General business conditions
GENERAL TERMS AND CONDITIONS AND PRICE LIST OF SERVICES
CROMAX NEKRETNINE, real estate business, owner Matija Blažon
Varaždin, Trg kralja Tomislava 4
GENERAL PROVISIONS
Article 1.
These General Terms and Conditions of real estate brokerage (hereinafter: the General Terms and Conditions) regulate the business relationship between the real estate brokerage agency (hereinafter: the Broker) and a natural or legal person (hereinafter: the Principal) who concludes a brokerage agreement with the Broker. The General Terms and Conditions and the applicable Price List of Services, indicating the relevant date and year, form an integral part of the brokerage agreement concluded between the Broker and the Principal.
Article 2.
Individual terms and designations within the meaning of these General Terms and Conditions have the following meanings:
Real Estate Broker – an authorised Agency that fulfils the requirements for performing real estate brokerage activities, real estate brokerage and transaction agency CROMAX NEKRETNINE, real estate business, owner Matija Blažon, Varaždin, Trg kralja Tomislava 4 (hereinafter: the Broker).
Real Estate Brokerage means activities of a real estate broker relating to connecting the Principal and a third party through negotiations and preparations for the conclusion of legal transactions concerning a specific property, particularly in connection with purchase, sale, exchange, rent and lease.
Real Estate Brokerage Agent is a natural person entered in the Directory of Real Estate Brokerage Agents maintained by the Croatian Chamber of Economy (HGK) (hereinafter: the Agent).
Real Estate means parcels of the Earth's surface together with everything permanently attached to the land on or below its surface in accordance with the provisions of the general law governing ownership and other real rights.
Principal is a natural or legal person who concludes a brokerage agreement with a real estate broker (seller, buyer, lessee, lessor, landlord, tenant).
Third Party is a person whom the real estate broker seeks to connect with the Principal for the purpose of negotiating the conclusion of legal transactions concerning a specific property (hereinafter: the Third Party).
Brokerage Fee is the amount that the Principal is obliged to pay to the Broker for brokerage services.
PROPERTY OFFER
Article 3.
The Broker's offer is based on information received in writing and/or orally from the owners of properties offered for sale, lease or rent, as well as information contained in the Principal's written and/or oral instructions. There is a possibility of errors in the description and price of a property, as well as the possibility that an advertised property has already been sold or rented, or that the property owner has withdrawn from the sale/rental without informing the Broker.
Our offers and notices must be kept confidential as a business secret by the recipient (Principal) and may be disclosed to a third party only with our approval.
If the recipient of our offer is already familiar with the properties we have offered, he is obliged to inform us thereof without delay, either orally or in writing.
PROPERTY PRICES
Article 4.
Property prices are stated in euros.
BROKERAGE AGREEMENT
Article 5.
Under a real estate brokerage agreement (hereinafter: the Agreement), the Broker undertakes to endeavour to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a specific legal transaction involving the transfer or establishment of a specific right over real estate, while the Principal undertakes to pay the Broker an agreed brokerage fee (hereinafter: the Fee) if such legal transaction is concluded.
The Agreement shall be concluded in writing and for a fixed term.
If the contracting parties do not agree on the term for which the Agreement is concluded, the Agreement shall be deemed to have been concluded for a fixed period of 12 months and may be extended by mutual agreement of the parties.
TERMINATION OF THE BROKERAGE AGREEMENT
Article 6.
A brokerage agreement concluded for a fixed term shall terminate upon expiry of the period for which it was concluded if the agreement for which brokerage services were provided has not been concluded within that period, or upon termination by either contracting party.
The Principal is obliged to reimburse the Broker for costs incurred where it was expressly agreed that such costs would be paid separately by the Principal.
If, within a period no longer than the duration of the concluded Agreement following termination of that Agreement, the Principal concludes a legal transaction that is predominantly the result of the Broker's activities prior to termination of the Brokerage Agreement, the Principal is obliged to pay the Broker the brokerage fee in full, unless otherwise agreed in the Agreement.
EXCLUSIVE BROKERAGE
Article 7.
Under an exclusive brokerage agreement, the Principal may undertake not to engage any other broker for the transaction being brokered (exclusive brokerage), and such obligation must be expressly agreed.
If, during the term of the Exclusive Brokerage Agreement, the Principal concludes through another broker, bypassing the Broker, a legal transaction for which the exclusive Broker had been instructed to provide brokerage services, the Principal is obliged to pay the Broker the agreed commission.
When concluding an exclusive brokerage agreement, the Broker is obliged to specifically inform the Principal of the meaning and legal consequences of such agreement.
An exclusive brokerage agreement concluded for a fixed term shall terminate upon expiry of the period for which it was concluded if the agreement for which brokerage services were provided has not been concluded within that period, or upon termination by either contracting party.
OBLIGATIONS OF THE BROKER
Article 8.
By signing the real estate brokerage agreement, the Broker undertakes in particular to:
endeavour to find and connect the Principal with a third party for the purpose of concluding the brokered transaction.
inform the Principal of the average market price of a similar property and location.
inspect documents proving ownership or another real right over the property in question and warn the Principal of obvious deficiencies and possible risks relating to an unregulated land registry status of the property, registered real rights or other rights of third parties over the property, the legal consequences of failure to fulfil obligations towards a third party, deficiencies concerning building and occupancy permits pursuant to special legislation, circumstances requiring the application of pre-emption rights and restrictions on legal transactions pursuant to special regulations.
perform the necessary activities for presenting the property on the market and advertise the property in an appropriate manner.
enable the Principal to inspect and present properties without obstruction.
mediate in negotiations and endeavour to bring about the conclusion of an agreement.
protect the Principal's personal data and, upon the Principal's written instruction, keep as a business secret information about the property for which brokerage services are provided, information relating to such property, or information relating to the transaction for which brokerage services are provided.
inform the Principal of all circumstances relevant to the intended transaction that are known or ought to be known to the Broker.
OBLIGATIONS OF THE PRINCIPAL
Article 9.
To conclude a Brokerage Agreement with the Broker and:
inform the Broker of all circumstances relevant to the provision of brokerage services and provide accurate information about the property, as well as make available for inspection the location, building and/or occupancy permit for the property that is the subject of the Agreement.
make available to the Broker documents proving the Principal's ownership of the property, i.e. another real right over the property that is the subject of the Agreement, and inform the Broker of all registered and unregistered encumbrances affecting the property.
enable the Broker and a third party interested in concluding the brokered transaction to view the property.
inform the Broker of all material information concerning the property being sought, particularly including the property description and price.
after conclusion of the preliminary agreement, pay the Fee to the Broker.
reimburse the Broker for costs incurred during brokerage that exceed the usual brokerage costs.
inform the Broker in writing of all changes relating to the transaction for which the Broker has been authorised, particularly changes relating to ownership of the property.
The Principal is not obliged to enter into negotiations for the conclusion of the brokered transaction with a Third Party found by the Broker, nor to conclude a legal transaction. The Principal shall be liable for damages if he has not acted in good faith and shall be obliged to reimburse all costs incurred during brokerage, which may not exceed the Fee.
The Principal shall be liable for damages if he has acted fraudulently, concealed information or provided inaccurate information material to the brokerage activities for the purpose of completing the brokered transaction.
BROKERAGE FEE
Article 10.
The amount of the brokerage fee shall be determined by the Brokerage Agreement in accordance with the Broker's applicable Price List.
The agreed brokerage fee covers the performance of all activities of the Broker, i.e. through to registration of ownership from the seller's name to the buyer's name and the filing of real estate transfer tax.
In connection with brokerage for the same property, the Broker may charge a brokerage fee to the Principal and to a third party who becomes a Principal, provided that the Broker has concluded a separate Brokerage Agreement with each party. The Broker may not charge a brokerage fee to a third party who assumes the role of buyer, tenant or another role in the legal transaction and has not concluded a Brokerage Agreement with the Broker.
If the Broker has concluded Brokerage Agreements with two Principals for the same property and those Agreements provide that both contracting parties shall pay the brokerage fee, the total brokerage fee charged to both Principals for the same property may not exceed the maximum brokerage fee specified in the Price List applicable at the time those Brokerage Agreements were concluded.
If the Broker has concluded Brokerage Agreements with two Principals for the same property and those Agreements provide that only one contracting party shall pay the brokerage fee, the Broker may charge that contracting party a brokerage fee only up to a maximum of one half of the brokerage fee specified in the Price List applicable at the time that Brokerage Agreement was concluded.
If the concluded legal transaction also includes the conclusion of a preliminary agreement under which the Principal and the Third Party undertake to conclude the main agreement relating to the property that is the subject of brokerage and under which payment of a deposit and/or part of the agreed purchase price prior to conclusion of the main sale and purchase agreement has been agreed, the Principal undertakes to pay the brokerage fee to the Broker in two equal instalments, the first of which falls due on the date of payment of the deposit and/or part of the agreed purchase price and the second on the date of conclusion of the main agreement, or on the date of expiry of the deadline specified in the preliminary agreement for conclusion of the main agreement.
If the concluded legal transaction includes the conclusion of a preliminary agreement under which the Principal and the Third Party undertake to conclude the main agreement relating to the property that is the subject of brokerage, but which does not provide for payment of a deposit and/or part of the agreed purchase price prior to conclusion of the main sale and purchase agreement, the Principal undertakes to pay the brokerage fee to the Broker on the date on which the agreed purchase price is paid in full, or on the date of expiry of the deadline specified in the preliminary agreement / main agreement for payment of the agreed purchase price.
If the concluded legal transaction includes exclusively the conclusion of the main agreement relating to the property that is the subject of brokerage and that agreement provides for payment of a deposit and/or payment of the agreed purchase price in instalments, the Principal undertakes to pay the brokerage fee to the Broker in two equal instalments, the first of which falls due on the date of payment of the deposit and/or first instalment of the agreed purchase price and the second on the date on which the agreed purchase price is paid in full, or on the date of expiry of the deadline specified in the main agreement for payment of the agreed purchase price.
If the concluded legal transaction includes exclusively the conclusion of the main agreement relating to the property that is the subject of brokerage and that agreement provides for a one-time payment of the agreed purchase price, the Principal undertakes to pay the brokerage fee to the Broker on the date on which the agreed purchase price is paid in full, or on the date of expiry of the deadline specified in the main agreement for payment of the agreed purchase price.
Withdrawal by the Principal or the Third Party with whom the Principal concluded a preliminary agreement relating to the property that is the subject of brokerage, as well as withdrawal by the Principal or the person with whom the Principal concluded an agreement relating to the property that is the subject of brokerage from performance of the concluded agreement, shall not affect the Principal's obligation to pay the brokerage fee to the Broker in the amount and manner determined by this Article and the concluded Brokerage Agreement.
The Principal is obliged to pay the Fee even when he concludes with a Third Party, to whom the Broker referred him and with whom the Broker connected him, a legal transaction different from the one for which brokerage services were provided, but which achieves the same purpose as the brokered transaction or whose subject is the property that is the subject of brokerage. The Broker shall be deemed to have enabled the Principal to establish contact with the Third Party if the Broker:
directly took or directed the Principal to view the property in question, or
organised a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of a legal transaction,
or
provided the Principal with the name and surname, or company name, telephone number, telefax number or e-mail address of the Third Party authorised to conclude the legal transaction, or provided the exact location of the property sought, or otherwise enabled negotiations or the conclusion of a legal transaction between the Principal and the Third Party.
Establishing contact does not necessarily have to include a physical viewing of the property, and general advertising of the property alone, without a specific connection between the Principal and the Third Party, shall not in itself be considered sufficient for the right to the Fee to arise. Establishing contact may be proven by the Broker's business records, e-mail communications, telephone calls/messages, offers sent and other business records.
Following termination of the Agreement, the Broker is entitled to the Fee if the Principal concludes with a Third Party or a person connected with that Third Party a legal transaction resulting from the Broker's activities prior to termination of the Brokerage Agreement. If, during negotiations or conclusion of the brokered transaction, the Principal withdraws from concluding the legal transaction, the mere fact of withdrawal does not create an obligation to pay the Fee in full, unless the right to the Fee has arisen in accordance with the Agreement, these General Terms and Conditions and applicable regulations. If the Principal did not act in good faith, the Broker is entitled to compensation for damages and costs incurred in accordance with applicable regulations and these General Terms and Conditions. The Broker is entitled to the Fee if the Principal's spouse or common-law partner, descendant or parent; or a company, institution or other legal person of which the Principal, his spouse or common-law partner, descendant or parent is a founder or legal representative, or with which he has concluded an employment contract or service contract, concludes the brokered legal transaction with the person with whom the Broker connected the Principal.
The Broker is also entitled to the Fee if the Principal disposes of the property that is the subject of brokerage in any manner in favour of one of the persons referred to in the preceding paragraph and that person, following such disposition, concludes the brokered legal transaction or a transaction achieving the same purpose as the brokered transaction with the Third Party or with one of the persons referred to in the preceding paragraph who is connected in such manner with the Third Party or a person connected with the Third Party.
The Principal undertakes to pay the brokerage fee to the Broker in two equal instalments, the first of which falls due on the date of conclusion of the preliminary agreement and the second on the date of conclusion of the main agreement, or on the date of expiry of the deadline specified in the preliminary agreement for conclusion of the main agreement.
The Broker is entitled to the Fee if the Principal's spouse or common-law partner, descendant or parent; or a company, institution or other legal person of which the Principal, his spouse or common-law partner, descendant or parent is a founder or responsible person, or with which he has concluded an employment contract or service contract, concludes the brokered legal transaction with the person with whom the Broker connected the Principal.
Price List
The Broker's applicable Price List of brokerage fees forms an integral part of these General Terms and Conditions, as Annex 1 thereto, and of the Brokerage Agreement, and shall apply in the version effective at the time the Brokerage Agreement is concluded, indicating the relevant date and year of application.
The amount of the brokerage fee, the minimum brokerage fee, the person or persons responsible for payment of the brokerage fee, the services included in the brokerage fee, the maximum total brokerage fee when providing brokerage services for both parties, and the rules governing additional services and special costs shall be determined by the Broker's applicable Price List.
The Price List must be presented to the Principal prior to conclusion of the Brokerage Agreement and signed by the Broker and the Principal, or by the Third Party when that party concludes a separate Brokerage Agreement with the Broker.
The Broker may not charge a brokerage fee to a Third Party who assumes the role of buyer, tenant, lessee or other acquirer of rights in the legal transaction if the Broker has not concluded a separate Brokerage Agreement with that person.
Advertising and Property Viewings
The Broker may not advertise a property without first concluding a Brokerage Agreement with the property owner or another authorised Principal.
If the Broker advertises a property on the market on the basis of a Brokerage Agreement with the Principal, the Broker may not make a Third Party's viewing of that property conditional upon the prior signing of a Brokerage Agreement.
When a property is viewed through the Broker, a viewing confirmation shall be signed, by which the Broker or Agent proves to the Principal that the property has been shown to third parties. Signing a property viewing confirmation shall not be considered a Brokerage Agreement and may not contain provisions obliging the Third Party to pay a brokerage fee.
FINAL PROVISIONS
Article 11.
For all matters not expressly regulated by these General Terms and Conditions, the Real Estate Brokerage Act and the Civil Obligations Act shall apply.
CROMAX NEKRETNINE, real estate business, owner Matija Blažon, Varaždin, Trg kralja Tomislava 4, on the basis of the certificate of passing the professional examination, Class: 133-02/12-02/188 dated 10 September 2012, and pursuant to Article 12 of the Statute of the Croatian Chamber of Economy (Official Gazette 11/94, 108/95, 19/96, 64/01) and Article 30 of the Real Estate Brokerage Act (Official Gazette 107/07, 144/12, 14/14), is entered in the Register of Real Estate Brokers in the Republic of Croatia maintained by the Croatian Chamber of Economy.
These General Terms and Conditions enter into force and begin to apply on 7 July 2026, thereby fully superseding all previous General Terms and Conditions of CROMAX NEKRETNINE, real estate business, owner Matija Blažon, as well as all amendments and supplements thereto.
These General Terms and Conditions apply from 07.07.2026.
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