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Terms of business

PREFERENCA d.o.o., Dalmatinska ulica 21, 53291 Novalja PIN (OIB): 18632392977 | Company Reg. No. (MB): 05902444 Registration Number in the Register of Real Estate Brokers: 116/2024 E‑mail: [email protected] | Tel: +385 (0)95 805 4460 Web: realestate-novalja.com

In Novalja, on July 7, 2026

GENERAL TERMS AND CONDITIONS OF BUSINESS

I. GENERAL PROVISIONS

Article 1

These General Terms and Conditions of Business regulate the business relationship between the company PREFERENCA d.o.o. for trade, services, and travel agency activities, Dalmatinska ulica 21, 53291 Novalja, PIN (OIB): 18632392977, Company Registration Number (MB): 05902444, holding the Decision of the Ministry responsible for economy on compliance with the requirements for performing real estate brokerage activities, Class: UP/I-330-01/24-01/349, Urbroj: 517-08-01-01-01-24-2 dated August 2, 2024, registered in the Register of Real Estate Brokers at the Croatian Chamber of Economy under registration number 116/2024 (hereinafter: the Broker), and a natural or legal person (hereinafter: the Principal) who enters into a written Brokerage Agreement with the Broker.

Article 2
The definitions of terms within the meaning of these General Terms and Conditions are as follows:

  • Real Estate Broker is PREFERENCA d.o.o., a company that meets the statutory requirements for conducting real estate brokerage activities.
  • Real Estate Brokerage Agent is a natural person who has passed the professional examination, is registered in the Directory of Real Estate Brokerage Agents at the Croatian Chamber of Economy, and is employed full-time by the Broker on the basis of an employment contract (hereinafter: the Agent).
  • Real Estate Brokerage refers to the actions of the Broker concerning the introduction of the Principal and a third party, verifying the condition of the real estate, preparatory actions, as well as negotiations and preparations for concluding legal transactions the subject of which is a specific real estate, particularly in the purchase, sale, exchange, lease, rental, etc.
  • Principal is a natural or legal person (seller, buyer, lessee, lessor, landlord, tenant) who enters into a written brokerage agreement with the Broker.
  • Third Party is a person whom the Broker intends to connect with the Principal for the purpose of negotiating the conclusion of legal transactions related to a specific real estate, and who does not have a signed brokerage agreement with the Broker (hereinafter: the Third Party).
  • Brokerage Fee is the amount that the Principal is obliged to pay to the Broker for brokerage services, in accordance with the agreement and the valid price list (hereinafter: the Fee).

II. REAL ESTATE OFFER AND BUSINESS SECRECY

Article 3

The Broker's offer is based on data received in writing and/or orally from the owners of the properties offered for sale, lease, or rent, as well as on data contained in the written and/or oral orders of the Principal. The recipient (the Principal) must keep offers, notifications, and personal data of the Broker as a business secret and may transfer them to third parties only with the written approval of the Broker.

The Broker reserves the possibility of errors in the description and price of the property, the possibility that the advertised property has already been sold (or rented), or that the owner has withdrawn from the sale (or rental). Advertising real estate on the market is not permitted without a previously concluded brokerage agreement with the property owner.

III. BROKERAGE AGREEMENT

Article 4

By the Brokerage Agreement, the Broker undertakes to endeavor to find and bring into contact with the Principal a third party for the purpose of negotiating and concluding a specific legal transaction on the transfer or establishment of a specific right on the real estate, and the Principal undertakes to pay the brokerage fee if that legal transaction is concluded.

The agreement is concluded in writing and for a specified period of time. It is not permitted to perform brokerage activities without a concluded agreement. If the contracting parties do not specify the duration in the Agreement itself, the agreement shall be deemed to be concluded for a fixed term of 12 months and may be extended multiple times by agreement of the parties.

An integral part of every brokerage agreement is the Broker's valid price list at the time of concluding the agreement, indicating the date and year, which is jointly signed by the Broker and the Principal.

Article 5
Obligations of the Broker

The Broker undertakes to perform the following actions, which are covered by the basic Fee:

  1. Endeavor to find and bring into contact with the Principal a person for the purpose of concluding the brokered transaction.
  2. Inform the Principal of the average market price of similar real estate.
  3. Obtain and inspect the documents proving ownership or other property rights on the subject real estate and warn the Principal of obvious defects and encumbrances.
  4. Perform the necessary actions for presenting and marketing the property on the market and advertise the property in an appropriate manner.
  5. Allow or deny viewings of real estate, in accordance with the interests of the Principal and the professional judgment of the Broker, acting with the care of a diligent professional.
  6. Protect the personal data of the Principal in accordance with the regulations, and upon written order, keep data about the property or related to it as a business secret.
  7. If the subject of brokerage is land, verify its designation in accordance with spatial planning regulations.
  8. Inform the Principal of all circumstances important for the intended transaction that are known or must be known to the Broker.
  9. Familiarize the Principal with the provisions of the Anti-Money Laundering and Terrorist Financing Act and maintain brokerage records in accordance with legal provisions.

Article 6
Obligations of the Principal

By signing the Brokerage Agreement, the Principal undertakes to perform the following:

  1. Inform the Broker of all circumstances important for the provision of brokerage services, present accurate and essential data about the property (including description and requested price), and provide for inspection the location, construction, or use permit, or location information if they possess them.
  2. Provide the Broker with documents proving their ownership or other property rights on the real estate for inspection and warn them of all registered or unregistered encumbrances.
  3. Ensure that the Broker and the Third Party interested in concluding the brokered transaction can view the property.
  4. Upon conclusion of the brokered transaction, or the pre-contract (if so agreed), pay the brokerage fee to the Broker.
  5. If explicitly and separately agreed, reimburse the Broker for expenses that exceed standard brokerage costs, in the amount of actual expenses.
  6. Notify the Broker in writing of all changes related to the transaction, and particularly of changes related to the ownership and price of the property.

Article 7
Liability for Damage and Withdrawal

The Principal is not obliged to enter into negotiations or conclude a legal transaction with the Third Party found by the Broker, and a provision of the agreement stipulating otherwise shall be null and void. If the Principal does not act in good faith (e.g., acts fraudulently, conceals or gives incorrect data essential for the brokerage, intentionally avoids concluding the transaction with the introduced person), they shall be liable to the Broker for damages and are obliged to reimburse all expenses incurred during the brokerage, which cannot be less than 1/3 nor greater than the agreed Fee for the brokered transaction.

IV. PROPERTY VIEWING BY A THIRD PARTY

Article 8

In accordance with legal provisions, the Broker must not condition the viewing of an advertised property to a Third Party upon the prior signing of a brokerage agreement.

When viewing the property, the Third Party signs exclusively a Property Viewing Confirmation, by which the Broker or Agent proves to the Principal that the property was shown to specific persons. Signing the property viewing confirmation is not considered a brokerage agreement and it must not contain provisions binding the Third Party (buyer/tenant) to the payment of a brokerage fee.

V. BROKERAGE FEE

Article 9 Acquisition of the Right to the Fee

The amount of the brokerage fee is determined by the brokerage agreement, in accordance with the Broker's valid price list. The stated prices are final; the Broker is not registered in the VAT system pursuant to the provisions of Article 90, Paragraph 2 of the Value Added Tax Act. The Broker acquires the right to the brokerage fee only after the conclusion of the agreement for which they brokered, unless it is explicitly stipulated in the brokerage agreement that this right arises upon the conclusion of the pre-contract.

The Broker must not demand partial or full payment of the brokerage fee in advance or prior to the conclusion of the agreement for which they brokered (or the pre-contract, if so agreed).

The Broker may agree on the right to reimbursement of expenses necessary for the execution of the order that exceed standard brokerage services and request an advance exclusively for those actual and pre-specified costs of additional services.

Article 10

Prohibition of Collection from a Third Party

The Broker must not collect a brokerage fee from a Third Party who acquires the role of a buyer, tenant, or other in the legal transaction, and who has not concluded a written brokerage agreement with the Broker.

The Broker shall be deemed to have connected the Principal with the other party if enabling them to enter into contact, particularly if the Broker directly took the parties to view the property, organized a meeting, or forwarded contact information and the exact location of the property.

Article 11

Brokerage for Both Parties (Dual Brokerage)

The Broker may, in connection with brokerage for the same real estate, collect a brokerage fee from the Principal (seller/landlord) and from the Third Party who subsequently becomes a principal (buyer/tenant), but exclusively under the condition of having a separate written brokerage agreement concluded with each party.

If the Broker has an agreement concluded with two principals (the seller and the buyer) for the same real estate, and it is agreed that the fee is to be paid by both parties, the total amount of the fee collected from both principals must not exceed the highest fee amount determined by the valid price list.

If the Broker has an agreement concluded with two principals for the same real estate, and it is agreed that the fee is to be paid by only one contracting party, the Broker may collect the fee from that contracting party up to a maximum of half the amount of the brokerage fee determined by the valid price list.

The Broker is obliged, before concluding a brokerage agreement, to inform the contracting parties in writing of the amount of individual brokerage fees and their total amount.

Article 12

Fee After Termination of the Agreement and Connected Persons

If, after the termination of the brokerage agreement, the Principal concludes a legal transaction that is a direct consequence of the broker's actions prior to the termination of the agreement, they are obliged to pay the fee to the Broker in full, unless otherwise agreed.

The Principal is also obliged to pay the fee in the event that the legal transaction with the person with whom the Broker brought them into contact is concluded by the spouse or common-law partner of the Principal, a descendant, a parent, or a legal entity/company in which the Principal or the aforementioned relative is a founder, member, or legal representative.

The withdrawal of the contracting parties after the conclusion of the pre-contract or contract does not affect the Broker's acquired right to collect the agreed fee. The Broker is not entitled to a fee if they personally conclude the agreement that was the subject of brokerage with the Principal, or if such an agreement is concluded by their Agent who led the procedure.

VI. EXCLUSIVE BROKERAGE

Article 13

By an Exclusive Brokerage Agreement, the Principal may undertake not to engage any other broker for the brokered transaction, and this obligation must be explicitly agreed upon. If, during the validity of such an agreement, the Principal concludes a legal transaction through another broker, they are obliged to pay the agreed brokerage fee to the exclusive Broker and reimburse any additional actual costs incurred during the brokerage.

When concluding an exclusive brokerage agreement, the Broker is obliged to specifically warn the Principal about the legal effects and consequences of such a clause. An agreement concluded for a fixed term terminates upon expiration of the period, conclusion of the transaction, or cancellation by either party in accordance with the law.

VII. FINAL PROVISIONS

Article 14

The Broker operates at its headquarters in a space suitable for office operations, which is entirely separated from spaces of other purposes, with a secured separate area for confidential conversations.

To all relations not explicitly regulated by these General Terms and Conditions of Business, the provisions of the valid Real Estate Brokerage Act, the Obligations Act, and the general acts of the Croatian Chamber of Economy shall directly apply.

The Broker is obliged to keep these General Terms and Conditions of Business, with the price list attached, displayed in a visible and accessible place in its business premises and to fully adhere to them.

The contracting parties shall endeavor to resolve any disputes amicably, and in the case of inability to reach an agreement, the competence of the court having subject-matter jurisdiction according to the seat of the Broker is agreed upon (Municipal Court in Zadar, Permanent Service in Pag).