Terms of Business
Eurovilla d.o.o.
OIB: 77148321177
Zagreb, Berislavićeva 4
Registration number in the Register of Intermediaries: 103/2009
GENERAL PROVISIONS
Article 1.
The general terms and conditions of business govern the business relationship between the company Eurovilla d.o.o. Zagreb, Berislavićeva 4, OIB: 77148321177, as a real estate broker and a natural or legal person (hereinafter referred to as: Principal) who concludes a Brokerage Agreement with the broker.
Article 2.
Conceptual meaning of the term:
- The real estate broker is Eurovilla d.o.o., Zagreb, Berislavićeva 4, OIB: 77148321177, a company that meets the requirements for performing real estate brokerage in accordance with the Real Estate Brokerage Act (hereinafter referred to as: Broker).
- A real estate brokerage agent is a natural person who is registered in the Register of Real Estate Brokerage Agents and is employed as such by the Broker (hereinafter referred to as: Agent).
- Real estate brokerage is the actions of the Broker that relate to connecting the Principal and third parties, and negotiations and preparations for concluding legal transactions involving a specific real estate, especially when purchasing, selling, exchanging, renting, leasing, etc.
- The Principal is a natural or legal person who concludes a written brokerage contract with the Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate transactions).
- A third party is a person whom the Broker seeks to connect with the Principal in order to negotiate the conclusion of legal transactions involving a specific real estate (hereinafter: Third Party).
- The Brokerage Fee is the amount that the Principal is obliged to pay to the Broker for brokerage services (hereinafter: Fee)
REAL PROPERTY OFFER
Article 3.
- The Broker's offer is based on information received in writing and/or orally from the owners of real estate offered for sale, lease or rent, as well as on information contained in the written and/or oral orders of the Principal.
- The recipient (Principal) must keep the Broker's offers and notifications as a business secret and may only transfer them to third parties with the Broker's written consent. The agency reserves the possibility of an error in the description and price of the property, the possibility that the advertised property has already been sold (or rented) or the owner has given up on the sale (or rental).
AGREEMENT ON REAL ESTATE BROKERAGE
Article 4
With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect with the Principal a person in order to negotiate and conclude a certain legal deal on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate, and the Principal undertakes to pay him a certain intermediary fee if that legal deal is concluded.
The Contract is concluded in writing and for a fixed period.
If the contracting parties do not agree on the term for which they conclude the Contract in the Contract itself, the Contract is concluded for a fixed period of 12 months and may be extended several times by agreement of the parties.
Obligations of the Broker
When mediating for the conclusion of a purchase and sale contract, a rental contract or a lease contract for real estate, the Broker is obliged to perform the following:
- try to find and put in touch with the Principal a person for the purpose of concluding the mediated transaction,
- inform the Principal of the average market price of a similar real estate,
- obtain and inspect the documents proving ownership or other real right to the subject real estate,
- carry out the necessary actions to present the real estate on the market, advertise the real estate in an appropriate manner and perform all other actions agreed upon in the real estate brokerage contract that exceed the usual presentation, and for which he is entitled to special, pre-specified costs,
- provide real estate inspection,
- mediate in negotiations and try to conclude a contract,
- keep the Principal's personal data and, upon the Principal's written order, keep as a business secret information about the real estate for which he is mediating or in connection with that real estate or the business for which he is mediating,
- if the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations that apply to that land,
- notify the Principal about all circumstances important for the intended work that are known to him or must be known to him,
- acquaint the Principal with the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism,
- act with due care in accordance with professional and ethical rules standards.
After the sale and purchase agreement is concluded, the Broker will, if the Principal expresses interest and without additional compensation, perform one or more actions for the Principal, the acquirer of the real estate, as follows:
- in cooperation with the legal aid service provider, assist the Principal in carrying out the transfer of ownership in the land registers if the need arises;
- submit a request to the utility service provider to register the Principal as a new service user, and only if the Broker receives a certified special power of attorney from the Principal for this purpose.
The Broker is not liable for any failure to fulfill obligations agreed between the Principal and a third party, which obligations are assumed by a legal transaction concluded between the Principal and a third party, and the subject of which legal transaction is the real estate for which the Broker mediated.
Obligations of the Principal
By signing the Brokerage Agreement, the Principal undertakes to do the following:
- inform the Broker of all circumstances that are important for the provision of brokerage services, present accurate information about the property, and if in possession, provide the Broker with a location, construction or use permit for the property in question and provide evidence of the fulfillment of obligations towards the Third Party,
- provide the Broker with all documents that prove his ownership of the property, or other real right to the property that is the subject of the agreement, and warn the Broker of all registered or unregistered encumbrances that exist on the property,
- provide the Broker and the Third Party interested in concluding the brokered transaction with a viewing of the property,
- after concluding the brokered transaction, or the preliminary contract by which he undertakes to conclude the brokered transaction, pay the Broker a brokerage fee, except unless otherwise agreed,
- if expressly agreed, to compensate the Broker for the costs incurred during the mediation, which exceed the usual mediation costs,
- to notify the Broker in writing of all changes related to the transaction for which the Broker was authorized, and in particular of changes related to the ownership of the real estate,
The Principal is not obliged to enter into negotiations to conclude the mediated transaction with a Third Party found by the Broker, nor to conclude a legal transaction, and the provision of the Agreement that stipulates otherwise is null and void. The Principal will be liable for damages if he did not act in good faith and is obliged to compensate for all costs incurred during the mediation, which cannot be less than 1/3 or more than the agreed Fee.
The Principal will be liable for damages if he acted fraudulently, if he concealed or provided incorrect information essential for the mediation business in order to complete the mediated transaction.
Agency fee
The amount of the agency fee is determined by the agency contract, in accordance with the valid Agency Price List. The agreed agency fee includes the performance of the Agency's regular actions specified in these General Terms and Conditions and the valid Agency Price List. The agreed agency fee includes the performance of all actions of the Agency.
The Agency acquires the right to the agency fee in full, immediately after the conclusion of the mediated transaction (namely: preliminary contract or contract). Value added tax is charged on the amount of the fee in question.
The Agency may, in connection with the mediation for the same real estate, collect an agency fee from the Principal and from a third party who becomes the principal, provided that he has concluded a separate agency contract with each party. The Broker may not charge a brokerage fee from a third party who acquires the role of buyer, lessee or other in a legal transaction and has not concluded a brokerage contract with the Broker.
If the Broker has concluded a brokerage contract with two principals for the same real estate and it is agreed in these contracts that the brokerage fee is paid by both contracting parties, the total amount of the brokerage fee charged by both principals for the same real estate may not exceed the highest amount of the brokerage fee determined by the valid price list at the time of concluding these brokerage contracts.
If the Broker has concluded a brokerage contract with two principals for the same real estate and it is agreed in these contracts 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 half of the amount of the brokerage fee determined by the valid price list at the time of concluding this brokerage contract.
The Broker is obliged, prior to concluding the brokerage contract, to inform the contracting parties of the amount of individual brokerage fees and their total amount.
In the event that the concluded legal transaction includes the conclusion of a preliminary contract by which the Principal and the Third Party have committed to conclude a main contract in relation to the real estate that is the subject of the brokerage and in which the preliminary contract stipulates the payment of the down payment and/or part of the agreed purchase price before concluding the main purchase contract, the Principal undertakes to pay the brokerage fee to the Broker in two equal parts, the first of which is due on the day of payment of the down payment and/or part of the agreed purchase price, and the second on the day of concluding the main contract, i.e. on the day of expiry of the deadline set in the preliminary contract for concluding the main contract.
In the event that the concluded legal transaction includes the conclusion of a preliminary contract by which the Principal and the Third Party have committed to conclude a main contract in relation to the real estate that is the subject of the brokerage, but in which the payment of the down payment and/or part of the agreed purchase price before concluding the main contract is not agreed purchase, the Principal undertakes to pay the brokerage fee to the Broker on the day of payment of the agreed purchase price in full, or on the day of expiry of the deadline set by the preliminary contract / main contract for payment of the agreed purchase price.
In the event that the concluded legal transaction includes exclusively the conclusion of the main contract in relation to the real estate that is the subject of the mediation and in which contract the payment of the down payment and/or the payment of the agreed purchase price in installments is agreed, the Principal undertakes to pay the brokerage fee to the Broker in two equal parts, the first of which is due on the day of payment of the down payment and/or the first installment of the agreed purchase price, and the second on the day of payment of the agreed purchase price in full, or on the day of expiry of the deadline set by the main contract for payment of the agreed purchase price.
In the event that the concluded legal transaction includes exclusively the conclusion of the main contract in relation to the real estate that is the subject of the mediation and in which contract the one-time payment of the agreed purchase price is agreed purchase price, the Principal undertakes to pay the brokerage fee to the Broker on the day of payment of the agreed purchase price in full, or on the day of expiry of the deadline set by the main contract for payment of the agreed purchase price.
The withdrawal of the Principal or a Third Party with whom the Principal has concluded a preliminary contract in relation to the real estate that is the subject of the brokerage, as well as the withdrawal of the Principal or a person with whom the Principal has concluded a contract in relation to the real estate that is the subject of the brokerage, from fulfilling the concluded contract shall not affect the Principal's obligation to pay the Broker the brokerage fee in the amount and in the manner determined by this Article and the concluded brokerage contract.
The Principal is also obliged to pay the Fee when he has concluded a legal transaction with a Third Party, to whom the Broker has indicated him and with whom the Broker has brought him into contact, which is different from the one for which he was brokered, and which achieves the same purpose as the brokered transaction or the subject of which the legal transaction is real estate that is the subject of mediation.
The Intermediary is deemed to have enabled the Principal to contact the Third Party if he/she:
- directly took or directed the Principal to view the property in question,
or
- organized a meeting between the Principal and the Third Party for the purpose of negotiating a legal transaction,
or
- informed the Principal of the name and surname, or the company, telephone number, fax number, e-mail address of the Third Party authorized to conclude a legal transaction or informed him/her of the exact location of the requested property, or otherwise enabled negotiations or the conclusion of a legal transaction between the Principal and the Third Party.
The connection does not necessarily have to include a physical viewing of the property, and the mere general advertising of the property without a specific connection between the Principal and the Third Party is not considered sufficient in itself to create the right to the Fee. The connection can be proven by the Broker's business records, e-mail communication, telephone calls/messages, sent offers and other business records.
After the termination of the Agreement, the Broker is entitled to a fee if the Principal concludes a legal transaction with the Third Party or a person related to it that is a consequence of the Broker's actions before the termination of the Brokerage Agreement.
If the Principal during negotiations or the conclusion of the brokered transaction 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 arose 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 a Compensation if the spouse, or common-law partner, descendant or parent of the Principal; or a company, institution or other legal entity that the Principal, his or her spouse, or common-law partner, descendant or parent is the founder or legal representative of, or with which he or she has an employment contract or service contract, concludes a mediated legal transaction with a person with whom the Broker brought the Principal into contact.
The Broker is also entitled to a Compensation in the event that the Principal disposes of the real estate that is the subject of the mediation in any way towards one of the persons specified in the previous paragraph and that person, after such disposal, concludes a mediated legal transaction or a transaction that achieves the same purpose as the mediated transaction with a Third Party or one of the persons from the previous paragraph thus connected to the Third Party or a person connected to it.
Price List
The valid Price List of the Broker's brokerage fees forms an integral part of these General Terms and Conditions, as its Annex 1, and the Brokerage Agreement and is applied in the version valid at the time of conclusion of the Brokerage Agreement, with the indicated date and year of application.
The amount of the brokerage fee, the minimum amount of the brokerage fee, the person or persons liable to pay the brokerage fee, the services included in the brokerage fee, the maximum total amount of the brokerage fee for brokerage for both parties, and the rules on additional services and special costs are determined by the valid Price List of the Broker.
The Price List must be presented to the Principal before concluding the Brokerage Agreement and signed by the Broker and the Principal, or a Third Party when it concludes a separate brokerage agreement with the Broker.
The Broker may not charge a brokerage fee from a Third Party who acquires the role of buyer, lessee, tenant or other acquirer in a legal transaction rights, if he has not concluded a separate brokerage agreement with that person.
Advertising and viewing real estate
The Broker may not advertise real estate without a previously concluded Brokerage Agreement with the owner of the real estate, or other authorized Principal.
If the Broker advertises real estate on the market based on a brokerage agreement with the Principal, the latter may not condition the viewing of that real estate by a third party on the prior signing of a brokerage agreement.
When viewing a real estate through the Broker, a viewing certificate is signed, by which the Broker or Agent proves to the Principal that he has shown the real estate to third parties.
Signing a real estate viewing certificate is not considered a brokerage agreement and may not contain provisions that oblige the third party to pay a brokerage fee.
Personal Data Protection
By concluding the Agency Agreement, the Principal confirms that the Agent has informed him that the Agent, as the controller of personal data, collects and processes the Principal's personal data for the purpose and needs of: (i) executing this Agreement, (ii) maintaining business relations with the Principal, and (iii) fulfilling its legal obligations. execution of the Agency Agreement and in order to maintain a good business relationship with the Principal.
The Agent is obliged to handle the Principal's personal data in accordance with the regulations governing the protection of personal data, in particular in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Act on the Implementation of the General Data Protection Regulation ("Official Gazette" No. 42/18).
The Principal, in his capacity as a data subject, may request from the Agent, in his capacity as a data controller, the exercise of all rights as a data subject in accordance with the applicable legal regulations governing the protection of personal data.
The Agent will handle the Principal's personal data in accordance with all applicable legal regulations, applying appropriate physical, technical and other security measures to protect personal data from unauthorized access, misuse, disclosure, loss or destruction.
By signing the Agreement, the Client confirms that he is familiar with the Information on the processing of personal data of Eurovilla d.o.o. clients, which is located on the Broker's website www. eurovilla.hr, and that in the aforementioned Information on the processing of personal data of clients, he can find all the details about the method, purposes, legal grounds for the processing of his personal data by the Broker, the rights he has in relation to the processing of personal data, the contact details of the data protection officer and other information provided to the respondent in accordance with the rules of the General Data Protection Regulation.
Termination of the brokerage agreement
A contract concluded for a fixed period of time shall terminate upon the expiry of the term for which it was concluded if the contract for which it was brokered has not been concluded within that period or upon cancellation by any of the contracting parties. The Broker and the Client agree that upon the expiry of the agreed term, the Contract shall be extended again for the same period of time, unless either party cancels the Contract in writing. If the notice period is not expressly specified in the Contract, the notice period shall be 8 days from the receipt of the notice.
The Parties may withdraw from the real estate brokerage contract before the expiry of the agreed term only for a particularly justified reason. In such a case, the Client shall be obliged to reimburse the Agency for the costs incurred.
If, within 12 months after the termination of the concluded Contract, the Client concludes a legal transaction that is a consequence of the Broker's actions before the termination of the Brokerage Contract, he shall be obliged to pay the Broker the Fee in full.
The provisions on the termination of the Brokerage Contract shall also apply to the termination of the Exclusive Brokerage Contract.
EXCLUSIVE MEDIATION
Article 5.
By the exclusive mediation agreement, the Principal undertakes not to engage any other mediator for the mediated transaction, and this obligation must be expressly agreed upon.
If, during the term of the exclusive mediation agreement, the Principal has concluded a legal transaction through another mediator other than the Mediator, for which the exclusive Mediator was given an order to mediate, he is obliged to pay the exclusive Mediator the agreed Fee as well as any additional actual costs incurred during the mediation for the aforementioned mediated transaction.
When concluding the exclusive mediation agreement, the Mediator is obliged to specifically warn the Principal of the meaning and legal consequences of the contractual clause from the previous paragraph.
An exclusive mediation agreement concluded for a fixed period of time shall terminate upon the expiry of the term for which it was concluded, or if the contract for which the mediation was concluded has not been concluded within that term, or upon the cancellation of any of the contractual terms. side.
FINANCIAL RULES AND PROHIBITION OF CASH TRANSACTIONS
Article 6
The agency does not accept cash payments for the purpose of reservation, deposit or any other form of advance.
All possible payments related to the purchase, sale, rental or reservation of real estate are made exclusively without cash, via bank transfer to the account of the seller, lessor or as stipulated in the contract between the contracting parties.
The agency can mediate in the preparation of appropriate documentation, but may not and will not accept money in the name or on behalf of the Client.
Employees and agents of the Agency may also not receive any cash payments from the Client, either on their own behalf or on behalf of the Agency, including advances, deposits, reservations or any other monetary amounts.
Consequences of violation of this provision:
- The agency does not assume responsibility for any cash payments made by the Client in contravention of this provision, either directly to the agent/any third party.
- Such payments are not considered valid or binding for the Agency and do not produce the effects of a reservation or conclusion of a deal.
- The Client is obliged to inform the Agency without delay if any person has offered or requested a cash payment in connection with a mediated deal.
- The Agency will, in the event of a violation by an employee or agent, take appropriate internal measures in accordance with regulations and internal acts.
FINAL PROVISIONS
Article 7.
For everything not expressly stipulated in these General Terms and Conditions, the Real Estate Brokerage Act and the Obligations Act shall apply. Any disputes shall be resolved by the competent court in Zagreb.
These General Terms and Conditions shall enter into force and shall be applied on 7 July 2026, thereby completely superseding all previous General Terms and Conditions of Eurovilla d.o.o., as well as all their amendments and supplements.
In Zagreb, on 07.07.2026.
Appendix 1
PRICE LIST https://eurovilla.hr/cjenik/