GENERAL TERMS AND CONDITIONS OF BUSINESS
in Real Estate Brokerage
I. DEFINITIONS AND TERMS
The terms used in these General Terms and Conditions have the following meanings:
- Broker: Romano Nekretnine (Romano Real Estate), a specialized real estate agency and service provider with its registered seat in Trogir, Ulica Blaženog Augustina Kažotića 12, meeting all legal requirements for conducting real estate brokerage activities in accordance with the Real Estate Brokerage Act (hereinafter: the Broker).
- Agent: A licensed natural person authorized to engage in real estate brokerage who has passed the professional examination, is registered in the Directory of Real Estate Agents at the Croatian Chamber of Economy, and is employed by the Broker or by a legal entity that has a business cooperation agreement with the Broker.
- Brokerage: A set of professional actions performed by the Broker with the purpose of connecting the Principal and a Third Party, as well as conducting negotiations and preparations for concluding legal transactions concerning real estate (primarily purchase and sale, lease, rental, or exchange).
- Principal: A natural or legal person who enters into a written brokerage agreement with the Broker (seller, buyer, landlord, tenant, lessor, or lessee).
- Third Party: A person whom the Broker connects with the Principal for the purpose of negotiating and concluding a legal transaction regarding real estate, regardless of whether the Broker has also concluded a brokerage agreement with that person.
II. OFFER AND PROPERTY INFORMATION
- All offers by the Broker are drawn up based on information received from the owner or the Principal, whether provided orally, in writing, or electronically.
- The Broker disclaims liability for unintentional errors in the description and price of the property, as well as for cases where the property has in the meantime been sold, rented, or withdrawn from the market by the owner.
- All offers and business information provided by the Broker to the Principal are considered a business secret and may be transferred to third parties only with the prior written approval of the Broker.
- If the recipient of the offer is already familiar with the property offered by the Broker, they are obliged to inform the Broker without delay in writing (via e-mail, fax, or registered mail).
III. BROKERAGE AGREEMENT
- Under the Real Estate Brokerage Agreement (hereinafter: the Agreement), the Broker undertakes to find and connect a Third Party with the Principal to negotiate and conclude a legal transaction (sale, lease, rental, exchange, etc.), while the Principal undertakes to pay the brokerage commission if the transaction is concluded. The obligation to pay the commission also arises upon concluding a preliminary agreement binding the parties to sign the main contract.
- The Agreement is concluded in writing and for a specified period of time.
- If the duration is not specified in the Agreement itself, it shall be deemed concluded for a period of 12 months from the date of signing.
- The Broker has the right to transfer the performance of obligations under the Agreement to another authorized broker (Partner) with whom a cooperation agreement exists, provided this option is explicitly stated in the Agreement. In such case, the Broker fully guarantees the orderly execution of the transaction to the Principal, and the Principal shall pay the agreed commission exclusively to the Broker – Romano Nekretnine.
IV. TERMINATION OF THE CONTRACTUAL RELATIONSHIP
- A brokerage agreement concluded for a fixed period terminates upon the expiration of its term if the transaction was not concluded, or by termination notice from either contracting party.
- If the termination of the Agreement by the Principal is contrary to the principle of good faith and fair dealing, or is done with the intention of depriving the Broker of the earned commission, the Broker reserves the right to claim damages in the amount of the full brokerage commission.
- The Principal is obliged to reimburse the Broker for all pre-agreed and actually incurred special expenses.
- If, after the termination of the Agreement, the Principal concludes a legal transaction that is a direct result of the Broker’s activities prior to the termination, the Principal is obliged to pay the full commission to the Broker, regardless of whether the transaction was concluded directly with the Third Party or through affiliated persons/entities.
V. RIGHTS AND OBLIGATIONS OF THE BROKER
- In performing brokerage activities, the Broker undertakes to:
- Actively seek and connect potential parties with the Principal to conclude the legal transaction.
- Inform the Principal about average market prices of comparable properties.
- Obtain and inspect ownership documents and other records proving title or other real rights on the property.
- Perform marketing activities and advertise the property in an appropriate manner, as well as additional agreed actions for which the Broker is entitled to a special fee if so agreed.
- Organize and conduct property viewings, or decline a viewing if required by the Principal’s best interests or professional evaluation.
- Participate in negotiations and guide the parties toward concluding the contract, if specifically agreed upon.
- Protect the Principal’s personal data and, upon written instruction, keep information about the property or transaction confidential as a business secret.
- For building and other land plots, verify the spatial planning purpose in accordance with current zoning regulations.
- Timely inform the Principal of all relevant circumstances concerning the transaction that are known or must be known to the Broker.
- Comply with regulations governing anti-money laundering and prevention of terrorist financing.
- Act with due professional care, observing ethical and professional standards.
- After a successful property purchase, the Broker will, upon request of the Principal (buyer) and without additional charge, assist in submitting applications for transferring utility services to the new owner, provided the Broker receives a certified special power of attorney.
- The Broker assumes no liability for the non-performance of obligations agreed between the Principal and the Third Party in their mutual legal transaction.
VI. OBLIGATIONS OF THE PRINCIPAL
- By signing the Agreement, the Principal assumes the following obligations:
- Inform the Broker accurately and fully about all essential property features, and present ownership documentation as well as building, location, or usage permits if available.
- Present proof of ownership or other real rights and disclose all registered and unregistered encumbrances, obtaining appropriate cancellation clearances at their own expense.
- Provide a valid Energy Performance Certificate for the property.
- Inform the Broker whether the property constitutes marital/cohabiting property.
- Enable the Broker and potential buyers/tenants to view the property.
- Clearly specify the required conditions and asking price for the property.
- Upon completion of the transaction (including the signing of a preliminary contract), pay the Broker the agreed commission.
- Reimburse the Broker for extraordinary brokerage expenses if pre-agreed.
- Notify the Broker in writing of any subsequent changes related to the property or its ownership status.
- The Principal is not obliged to enter into negotiations or conclude a transaction with a Third Party found by the Broker. However, if the Principal acts in bad faith, they shall be liable for damages and must reimburse expenses, which cannot be less than 1/3 nor more than the full amount of the agreed commission.
- The Principal shall be fully liable for damages if acting fraudulently, concealing material facts, or providing incorrect data to finalize the transaction.
VII. BROKERAGE COMMISSION
- The commission amount is specified in the Agreement in accordance with the Broker’s valid Price List. The commission covers all standard Broker actions specified in these General Terms.
- Additional services beyond standard brokerage are charged only if specifically pre-agreed, with a clearly defined price or calculation method.
- The Broker may charge a commission from both the Principal and the Third Party for the same property only if a separate brokerage agreement has been concluded with each party. It is prohibited to charge a commission to a buyer/tenant who has not signed an agreement with the Broker.
- If the Broker acts for both parties, the total combined commission collected from both parties shall not exceed the maximum rate defined in the Price List. If it is agreed that only one party pays the commission, that party may be charged up to half of the maximum allowable rate under the Price List.
- The Broker is obliged to clearly state in writing the individual and total commission amounts prior to concluding the transaction.
- Maturity of Commission:
- For preliminary contracts with down payment/earnest money: The commission is payable in two equal parts – the first on the date of down payment, and the second upon signing the main contract (or expiration of the deadline for its signing).
- For preliminary contracts without down payment: The commission is due in full on the date of full purchase price payment or expiration of the deadline set in the preliminary contract.
- For main contracts with installment payments: The first half is due upon the first payment/down payment, and the second half upon final payment of the purchase price.
- For main contracts with single-sum payment: The commission is due in full on the date of full purchase price payment.
- The withdrawal of either party from an already concluded contract or preliminary contract does not affect the Principal’s obligation to pay the Broker the agreed commission in full.
- The Broker is entitled to the commission even if the Principal concludes a different legal transaction with the Third Party than the one originally brokered, provided the same purpose is achieved or the same property is involved.
- The Broker is deemed to have enabled contact with a Third Party if the Broker directly organized a viewing, arranged a meeting, or provided the contact details/exact location of the property.
- Proof of connection is established through the Broker’s business records (CRM system, e-mails, written offers, call logs, etc.).
- The right to commission also applies if the transaction with the Third Party is concluded by the Principal’s spouse/cohabitant, direct lineal relative, or an affiliated legal entity/company.
VIII. BROKERAGE PRICE LIST
The Price List is an integral part of these General Terms and Conditions, and the version valid at the time of signing the Agreement shall apply. The Price List must be presented to and signed by the Principal prior to concluding the Agreement.
Romano Real Estate
Ulica Blaženog Augustina Kažotića 12, 21220 Trogir, Croatia
Web: www.romano-realestate.com
I. BROKERAGE FEES
- Property Sale:
- Charged to the seller (Principal): 2% to 3% of the agreed purchase price (minimum EUR 1,500.00).
- Property Purchase:
- Charged to the buyer (Principal): 2% to 3% of the agreed purchase price (minimum EUR 1,500.00).
- Lease and Rent:
- Charged to the Principal (landlord/lessor or tenant/lessee): equal to 1 monthly rent/lease payment.
II. SCOPE OF SERVICES INCLUDED IN THE COMMISSION
The standard commission includes all regular activities: property presentation and advertising, market analysis, inspection of title documents, conducting negotiations, organizing viewings, verifying zoning/land use, maintaining data confidentiality, and professional assistance with utility transfers to the new owner.
III. DUAL BROKERAGE (MAXIMUM RATES)
- Sales/Purchases: The total combined commission from both parties shall not exceed 6% of the purchase price. If paid by one party only, the maximum rate is 3%.
- Leases/Rentals: The total combined commission from both parties shall not exceed 300% of one month’s rent. If paid by one party only, the maximum rate is 150% of one month’s rent.
IV. ADDITIONAL COSTS
The brokerage commission does not include court/administrative fees, nor notary, legal, appraisal, surveying, or architectural fees.
This Price List applies as of: July 7, 2026.
IX. ADVERTISING AND PROPERTY VIEWINGS
- The Broker advertises a property exclusively upon signing a written Brokerage Agreement with the owner.
- The Broker shall not condition a property viewing for a Third Party on signing a brokerage agreement.
- Upon viewing a property, a Viewing Confirmation is signed, which serves as proof of the Broker’s activity and does not constitute a brokerage agreement or impose financial obligations on the Third Party.
X. PERSONAL DATA PROTECTION (GDPR)
- By signing the Agreement, the Principal confirms having been informed about the processing of their personal data for the purpose of executing the Agreement, maintaining the business relationship, and fulfilling legal obligations.
- The Broker processes data in accordance with Regulation (EU) 2016/679 (GDPR) and the Croatian Act on the Implementation of the General Data Protection Regulation.
- The Principal has the right to request the exercise of all rights belonging to them as a data subject.
- Detailed information regarding data processing and the Data Protection Officer’s contact details are available on the official website: www.romano-realestate.com.
XI. FINAL PROVISIONS
For all matters not explicitly regulated by these General Terms and Conditions, the provisions of the Real Estate Brokerage Act, the Civil Obligations Act, and other applicable laws of the Republic of Croatia shall apply. In case of linguistic discrepancies with translations, the Croatian version shall prevail.
These General Terms and Conditions enter into force and apply as of July 7, 2026.
- ROMANO NEKRETNINE vl. Romano Vuković
- Matični broj: 97710571
- OIB: 89756793271
- Naziv: ROMANO NEKRETNINE
- Adresa sjedišta: Bl.A.Kažotića 12, 21220 TROGIR, HRVATSKA
- Registarski broj upisa u imenik: 122/2016
- Broj rješenja o ispunjavanju uvjeta: KLASA: UP/I-330-01/16-01/259; URBR:526-05-01-01-01/2-16-3
