shall not exceed the agreed brokerage fee for the transaction.
IX . LIABILITY OF THE INTERMEDIARY
Article 23 - Documentation and responsibility for data
(1) The Principal (i.e. the third party) shall be obliged to obtain and provide the Broker and the other contracting party (i.e. the Principal) with all necessary documentation required for the conclusion of the intended legal transaction.
(2) The Broker shall not be responsible for the accuracy or authenticity of the documentation obtained from the Principal and/or the third party.
(3) The Broker shall, to the best of his professional knowledge, warn the parties of any obvious inconsistencies or deficiencies relating to the real estate that may be identified with the care of a professional broker. However, the Broker shall not be liable for any incorrect, inaccurate, or incomplete information provided to the Broker by the Principal and/or a third party, nor for any legal or factual deficiencies relating to the real estate that is the subject of the legal transaction, including, but not limited to, unresolved land registry status, discrepancies between the land registry and cadastral records (such as differences in the actual area, etc.), illegality of the building, and similar issues.
(4) The Broker shall not be liable for any legal invalidity of the contract or the existence of disputed legal relationships, unless the Broker was aware of such circumstances and failed to inform the Principal accordingly. The possible invalidity of the (preliminary) contract concluded between the Principal and a third party shall not affect the Broker's right to receive the brokerage fee.
Likewise, if, after conclusion of the (preliminary) contract, a dispute arises between the Principal and a third party, or if the contract is annulled, declared null and void, challenged, or otherwise becomes invalid, such circumstances shall not affect the Broker or the Broker's right to receive the brokerage fee.
X. CONFIDENTIALITY, DATA PROTECTION, ETHICS AND OVERSIGHT
Article 24 - Confidentiality and prevention of money laundering
(1) The Broker shall keep the personal data of the Principal confidential and, upon written request, shall keep confidential any data relating to the real estate and the transaction. The Broker shall carry out customer due diligence measures in accordance with regulations on the prevention of money laundering and terrorist financing, and the Principal shall be obliged to provide the requested data and documentation. If the Principal wishes to remain anonymous, the Principal shall not be obliged to disclose his identity to a third party until the conclusion of the legal transaction.
Article 25 - Protection of personal dana
(1) The Broker, as the controller of personal data, collects, processes, and stores personal data of the Principal, interested parties, and other persons whose data is required for the performance of real estate brokerage activities, in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), the Act on the Implementation of the General Data Protection Regulation, and other applicable regulations.
(2) Personal data shall be processed for the purpose of concluding and performing brokerage agreements, communicating with the Principal and interested parties, fulfilling the Broker's legal obligations, protecting the Broker's legitimate interests, and exercising rights and obligations arising from the business relationship.
(3) The Broker may also use personal data for the purpose of informing persons about its services, real estate offers, news, special offers, and marketing activities, including sending newsletters and other forms of business communication, where there is an appropriate legal basis for such processing in accordance with applicable regulations.
(4) The Broker may provide personal data to third parties where necessary for the performance of the agreement, fulfillment of legal obligations, or realization of a legal transaction, in particular to associates, lawyers, notaries, appraisers, surveyors, translators, and other professionals involved in the procedure.
(5) The data subject shall have the right to access his or her personal data, the right to rectification, erasure, restriction of processing, the right to object, and other rights provided for under the GDPR. Where processing is based on consent, the data subject shall have the right to withdraw consent at any time.
(6) Detailed information on the processing of personal data, legal bases for processing, data retention periods, and the rights of data subjects is available in the Broker's Privacy Policy published on the Broker's website and available at the Broker's headquarters.
Article 26 - Ethical business practices
(1) The Broker and the Agent shall comply with the general act on the ethical conduct of real estate brokers.
XI. FINAL PROVISIONS
Article 27 - Price list and publication
(1) The Price List forms an integral part of the General Terms and Conditions and each brokerage agreement and shall apply in the version valid at the time of conclusion of the agreement, with the date of commencement of application specified therein. The Price List shall be presented to the Principal prior to the conclusion of the brokerage agreement and shall be signed by the Broker and the Principal, or by a third party if such third party concludes a separate brokerage agreement with the Broker.
(2) The General Terms and Conditions and the Price List shall be displayed in a visible and accessible place at the Broker's head office and branches and shall be published on the Broker's website.
Article 28 - Applicable law, amendments and application
(1) For matters not regulated by these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act, and other applicable regulations shall apply.
(2) The Broker reserves the right to amend these General Terms and Conditions and the Price List. The General Terms and Conditions and the Price List in force at the time of conclusion of the brokerage agreement shall apply to brokerage agreements already concluded.
(3) These General Terms and Conditions shall enter into force and apply as of July 7, 2026, and shall fully replace all previous General Terms and Conditions of the Broker and any amendments thereto.
In Varaždin, July 7, 2026.
LUCERNA NEKRETNINE,
a business for real estate brokerage services
owned by Lucija Novoselec
a business for real estate brokerage services
owned by Lucija Novoselec
