I. The real estate brokerage agency "For Five" j.d.o.o. OIB 36867422138, MB 4671899, Sjeničarska 23, 10040 Zagreb, Croatia - is a registered member of HGK and is obliged to mediate in real estate transactions in the interest of the Principal, with whom it signs a Brokerage Agreement.
II. OFFER The Broker's offer is based on data received in written and/or oral form from property owners offering their properties for sale, lease, or rent, as well as on data contained in written and/or oral orders from the Principal.
III. REAL ESTATE BROKERAGE AGREEMENT By signing the real estate brokerage agreement (hereinafter: the Agreement), the Broker undertakes to find and connect a Third Party with the Principal for the purpose of negotiating and concluding a specific legal transaction regarding the transfer or establishment of a certain right on the property and/or in connection with the property, while the Principal agrees to pay a specific brokerage fee (hereinafter: the Fee) if such a legal transaction is concluded. A concluded legal transaction also includes the signing of a preliminary agreement by which the contracting parties commit to signing the main agreement on the transfer or establishment of a certain right on the property and/or in connection with the property. The Agreement is concluded in written form for the period agreed upon in the contract.
IV. TERMINATION OF THE BROKERAGE AGREEMENT The brokerage agreement is concluded for an indefinite period and terminates on the day of concluding the contract for which mediation was conducted or by termination by either of the contracting parties. The Principal is obliged to reimburse the Broker for the costs explicitly agreed upon as additional expenses payable by the Principal. If, within 24 months after the termination of the concluded Agreement, the Principal enters into a legal transaction as a result of the Broker's actions before the termination of the Brokerage Agreement, they are obliged to pay the full Fee to the Broker.
V. EXCLUSIVE BROKERAGE By signing an exclusive brokerage agreement, the Principal undertakes not to engage any other broker for the mediated transaction. If, during the term of the exclusive brokerage agreement, the Principal concludes a legal transaction through another broker, despite having given the exclusive Broker a mediation order, they are obliged to pay the agreed Fee to the exclusive Broker, along with any additional actual costs incurred during mediation for the specified transaction. Upon concluding the exclusive brokerage agreement, the Broker is obliged to specifically inform the Principal about the significance and legal consequences of the contractual clause mentioned in the previous paragraph. The exclusive brokerage agreement, concluded for a fixed term, expires upon the expiration of the agreed period if no contract for which mediation was conducted is concluded, or by termination by the Principal with a contractual penalty. In the case of termination of the exclusive brokerage agreement as specified in the previous paragraph, the Principal is obliged to reimburse the Broker for the expenses explicitly agreed upon as additional payable expenses. If, within 24 months after the termination of the exclusive brokerage agreement, the Principal enters into a legal transaction as a result of the Broker's actions before the termination, they are obliged to pay the full Fee to the Broker.
VI. OBLIGATIONS OF THE BROKER The Broker is obliged to perform the following tasks when mediating the conclusion of a purchase, lease, or rental agreement for real estate: 1. Strive to find and connect a Third Party with the Principal to conclude the mediated transaction; 2. Inform the Principal of the average market price of similar real estate; 3. Review documents proving ownership or other real rights to the property in question and inform the Principal of any obvious deficiencies and possible risks related to unsettled land registry conditions, registered real rights, or other third-party rights on the property; 4. Conduct necessary actions for presenting the property on the market, advertise the property appropriately, and carry out any other actions agreed upon in the brokerage agreement that go beyond the usual presentation, for which they are entitled to special, pre-disclosed costs; 5. Facilitate property viewings; 6. Mediate in negotiations and strive to conclude the contract; 7. Keep the Principal's personal data confidential and, upon written request from the Principal, treat as a business secret any information about the property being mediated or related to the mediated transaction; 8. If the transaction involves land, verify the intended use of the land in accordance with applicable spatial planning regulations; 9. Inform the Principal of all circumstances relevant to the intended transaction that are known or should be known to them; 10. Inform the Principal of the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act (NN 87/08). 11. The Broker may cooperate with other authorized real estate brokers in the following ways: 1) They may advertise properties in their offer that another broker has received a mediation order for; 2) Another broker may advertise properties in their offer that the Broker has received a mediation order for.
VII. OBLIGATIONS OF THE PRINCIPAL By signing the Brokerage Agreement with the Broker, the Principal assumes the following obligations: ...
VIII. BROKERAGE FEE The amount of the brokerage fee is determined by the brokerage agreement. The agreed brokerage fee includes the execution of all Broker's activities listed in section VI of the General Terms and Conditions. In the case of performing actions not covered by section VI of the General Terms and Conditions at the Principal's request, the hourly brokerage rate is 350.00 HRK...
IX. PERSONAL DATA PROTECTION The Principal confirms that they have voluntarily provided the Broker with their personal data, including OIB, for the purpose of participating in the property sale process and establishing clear identification. The Principal gives explicit consent for the Broker to use their personal data in accordance with data protection regulations.
X. PRICE LIST Real estate brokerage agencies are required to charge a commission for mediation services. SALE The commission is charged as a percentage of the total achieved sale price.
The minimum total commission is 5%.
SALE Brokerage commission for real estate sales (charged to the seller) At least 2%, but not less than 7,500.00 HRK
PURCHASE Brokerage commission for real estate purchases (charged to the buyer) At least 2%, but not less than 7,500.00 HRK The commission is charged to the buyer if agreed upon or if the Broker has received a written or verbal request from the buyer for property search.
EXCHANGE In case of a property exchange, the commission is charged to each party involved in the exchange, and the percentage is calculated based on the value of the property acquired through the exchange 2 - 6%.
LEASE AND RENTAL RENTING AND LEASING – commission from the landlord and lessor Percentage of the monthly rent 75% - for a lease or rental period of 6 months 100% - for a lease or rental period of 24 months 150% - for a lease or rental period of 24 to 60 months (2 to 5 years) 200% - for a lease or rental period of 60 months (5 years) or more
RENTING AND LEASING – commission from the tenant and lessee Percentage of the monthly rent 75% - For a lease or rental period of 6 months 100% - For a lease or rental period of 24 months 150% - For a lease or rental period of 24 to 60 months (2 to 5 years) 200% - For a lease or rental period of 60 months (5 years) or more XI.
CONTRACTUAL PENALTY The contracting parties establish the right of the Broker to a contractual penalty of 5% (five percent) of the agreed purchase price that the Principal, as the seller or buyer, agrees upon with the buyer or seller whom they contacted through the Broker's actions. If the Principal independently, excluding and/or bypassing the Broker, concludes a purchase agreement and does not pay the agreed Fee to the Broker, the penalty applies.
XII. FINAL PROVISIONS For all matters not explicitly determined by these General Terms and Conditions, the Real Estate Brokerage Act, the Obligations Act, and other relevant legal regulations shall apply. The General Terms and Conditions have been in effect since June 21, 2017.