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Opatija Riviera | Istria | Kvarner | Dalmatia

GENERAL TERMS AND CONDITIONS

FOR REAL ESTATE BROKERAGE

Version 1.0

Effective Date: 01.02.2026

REMINGTON REALTY d.o.o.

Ulica Maršala Tita 81/1, 51410 Opatija

Personal Identification Number (OIB): 37143277687

Registered in the Register of Real Estate Brokers: 165/2019

Article 1. Application

(1) These General Terms and Conditions shall apply to all real estate brokerage agreements concluded by Remington Realty d.o.o. (hereinafter: the Broker) and shall form an integral part thereof. Matters not regulated by these General Terms and Conditions and the Brokerage Agreement shall be governed by the laws of the Republic of Croatia, in particular the Real Estate Brokerage Act and the Civil Obligations Act.

Article 2. Definitions and Introduction into Contact

(1) Terms used in these General Terms and Conditions shall have the meaning established by the Real Estate Brokerage Act.

(2) The Broker shall be deemed to have introduced the Principal (buyer) into contact with a third party (seller) at the moment when, during the term of the Agreement, the Principal is provided with information on the location or identity of the property by e-mail or by other written means, when a brochure, description, photographs or other materials enabling identification of the property are delivered, when the property is presented to the Principal through physical viewing or by means of remote communication, or when the Principal is brought into direct contact with a third party, thereby enabling the Principal access to information and data necessary to establish contact and conduct negotiations for the purpose of concluding a legal transaction in relation to that property, provided that the Principal subsequently concludes a legal transaction in relation to that property, whether with the third party or with a person related thereto. It shall not be deemed that an introduction into contact has occurred solely on the basis of the delivery of information on the location or identity of the property if the Principal proves, by credible written documentation, that prior to such delivery he/she had already been in direct written contact with the seller in relation to the same property or had previously possessed the identity and location of the property in a manner enabling direct contact for the purpose of concluding a legal transaction.

(3) Introduction into contact within the meaning of this Article may be proven by any written or electronic evidence from which it follows that the Principal became aware of the property through the mediation of the Broker, including the Broker’s business records, electronic communication and property viewing reports.

(4) The Broker shall have the right to register any third party (buyer) to whom the property has been presented in one of the manners referred to in paragraph 2 of this Article. Registration shall be delivered to the Principal by e-mail or SMS or WhatsApp message and shall be deemed accepted unless the Principal, within 48 hours, submits written proof that he/she had previously been in written contact with the same third party (buyer) in relation to the property concerned or that the third party had previously been validly and in writing registered by another broker on the basis of a signed property viewing report relating to the property concerned.

(5) In the event of the conclusion of a brokered transaction with a third party (buyer) registered by the Broker, the Principal shall be obliged to pay the agreed brokerage fee, regardless of whether the transaction was concluded through the Broker, independently or through another broker, and regardless of whether the legal transaction was concluded with the third party or with a person related thereto.

(6) If the Principal, without the participation of the Broker, independently or through a person related to the Principal, during the term of the Agreement or after its termination in the cases referred to in this Article, concludes a legal transaction with a third party introduced into contact by the Broker, the Broker shall be deemed to have duly performed its mandate and shall be entitled to payment of the agreed brokerage fee in full. Such conduct of the Principal shall constitute a breach of the obligation of loyal cooperation and of the prohibition of circumvention of the Broker, due to which the Principal shall be obliged to pay the Broker a contractual penalty in the amount of 50% of the agreed brokerage fee, the contracting parties agreeing that such penalty is proportionate to the expected damage of the Broker resulting from the breach of contract. Payment of the contractual penalty shall not exclude the Broker’s right to compensation for higher actual damage if proven.

(7) A related person shall include, in particular, a spouse or cohabiting partner, a relative in the direct line, a brother/sister, a company over which the Principal/third party has direct or indirect controlling influence or which has controlling influence over the Principal/third party, as well as any person or company acting in the name or for the account of the Principal/third party.

Article 3. Obligations of the Contracting Parties

(1) The Contracting Parties shall act in accordance with the Civil Obligations Act, the Real Estate Brokerage Act, the Act on the Prevention of Money Laundering and Terrorist Financing, and other regulations governing brokerage activities.

(2) The Broker shall act with the due care of a prudent businessman, safeguard business secrets and confidential data of the Principal, and inform the Principal in a timely manner of circumstances relevant to the decision to conclude the brokered transaction. The Broker shall be entitled, where necessary for the proper performance of the mandate, to engage sub-brokers or external experts at its own expense (unless otherwise agreed with the Principal). The Broker shall be authorised to temporarily suspend advertising, property viewings and further brokerage activities if the Principal fails to provide the prescribed AML/CFT data or documentation or is in default with due obligations.

(3) The Principal shall provide the Broker with truthful, complete and accurate information regarding the property, enable viewings and other actions necessary for brokerage, timely inform the Broker of all changes relating to the property, and cooperate for the purpose of concluding the brokered transaction.

(4) The Principal undertakes not to contact third parties introduced by the Broker without the Broker’s prior written approval, nor to undertake actions aimed at circumventing the Broker or avoiding payment of the brokerage fee. The Principal shall also provide the Broker with all data and documentation necessary for the fulfilment of the Broker’s obligations under the regulations on the prevention of money laundering and terrorist financing.

(5) The Principal shall, without delay and no later than three (3) days from the conclusion of the legal transaction, notify the Broker thereof and provide basic information on the concluded transaction, including the agreed price, date of conclusion and contracting parties, as well as all documentation required for the fulfilment of the Broker’s obligations under the Act on the Prevention of Money Laundering and Terrorist Financing. Failure to comply with this obligation shall be deemed a breach of the obligation of loyal cooperation.

(6) The Principal acknowledges and agrees that, in accordance with the Real Estate Brokerage Act, the Broker may simultaneously act for the other contracting party in the same transaction and collect brokerage fees from both parties, provided this has been expressly agreed with the other party. In such case, the Broker shall act impartially, conscientiously and in accordance with the principle of equal treatment of both contracting parties, and shall not disclose confidential information of one party to the other without explicit consent.

(7) The Principal shall be liable to the Broker for any damage incurred as a result of a breach of the obligations set forth in this Article.

Article 4. Brokerage Fee and Due Date

(1) The brokerage fee shall amount to 3% (three percent) of the total value of the brokered legal transaction, increased by statutory VAT, unless otherwise agreed in the Brokerage Agreement.

• (i) The basis for calculation shall be the entire actual and economic value obtained or assumed by the Principal or a person related thereto as a result of the conclusion of the brokered legal transaction in relation to the property concerned, irrespective of its designation, legal form, number of concluded agreements or method of payment.
• (ii) The basis shall in particular include the purchase price, earnest money (deposit), advance payment, set-off, compensation, remuneration for movables, furniture, equipment, appurtenances or other rights if agreed in connection with the transfer of ownership or disposal of the property, as well as all subsequent amendments and addenda to the agreement affecting the total value of the transaction.
• (iii) If the legal transaction is structured through several mutually connected agreements or payments, their aggregate value shall constitute the calculation basis.

(2) The brokerage fee shall include the acts of introducing the Principal into contact with a third party for the purpose of negotiating and concluding a legal transaction and the undertaking of customary brokerage activities in accordance with the Real Estate Brokerage Act. Additional services shall be performed only if expressly agreed.

(3) If the agreement states an amount lower than the actually agreed or paid value, or if part of the price is concealed, simulated or paid outside the agreement, the brokerage fee shall be calculated on the actual total value of the transaction. The Broker shall be entitled to prove the actual value of the brokered legal transaction by any permitted means of evidence.

(4) The brokerage fee shall become due on the date of conclusion of the legal transaction. The conclusion of a legal transaction shall be deemed to occur upon payment of the earnest money, guarantee deposit or first part of the purchase price together with the conclusion of a preliminary agreement or the main sale and purchase/lease agreement.

(i) Once the legal transaction has been concluded, subsequent termination, rescission, annulment or non-performance of the agreement shall not affect the Broker’s right to the brokerage fee, except where this occurs exclusively for reasons attributable to the Broker.

(ii) The inability of the Principal or a third party to fulfil their obligations (including loan refusal, withdrawal, termination or dispute between the parties) shall not affect the Broker’s right to the brokerage fee.

(5) The Principal undertakes to pay the brokerage fee within three (3) days from the date on which it becomes due to the Broker’s business account specified in the Brokerage Agreement and on the issued invoice. The account details (IBAN, bank name) shall be communicated to the Principal within the Brokerage Agreement and on the invoice. Any change to payment details shall be valid only if delivered in writing and confirmed by telephone call to the Broker’s number specified in the Agreement. The Broker shall not be liable for payments made in accordance with instructions received by e-mail or other electronic channels if such changes have not been confirmed in the manner described above.

(6) The Contracting Parties hereby agree that the registration of ownership rights of the buyer or a person related thereto in the land register for the property concerned shall constitute credible evidence that a legal transaction has been concluded within the meaning of these General Terms and Conditions.

• (i) The Broker’s right to the brokerage fee shall not depend on registration in the land register but shall arise in accordance with paragraph (4) of this Article. Registration in the land register shall represent an additional and independent proof of the completion of the transaction, particularly in situations where the Broker did not have access to the final agreement or payment of the purchase price.
• (ii) If the legal transaction has been concluded but registration in the land register has not yet been effected, the Broker shall be entitled to prove the conclusion of the brokered legal transaction by any permitted means of evidence.

(7) If exclusive brokerage has been agreed, the Principal undertakes that, during the term of the exclusive brokerage agreement, he/she shall not engage another broker for the same property, nor independently or through another broker conclude a legal transaction which is the subject of brokerage.

(8) In the event of breach of this obligation, the Broker shall be deemed to have duly performed its mandate and shall be entitled to payment of the agreed brokerage fee in full, as well as to a contractual penalty in the amount of 50% of the agreed brokerage fee, without prejudice to the right to compensation for higher actual damage if incurred.

(9) The Broker shall also be entitled to the brokerage fee if the brokered legal transaction is concluded after the termination of the Brokerage Agreement, provided that the introduction into contact occurred during the term of the Agreement and the legal transaction was concluded within the statutory period during which the Broker retains the right to remuneration.

Article 5. Special Situations

(1) A brokered transaction, within the meaning of these General Terms and Conditions, shall also include cases where the subject of the transaction is the transfer of business shares in a company which is the direct or indirect owner of the property, or the assignment of claims. Where the subject of brokerage is the transfer of business shares in a company owning the property, the Broker shall not conduct legal, financial or tax due diligence, unless expressly agreed by a separate mandate. The Broker shall not be liable for the accuracy or completeness of data relating to the assets, liabilities and operations of the company, nor for the legal, tax or financial consequences of such transfer. In such case, the basis for calculation of the brokerage fee shall be the total price of the business shares, including the price of any claims transferred to the acquirer or a related person.

(2) Where the subject of brokerage is a property under construction or a newly built property, the Broker shall obtain and review the basic documents relating to ownership and legal status of the property and, if apparent deficiencies are identified, shall notify the Principal thereof. The Broker shall not be liable for the completion of the project, legality of construction, issuance of the occupancy permit, construction deadlines, quality of execution, financial structure of the developer or fulfilment of the developer’s obligations towards third parties. Promotional materials, plans and visualisations are for informational purposes only and may differ from the final constructed condition.

(3) In the case of brokerage relating to joint investments (joint venture, development or similar models), the role of the Broker shall be limited exclusively to introducing the contracting parties (seller and buyer) into contact and coordinating between them, without assuming any responsibility for the business, financial or construction results of the project.

(4) If a foreign legal entity, offshore entity or international subject is involved in the transaction, the Broker shall not be liable for their legal capacity, authenticity of documentation or tax obligations arising from such arrangements.

Article 6. Liability and Limitations

(1) The Broker shall act with the due care of a prudent professional within the scope of brokerage activity and shall transmit information regarding the property in good faith, on the basis of information, documents and statements provided by the Principal, seller, buyer or third parties. The Broker does not guarantee the accuracy, completeness or timeliness of such information, nor the legal or material defects of the property, except where the Broker knew or ought to have known thereof.

(2) The Broker does not provide legal, tax, financial or technical advice in the sense of professional advisory services and assumes no responsibility for the legality, validity or completeness of documentation provided by other contracting parties or third parties. The Broker recommends the engagement of legal, tax and technical advisors prior to concluding the brokered legal transaction.

(3) To the extent permitted by applicable law, the Broker shall not be liable for indirect, consequential or non-material damage, including loss of profit, unless such damage was caused by intent or gross negligence of the Broker.

• (i) The total liability of the Broker for damages shall be limited to the amount of the agreed brokerage fee in the specific transaction or to the amount of coverage under the Broker’s valid professional liability insurance policy, whichever is higher.
• (ii) Nothing in these General Terms and Conditions shall exclude or limit the Broker’s liability in cases where such exclusion or limitation cannot be validly agreed under applicable law.

(4) The Principal shall be liable to the Broker for any damage arising as a result of providing inaccurate, incomplete or misleading information, breach of these General Terms and Conditions, or failure to perform obligations assumed under the Brokerage Agreement.

Article 7. Promotion and Copyright

(1) The Principal grants the Broker a non-exclusive and royalty-free right to use all materials, data and content delivered to the Broker (including photographs, video recordings, floor plans, visualisations, drawings, texts and documentation) for the purpose of advertising, presenting and completing the brokered transaction, in print and digital media, including online portals, social media and promotional publications of the Broker and its partners.

• (i) Upon termination of the Agreement, the Broker shall retain the right to use such materials exclusively for archival purposes, evidence of performed activities, professional references and its own promotion, subject to compliance with personal data protection and confidentiality requirements.

(2) Copyright works created in the course of performance of the Agreement (including photographs, video recordings, descriptions, brochures, advertisements, graphics and other marketing content) shall be created by natural persons as authors, while the Broker shall acquire and hold the right to use and dispose of the economic copyright in such works in accordance with applicable regulations. Without the Broker’s prior written approval, the Principal shall not reproduce, distribute to third parties or use such materials for commercial purposes outside cooperation with the Broker.

(3) The Principal warrants that, by delivering materials to the Broker, he/she does not infringe the rights of third parties and that he/she is authorised to grant the Broker the right to use such materials within the scope provided for in these General Terms and Conditions. If a third party initiates proceedings due to infringement of copyright or other intellectual property rights, the Principal undertakes to indemnify the Broker for all damage and costs incurred on that basis.

(4) The Broker shall have the right, even after termination of the Agreement, to permanently retain and use the created materials and data relating to the completed transaction for archival purposes, portfolio presentation, professional references and its own promotional materials, provided that personal data of the Principal or other confidential information are not disclosed.

(5) The Broker shall advertise the property exclusively on the basis of a concluded written Brokerage Agreement.

Article 8. Costs and Additional Services

(1) The brokerage fee does not include costs of legal, notarial, tax, translation, technical or other professional services, nor fees and charges payable to public authorities, unless expressly agreed otherwise.

(2) Upon request of the Principal, the Broker may organise additional services related to the brokered transaction (e.g. legal advisory services, valuation, photographic and marketing services, technical inspections, translation, etc.), for which a separate advance payment of costs may be agreed.

(3) The Broker shall not be obliged to advance any costs on behalf of the Principal unless expressly agreed in writing.

Article 9. Term and Termination of the Agreement

(1) The Brokerage Agreement shall be concluded for a fixed term in accordance with the Real Estate Brokerage Act. If the term is not expressly specified in the Agreement, the statutory term shall apply.

(2) The Agreement shall terminate upon expiry of the term for which it was concluded, by mutual agreement of the parties, or by termination in cases provided by law or by the Agreement.

(3) The Broker shall have the right to unilaterally terminate the Agreement prior to the expiry of its term if the Principal:

• – fails to comply with the obligation to provide data and documentation required for the fulfilment of statutory obligations (in particular AML obligations),
• – provides inaccurate or incomplete information relevant to the brokerage,
• – prevents the performance of brokerage activities,
• – is in default with due obligations towards the Broker.

(4) Termination of the Agreement shall not affect the Broker’s right to the brokerage fee in cases prescribed by law, in particular if, during the term of the Agreement, the Broker introduced the Principal into contact with a third party with whom the transaction was subsequently concluded.

Article 10. Communication and Final Provisions

(1) All communication between the Broker and the Principal shall be conducted in written form, including electronic mail, registered mail, SMS messages and other forms of electronic communication that allow proof of the content sent and the identity of the sender.

(2) Delivery by electronic mail shall be deemed duly effected on the date of dispatch to the last e-mail address communicated by one party to the other, provided that the sender has not received a notification of non-delivery. A message shall be deemed duly received even if the recipient has not read or confirmed receipt thereof, unless the recipient, without delay, proves that the message objectively could not have been received due to a technical malfunction not attributable to the recipient.

(3) If the Broker delivers a notice, correspondence or invoice by e-mail, such document shall be deemed validly delivered on the date of dispatch in accordance with paragraph (2), and the recipient may not successfully invoke their own unavailability, neglect of electronic mail or internal technical settings (e.g. spam filters).

(4) Delivery by registered mail with return receipt shall be deemed duly effected on the date when delivery was attempted at the recipient’s address. If the recipient refuses acceptance or fails to collect the shipment within the storage period of the postal operator, delivery shall be deemed duly effected on the date of expiry of the storage period or on the date of recorded refusal of acceptance.

(5) Electronic copies of documents (e-mail, scan, photograph, electronic signature) shall have the evidentiary value of originals and shall be deemed validly executed documents, unless the law expressly requires a specific form.

(6) The parties shall notify each other without delay of any change of address, e-mail address or other contact details. Until such change is notified in writing, communication sent to the last known contact details shall be deemed valid.

(7) In the event of a dispute, a printout of electronic communication from the Broker’s business system shall be deemed credible evidence of delivery and content of communication, unless the other party proves otherwise.

Article 11. Processing of Personal Data

(1) The Broker shall process personal data of the Principal and third parties (in particular potential buyers or sellers) for the purpose of performance of the Brokerage Agreement, carrying out introduction into contact activities, fulfilment of statutory obligations (including anti-money laundering regulations) and protection of its legal interests.

(2) The legal basis for processing personal data shall be performance of a contract, taking steps at the request of the data subject prior to entering into a contract, fulfilment of legal obligations and the legitimate interest of the Broker in protecting its right to the brokerage fee and preventing misuse.

(3) Personal data may be disclosed to the other contracting party or related persons exclusively for the purpose of completion of the brokered transaction.

(4) The Broker shall retain personal data for as long as necessary for performance of the contract and protection of its rights, including the period during which it may exercise its right to the brokerage fee in accordance with the law.

(5) Detailed information on the processing of personal data is available in the Broker’s Privacy Policy.

Article 12. Final Provisions

(1) These General Terms and Conditions and all brokerage agreements concluded by the Broker shall be governed by the laws of the Republic of Croatia, irrespective of the country of residence or registered seat of the Principal.

(2) The Contracting Parties agree to attempt to resolve all disputes amicably. If this is not possible, all disputes arising out of the brokerage agreement shall fall within the jurisdiction of the court having subject-matter jurisdiction in the Republic of Croatia according to the registered seat of the Broker.

(3) The invalidity of any individual provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.

(4) In the event of any discrepancy, inconsistency or differing interpretation between the Croatian version of these General Terms and Conditions and translations into other languages, the Croatian version shall prevail.

(5) These General Terms and Conditions shall be published at the Broker’s business premises and on the Broker’s website and shall apply to all brokerage agreements concluded after the date of their publication. Any amendment shall be published with a new effective date.

(6) Personal data processing shall be carried out in accordance with the Broker’s Privacy Policy published on its website.

(7) The Principal may submit a written complaint to the registered seat of the Broker or by e-mail to office@remingtonchristiesre.hr. The Broker shall respond to the complaint within 15 days of receipt.