I. INTRODUCTION

These General Terms and Conditions of Business govern the business relationship between the commercial company Primo consulting j.d.o.o., OIB: 45872996267, Ante Starčevića 13c, 23000 Zadar (hereinafter referred to as: the Broker), acting as an intermediary, and the Principal (a natural or legal person).

By concluding a Brokerage Agreement, the principal/client confirms that they are familiar with and agree to the provisions of the business terms and conditions of the real estate agency Primo consulting j.d.o.o.
Real estate brokerage consists of activities carried out by a licensed real estate broker relating to connecting the principal (property owner) with a buyer/tenant/lessee, as well as negotiations and preparations for concluding legal transactions whose subject is a specific property, especially in cases of purchase, sale, exchange, rental, lease, etc.
Real estate brokerage also includes activities of the broker relating to connecting the client (buyer/tenant/lessee) with the property owner, whereby the broker searches for a suitable property, advises the client, and conducts negotiations and preparations for concluding legal transactions whose subject is a specific property, especially in cases of purchase, sale, exchange, rental, lease, etc.
The property offer of the Broker, Primo consulting j.d.o.o., is based on data received in written and/or oral form from the principal (property owner). The Broker reserves the right to errors in the description and price of the property that may arise due to incorrectly provided information or changes in conditions by the principal (property owner), as well as the possibility that the advertised property has already been sold/leased or that the owner has withdrawn from the sale/lease without timely notifying the agency.
The demand for real estate, i.e. the brokerage procedure for a client, begins at the moment when the client provides the broker, in written or oral form, with information about the type of property sought and gives an order to search for such property, or refers to a specific property in the broker’s portfolio for which the client wishes to be connected with the owner and for brokerage services to be performed.

II. OBLIGATIONS OF THE BROKER TOWARDS THE PRINCIPAL (PROPERTY OWNER)

When mediating the conclusion of a sales contract, lease agreement, or rental agreement for real estate, the Broker is obliged in particular to:

• Endeavour to find and connect the Principal with a legal or natural person for the purpose of concluding the mediated transaction.

• Inform the Principal about the average market price of similar real estate.

• Inspect documents proving ownership or other real rights to the subject property.

• Carry out the necessary actions for presenting the property on the market, advertise the property in an appropriate manner, and perform all other actions agreed in the real estate brokerage agreement that exceed standard presentation, for which the Broker is entitled to special, previously stated costs.

• Enable property viewings.

• Mediate negotiations and endeavour to conclude a contract, if specifically agreed.

• Safeguard the Principal’s personal data and, upon the Principal’s written instruction, treat as a business secret all information regarding the property being mediated or related to that property or the transaction.

• If the subject of the contract is land, verify the designated use of the land in accordance with spatial planning regulations applicable to that land.

• Inform the Principal of all circumstances relevant to the intended transaction that are known or should be known to the Broker.

III. OBLIGATIONS OF THE BROKER TOWARDS THE CLIENT (BUYER / TENANT / LESSEE)

When mediating the conclusion of a sales, rental, or lease agreement, the Broker is obliged in particular to:

• Endeavour to find a suitable property for the client and connect the client with the property owner willing to negotiate the conclusion of a sales contract (exchange, rental, lease, etc.);

• Present to the buyer proof of ownership of the property subject to sale/rental/lease;

• Organise notarisation of the seller’s and buyer’s signatures;

• When necessary, attend the payment of the purchase price and the handover of the property, during which a handover record is prepared;

• If instructed by the Client, the Broker may: submit a tax return to the competent Tax Authority, arrange and submit all necessary documentation for the transfer of utilities from seller to buyer, and submit a proposal for registration of ownership rights for purchased properties on behalf of the Buyer to the land registry department of the competent Municipal Court.

Brokerage shall be deemed completed even if a preliminary contract or contract is concluded between the seller and persons related to the Principal. Related persons include spouses or cohabiting partners, relatives in a direct line, collateral relatives up to the second degree, and legal entities in which the Principal has direct or indirect influence.

IV. OBLIGATIONS OF THE PRINCIPAL

By concluding a Brokerage Agreement with the Broker, the Principal undertakes the following obligations:

• To inform the Broker of all circumstances relevant to brokerage activities and provide accurate information about the property, and if available, submit for inspection location, building, or occupancy permits for the property, as well as evidence of fulfilled obligations towards third parties.

• To provide the Broker with documents proving ownership or other real rights to the property and inform the Broker of all registered and unregistered encumbrances on the property.

• To enable the Broker and third parties interested in concluding the mediated transaction to inspect the property.

• To inform the Broker of all essential information about the requested property, especially its description and price.

• To pay the Broker’s fee simultaneously with the conclusion of the preliminary or final contract.

• To reimburse the Broker for costs incurred during brokerage that exceed standard brokerage expenses.

• To inform the Broker in writing of all changes related to the transaction, especially changes related to property ownership.

The Principal shall be liable for damages if acting fraudulently, withholding or providing inaccurate information essential to brokerage activities, failing to act in good faith, or causing additional costs to the Broker by promising activities not performed. In such cases, the Principal is obliged to compensate the Broker for damages and reimburse all costs incurred during brokerage.

V. OBLIGATIONS OF THE CLIENT (BUYER / TENANT / LESSEE)

By concluding a Brokerage Agreement with the Broker, the Client undertakes the following obligations:

• To inform the Broker of all essential information about the requested property, especially its description and the planned price the Client is willing to pay.

• To pay the Broker’s fee simultaneously with the conclusion of the preliminary or final contract.

• To reimburse the Broker for costs incurred during brokerage that exceed standard brokerage expenses.

• To inform the Broker in writing of all changes related to the transaction for which the Broker was authorised.

The Client shall be liable for damages if acting fraudulently, failing to act in good faith, or causing additional costs to the Broker by promising activities not performed. In such cases, the Client is obliged to compensate the Broker for damages and reimburse all costs incurred during brokerage.

VI. BROKERAGE COMMISSION

The agency acquires the right to the brokerage fee (commission) in full at the moment the mediated transaction is concluded (by signing a Preliminary Contract or Contract). The fee is payable simultaneously with or immediately after the conclusion of the legal transaction for which the agency mediated.
Under these terms, a mediated legal transaction also includes cases where the client concludes a contract, preliminary contract, and/or pays a deposit with a third party introduced by the Broker, for properties owned by that third party or their family members, even if such properties are not explicitly listed in the Brokerage Agreement.
The brokerage fee includes all costs incurred by Primo consulting j.d.o.o. during brokerage, except for costs related to additional services agreed separately with the principal or client that do not fall within standard brokerage activities.
The commission is charged as a percentage of the total achieved purchase price, increased by VAT.

VII. PRICE LIST OF BROKERAGE COMMISSIONS AND AGENCY SERVICES
BROKERAGE COMMISSION PRICE LIST in accordance with Articles 27 and 28 of the Real Estate Brokerage Act (Official Gazette 14/14):
SALE – Commission charged to the seller:

• 3%, but not less than €1,500
PURCHASE – Commission charged to the buyer:

• 3%, but not less than €1,500
RENTING / LEASING – commission charged to the landlord/lessor

Percentage of one monthly rent:

• Minimum 75%

• 100% for leases from 12 to 36 months

• Minimum 150% for leases of 36 months (3 years) or more
RENTING / LEASING – commission charged to the tenant/lessee

Percentage of one monthly rent:

• Minimum 75%

• 100% for leases from 12 to 36 months

• Minimum 150% for leases of 36 months (3 years) or more
For services not covered under Section II of these General Terms and Conditions, performed at the request of the Principal or Client, the brokerage hourly rate is €150.00 (one hundred and fifty euros).
In such cases, in addition to the hourly fee, the Principal or Client is also obliged to reimburse the Broker for actual expenses incurred.

VIII. BROKERAGE COMMISSION AND PRICE LIST
By confirming acceptance of these General Terms and Conditions by clicking on the website www.bestrealestate.eu or by confirmation via email, WhatsApp, or SMS, the Principal/Client confirms that they are familiar with and accept these terms. It shall be deemed that the agency has provided all necessary information and that the parties have concluded a distance Brokerage Agreement, thereby giving consent to the obligation to pay the brokerage commission.
The contracting parties may also sign a written Brokerage Agreement that more precisely defines cooperation and supersedes all prior written and oral agreements. The obligation to pay the brokerage commission remains regardless of whether a written Brokerage Agreement has been signed.
For matters not regulated by these General Terms and Conditions or the Brokerage Agreement, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply. Any disputes shall be subject to the jurisdiction of the competent court.
The Principal declares that they have read, understood, and fully accept the Broker’s General Terms and Conditions.