General Terms and Conditions

ETNA NEKRETNINE d.o.o. hereby adopts the following

GENERAL TERMS AND CONDITIONS OF BUSINESS

I. INTRODUCTORY PROVISIONS

(1) These General Terms and Conditions govern the basic rights and obligations of the Broker, the Principal and other participants in real estate brokerage, the Broker's rules of conduct, making connections, calculation and collection of brokerage fees, additional services and costs, advertising, property viewing, records, responsibility, communication and other matters related to brokerage.

(2) These General Terms and Conditions and the Broker's valid Price List form an integral part of the brokerage agreement if they have been delivered, presented or made available to the Principal prior to the conclusion of the brokerage agreement and if the Principal has accepted them by signing the brokerage agreement or in any other permitted manner from which his consent is evident.

II. MEANING OF EXPRESSIONS CONTAINED IN THE GENERAL TERMS AND CONDITIONS

(1) Individual terms within the meaning of this Act have the following meanings:

broker is a company or tradesman registered to perform real estate brokerage activities, with its seat in the Republic of Croatia or a member state of the Agreement on the European Economic Area

agent is a natural person who has passed the professional examination for performing agent activities, is entered in the Register of Agents and is employed by the broker under an employment contract

brokerage are the actions of the broker by which the principal is connected with a third party, as well as negotiations and preparation for concluding legal transactions whose subject is a specific property, especially in purchase, sale, exchange, lease, rental, etc.

real estate are parcels of land, in accordance with the general regulation on ownership and other property rights

principal is a natural or legal person who enters into a written brokerage agreement with the broker

third party is a person whom the real estate broker seeks to connect with the principal for the purpose of negotiating the conclusion of a legal transaction relating to a specific property

offer is based exclusively on data received by the broker in written or oral form from the property owner (or principal). The offer becomes legally valid for advertising only when confirmed by signing the brokerage agreement.

II. REAL ESTATE BROKERAGE AGREEMENT

(1) By the Real Estate Brokerage Agreement (hereinafter: the Brokerage Agreement) the broker undertakes to endeavor to find and bring into contact with the principal a third party for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right to real estate, and the principal undertakes to pay the broker a brokerage fee if such legal transaction is concluded.

(2) The Brokerage Agreement is concluded in writing and for a fixed term, and it is not permitted to perform brokerage activities without a concluded agreement.

(3) If the contracting parties do not agree on the duration of the agreement, the brokerage agreement shall be deemed to have been concluded for a period of 12 months.

(4) The brokerage agreement must contain information on the broker and the principal, the subject of brokerage, the type and essential content of the legal transaction for which brokerage is provided, the amount of the brokerage fee, information on all additional services and costs related to brokerage if provided by the broker in agreement with the principal, including the type and amount of such costs with the designated payer of such costs, and the registration number of entry in the Register of Brokers.

(5) An integral part of the brokerage agreement is the valid price list at the time of concluding the brokerage agreement, with the designated date and year, on the basis of which the brokerage fee was agreed, and which was signed by the broker and the principal or third party.

III. TERMINATION OF THE BROKERAGE AGREEMENT

(1) A brokerage agreement concluded for a fixed term shall terminate upon expiry of the term for which it was concluded if no agreement for which brokerage was provided has been concluded within that term, or by termination by either contracting party.

(2) In the event that the termination of the Brokerage Agreement was contrary to the principle of good faith and fair dealing or was made with the intention of depriving the Broker of the right to a brokerage fee, the Broker shall have the right to compensation for damages in the amount of the agreed brokerage fee.

(3) The Principal is obliged to reimburse the broker for costs incurred which were expressly agreed to be paid separately by the principal.

(4) If after the termination of the brokerage agreement the principal concludes a legal transaction that is a consequence of the broker's actions prior to the termination of the agreement, he is obliged to pay the broker the full brokerage fee.

IV. EXCLUSIVE BROKERAGE

(1) By the brokerage agreement, the principal may undertake not to engage any other broker for the brokered transaction, provided that this obligation is expressly agreed upon.

(2) If during the term of the exclusive brokerage agreement the principal concludes a legal transaction on the transfer or establishment of a specific right to real estate through another broker, and for which the exclusive broker was given a brokerage order, he is obliged to pay the exclusive broker the agreed brokerage fee and to reimburse any additional actual costs incurred during the brokerage.

(3) When concluding an exclusive brokerage agreement, the broker is obliged to warn the principal of the legal effects and consequences of such a clause.

V. OBLIGATIONS OF THE BROKER

(1) The broker, in performing brokerage activities or other actions related to the business that is the subject of brokerage, must act with increased care, in accordance with professional rules and customs.

(2) By the Real Estate Brokerage Agreement, the broker undertakes:

  1. to endeavor to find and bring into contact with the principal a person for the purpose of concluding the brokered transaction
  2. to inform the principal of the average market price of a similar property
  3. to obtain and review documents proving ownership or other property rights to the subject property
  4. to perform the necessary actions for presenting and marketing the property on the market, advertise the property in an appropriate manner and perform all other actions agreed by contract that go beyond the usual presentation, for which he has the right to special, pre-agreed costs
  5. to enable or refuse property viewing, in accordance with the interests of the principal and the professional assessment of the broker, acting with the care of a good expert
  6. to keep the principal's personal data confidential and, upon written order, to keep as business secret data about the property and in connection with that property or the business for which he is brokering
  7. if the subject of brokerage is land, to verify its purpose in accordance with spatial planning regulations
  8. to inform the principal of all circumstances important for the intended transaction that are known to him or should be known to him.

(3) If the Broker was unable to perform a particular action from the regular brokerage activities, or was unable to perform it in full, due to the actions or omissions of the Principal, especially due to failure to provide data or documentation, provision of inaccurate or incomplete data, prevention of access to the property, refusal of viewing, change of transaction terms, lack of necessary cooperation or other conduct contrary to the brokerage agreement, such circumstance shall not be considered a breach of the Broker's obligation and shall not affect the Broker's right to a brokerage fee if the prerequisites for its collection are met.

VI. OBLIGATIONS OF THE PRINCIPAL

(1) By the Real Estate Brokerage Agreement, the Principal undertakes the following:

  1. to inform the broker of all circumstances important for performing the brokerage and to present accurate data on the property, and if in possession thereof, to provide for inspection the location permit, building permit or use permit or location information on the property that is the subject of brokerage, and evidence of fulfillment of obligations towards third parties
  2. to provide the broker with documents proving his ownership or other property right to the property and to warn of all registered and unregistered encumbrances
  3. to enable the broker and the third party to view the property
  4. to inform the broker of all essential data about the property, including its description and asking price
  5. to pay the broker the brokerage fee
  6. if expressly agreed, to reimburse the broker for costs exceeding the usual brokerage costs
  7. to notify the broker in writing of all changes related to the business for which the broker is authorized, especially changes related to ownership of the property
  8. if he wishes to remain anonymous, he is not obliged to disclose his identity to the third party until the conclusion of the legal transaction.

(2) The Principal is not obliged to commence negotiations nor to conclude a legal transaction with a third party found by the broker, and any provision of the brokerage agreement to the contrary shall be null and void.

(3) If the Principal does not act in good faith, he shall be liable to the broker for damages and is obliged to reimburse all costs incurred, which may not be less than one third nor exceed the agreed brokerage fee for the brokered transaction.

(4) The Principal shall be liable for damages if he acted fraudulently, concealed or provided inaccurate data essential for brokerage activities with the aim of concluding the brokered transaction.

VII. BROKERAGE FEE

(1) The amount of the brokerage fee is determined by the Real Estate Brokerage Agreement.

(2) The Broker acquires the right to a brokerage fee only after the conclusion of the agreement for which he brokered, unless it was agreed that this right arises already upon conclusion of the preliminary agreement.

(3) The Broker must not demand partial or full payment of the brokerage fee in advance, i.e. prior to the conclusion of the brokerage agreement or preliminary agreement referred to in paragraph 1 of this Article.

(4) Costs of additional services not covered by basic brokerage may be charged in the amount of actual costs, if specifically agreed with the principal.

(5) If the brokerage agreement terminates and the principal subsequently concludes a legal transaction with a third party that is a direct consequence of actions taken by the broker prior to the termination of the agreement, the broker shall have the right to the full brokerage fee, unless otherwise agreed.

(6) The Broker must not charge a brokerage fee to a third party who, in the legal transaction, assumes the role of buyer, tenant or other, and has not concluded a brokerage agreement with the broker.

(7) In the case of performing actions not covered by this Section VII of the General Terms and Conditions at the request of the Principal, the price of the brokerage hourly rate shall be 100.00 EUR (one hundred euros) + VAT (increased by the applicable amount of value added tax of twenty-five percent).

(8) The Principal undertakes to pay the Broker the brokerage fee also in the event that his spouse or common-law spouse, descendant or parent; or a company, institution or other legal entity of which the Principal, his spouse or common-law spouse, descendant or parent is a founder/co-founder or responsible person (director, procurator, member of management or supervisory board, principal) concludes a legal transaction from Art. 1 of this Agreement.

(9) All methods of bringing the Principal and the Third Party into contact are equivalent and may be proven by permitted evidence, including the property viewing confirmation, written or electronic communication, call records, proof of sending data on the Property, proof of viewing the Property, proof of meetings held, offer, notification to the Principal about the third party or other business records of the Broker.

VIII. VIEWING CONFIRMATION AND PROHIBITION OF CHARGING BROKERAGE FEES TO THIRD PARTIES

(1) A broker who advertises a property on the market based on a brokerage agreement with the principal must not condition the viewing of that property by a third party on the prior signing of a brokerage agreement.

(2) When viewing a property through a broker, a viewing confirmation is signed by which the broker or agent proves to the principal that he has shown the property to third parties.

(3) Signing a property viewing confirmation shall not be considered a brokerage agreement and shall not contain provisions obliging the third party to pay a brokerage fee.

(4) The Broker reserves the right to enable or refuse property viewing in accordance with the interests of the Principal and the professional assessment of the Broker, acting with the care of a good expert. The Broker must not charge a brokerage fee to a third party who, in the legal transaction, assumes the role of buyer, tenant or other, and who has not concluded a brokerage agreement with the broker.

IX. BROKERAGE FOR BOTH CONTRACTING PARTIES

(1) The Broker may, in connection with brokerage for the same property, charge a brokerage fee to the principal and to the third party who becomes a principal, provided that he has concluded a separate brokerage agreement with each party.

(2) In addition to the fee from paragraph 1 of this Article, the broker may also charge separately agreed costs from Section VII of these General Terms and Conditions.

(3) If the broker has concluded a brokerage agreement with two principals for the same property and it is agreed in those agreements that the brokerage fee is paid by both contracting parties, the total amount of brokerage fees collected from both principals for the same property shall not exceed the highest amount of brokerage fee determined by the valid price list at the time of concluding those brokerage agreements.

(4) If the broker has concluded a brokerage agreement with two principals for the same property and it is agreed in those agreements that the brokerage fee is paid by only one contracting party, the broker may charge that contracting party a brokerage fee exclusively up to a maximum of one half of the amount of the brokerage fee determined by the valid price list at the time of concluding that brokerage agreement.

(5) The Broker is obliged, prior to concluding the brokerage agreement, to inform the contracting parties in writing of the amount of individual brokerage fees and their total amount.

X. PERSONAL DATA PROTECTION

(1) The Broker is obliged to keep confidential data on the Principal, third parties, the property, conditions of the legal transaction, negotiations, documentation and other circumstances learned in performing brokerage activities, unless their disclosure is necessary for the execution of the brokerage agreement, implementation of the brokered legal transaction, protection of the rights and interests of the Broker or Principal, fulfillment of legal obligations or if the Principal has given consent for their disclosure.

(2) The Broker processes personal data of the Principal, third parties and other participants in accordance with applicable personal data protection regulations, for purposes related to performing brokerage activities, execution of the brokerage agreement, communication, advertising and presentation of the property, record keeping, fulfillment of legal and regulatory obligations and protection of his rights and legal interests.

(3) The Principal is obliged to provide the Broker with accurate, complete and up-to-date data, documents and information necessary for identification, checks and other actions that the Broker is obliged to carry out in accordance with regulations on the prevention of money laundering and terrorist financing, personal data protection, tax regulations, real estate brokerage regulations and other applicable regulations.

(4) If the Principal, third party or other relevant person fails to provide data, documents or information necessary for the implementation of the Broker's legal or regulatory obligations, or if the Broker, based on conducted checks, assesses that there are legal, regulatory, reputational, business or other justified obstacles for the continuation of brokerage, the Broker is authorized to refuse the conclusion of the agreement, postpone or refuse a particular action, suspend further brokerage or terminate the brokerage agreement, in accordance with applicable regulations and the brokerage agreement.

XI. FINAL PROVISIONS

(1) For everything not expressly regulated by these General Terms and Conditions, the provisions of the Real Estate Brokerage Act, the Civil Obligations Act and other applicable legal regulations shall apply. The governing law shall be the law of the Republic of Croatia.

(2) These General Terms and Conditions of Business shall enter into force and begin to apply on July 7, 2026, thereby fully repealing the General Terms and Conditions of Business from 2026.

In Omiš, July 7, 2026