Terms

1 General Provisions

1.1
The General Terms and Conditions for Brokerage Services (hereinafter: General Terms and Conditions or General Terms) regulate the business relationship between the company Futura Premium Estate d.o.o., with its registered office in Zagreb, Gornji Bukovac 107, OIB: 77664021775, registered for performing real estate brokerage activities (hereinafter: the Broker) and the principal, whether a natural or legal person (hereinafter: the Principal), with whom the Broker concludes a Brokerage Agreement.

1.2
By concluding the Brokerage Agreement, the Principal declares and confirms that prior to its conclusion they were acquainted with the content of these General Terms and Conditions, that they have fully understood them and expressly accept them, whereby they become an integral part of the Brokerage Agreement.

1.3
All relationships between the Broker and the Principal not expressly regulated by the Brokerage Agreement or these General Terms and Conditions shall be governed by the provisions of the Real Estate Brokerage Act (“Narodne novine” No. 107/2007, 144/2012, 14/2014, 32/2019; hereinafter: the Real Estate Brokerage Act) and the Civil Obligations Act (“Narodne novine” No. 35/2005, 41/2008, 125/2011, 78/2015, 29/2018, 126/2021, 114/2022, 156/2022, 145/2023, 155/2023; hereinafter: the Civil Obligations Act), as applicable regulations of the Republic of Croatia.

2 Meaning of Certain Terms

2.1
“Real Estate Broker” means Futura Premium Estate društvo s ograničenom odgovornošću za posredovanje u prometu nekretnina.

2.2
“Real Estate Agent” is a natural person entered in the register of real estate brokerage agents.

2.3
“Real Estate Brokerage” means activities of the broker relating to connecting the Principal and a third party, as well as negotiations and preparation for concluding legal transactions concerning a specific real estate, especially in purchase, sale, exchange, lease, rent, etc.

2.4
“Real Estate” means land plots together with everything permanently connected to the land on or beneath its surface in accordance with ownership and other real rights regulations.

2.5
“Real Estate Brokerage Agreement” (hereinafter: the Agreement) is an agreement whereby the Broker undertakes to endeavour to find and bring into contact with the Principal a person for negotiating and concluding a specific legal transaction concerning the transfer or establishment of rights over real estate, and the Principal undertakes to pay a brokerage fee if such transaction is concluded.

2.6
“Principal” is a natural or legal person who concludes a written brokerage agreement with the broker (seller, buyer, lessee, lessor, landlord, tenant, and other possible participants in real estate transactions).

2.7
“Third Party” is a person whom the broker seeks to connect with the Principal for the purpose of negotiating a legal transaction concerning specific real estate.

2.8
“Exclusive Brokerage Agreement” is an agreement whereby the Principal undertakes not to engage any other broker for the mediated transaction, which obligation must be expressly agreed.

3 Real Estate Offer

3.1
The Broker’s offer is based on data received in written and/or oral form from property owners offering real estate for sale, lease or rent, as well as on data contained in written and/or oral instructions of the Principal. The Broker is not responsible for the accuracy, completeness or timeliness of such data, except in cases of intent or gross negligence.

3.2
The Broker reserves the right to errors in the description, size, equipment, legal status or price of real estate, as well as the possibility that the advertised property has in the meantime been sold, rented, leased or withdrawn from the market, or that the owner has withdrawn from sale, lease or rent without prior notice. These circumstances cannot serve as a basis for any claims against the Broker.

3.3
If the Principal is already familiar with the real estate offered by the Broker, they are obliged to inform the Broker thereof without delay.

4 Real Estate Brokerage Agreement

4.1
The Agreement shall be concluded in written form and for a fixed period.

5 Obligations of the Broker

5.1
Under the Brokerage Agreement, the Broker undertakes in particular to:

5.2

  • endeavour to find and connect the Principal with a person for concluding the mediated transaction;
  • inform the Principal of the average market price of similar real estate;
  • obtain and inspect documents proving ownership or other real rights over the property;
  • undertake necessary actions to verify the condition of the property and present it on the market, advertise it appropriately and perform other agreed activities exceeding standard presentation, for which special costs may apply;
  • enable property viewings;
  • mediate in negotiations if specifically agreed;
  • safeguard the Principal’s personal data and, upon written instruction, treat property-related information as a business secret;
  • verify land use in accordance with spatial planning regulations;
  • inform the Principal of all relevant circumstances;
  • prepare and attend the conclusion of legal transactions (pre-contracts and contracts);
  • attend the handover of the property.

6 Brokerage

6.1
It shall be deemed that the Broker has enabled contact if the Principal is brought into contact with a third party, especially if the Broker:

  • arranged property viewings;
  • organised meetings;
  • provided contact details or property location.

6.2
The Broker maintains records of brokerage activities.

6.3
In exclusive brokerage, the Broker shall explicitly inform the Principal of legal consequences.

7 Obligations of the Principal

7.1
The Principal undertakes to:

  • provide accurate and relevant information;
  • pay the brokerage fee upon conclusion of the transaction or pre-contract if agreed;
  • reimburse additional costs;
  • notify the Broker of any changes.

7.2
If acting as seller, the Principal must:

  • provide accurate property data and permits;
  • provide proof of ownership and disclose encumbrances;
  • enable viewings;
  • provide full property description and price.

7.3
The Principal is not obliged to enter negotiations or conclude a transaction.

7.4
The Principal is liable for damages if acting in bad faith, fraudulently, or breaching exclusivity.

8 Brokerage Fee

8.1
The brokerage fee (hereinafter: the Fee) is determined by the Broker’s price list unless otherwise agreed.

8.2
Additional services are charged separately.

8.3
The Broker earns the Fee upon conclusion of the transaction (pre-contract or contract). VAT applies. The Broker retains the right to the Fee up to 12 months after contract termination if the transaction results from prior brokerage.

8.4
The Broker is entitled to the Fee even if related persons/entities conclude the transaction.

8.5
Withdrawal after signing does not affect the obligation to pay the Fee.

9 Termination of the Agreement

9.1
The Agreement terminates upon expiry or cancellation. It automatically renews unless cancelled 15 days prior.

9.2
Early termination is allowed only for justified reasons; costs must be reimbursed.

9.3
These provisions apply to exclusive agreements accordingly.

10 Final Provisions

10.1
Croatian law shall apply.

10.2
Disputes shall be resolved amicably or before the competent court in Zagreb.

10.3
Invalid provisions do not affect the rest; replacements shall reflect original intent.

10.4
Applicable laws apply where not explicitly regulated.

10.5
These General Terms enter into force on 01 January 2026.