General Terms and Conditions
I
Meaning of terms contained in the General Terms and Conditions
Certain terms within the meaning of these General Terms and Conditions have the following meanings:
1. The real estate broker is Basilica nekretnine Agencija d.o.o. for real estate business, 10000 Zagreb, Mladena Fiolića 59, a company that meets the requirements for performing real estate brokerage services set out in the Real Estate Brokerage Act (hereinafter: Broker).
2. A real estate agent is a natural person who is registered in the Register of Real Estate Agents and as such employed by the Broker (hereinafter referred to as: Agent).
3. Real estate brokerage is the activities of a real estate broker that relate to connecting the principal and a third party, as well as negotiations and preparations for concluding legal transactions involving a specific real estate, especially when purchasing, selling, exchanging, renting, leasing, etc.
4. The Principal is a natural or legal person who enters into a written brokerage contract with the Real Estate Broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in the real estate transaction - hereinafter referred to as the Principal).
5. A third party is a legal or natural person that a real estate agent seeks to connect with the Principal for the purpose of negotiating legal transactions involving a specific real estate (hereinafter: Third Party).
II
Offer
The Broker's offer is based on information received in writing and/or orally from the owners of the properties offered for sale, purchase, exchange, lease or rental, as well as on information contained in the written or oral orders of the Principal.
The broker is not responsible in the event of an error in the description or price of the property, and is not responsible in the event of the property owner's withdrawal from the mediated legal transaction.
III
Real estate brokerage contract
By the Real Estate Brokerage Agreement (hereinafter: the Agreement), the Broker undertakes to endeavor to find and connect the Principal with a Third Party for the purpose of negotiating and concluding a legal transaction on the transfer or establishment of a certain right to real estate, and the Principal undertakes to pay the Broker a certain brokerage fee (hereinafter: the Fee) if that legal transaction is concluded.
The contract is concluded in writing and for a fixed period of time.
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 from the date of conclusion of the Contract and may be extended multiple times by agreement of the parties.
IV
Termination of the brokerage contract
A brokerage contract concluded for a fixed period of time shall terminate upon the expiration of the term for which it was concluded if the contract for which it was mediated has not been concluded within that period or upon termination by either of the contracting parties.
The Principal undertakes to reimburse the Broker for costs incurred for which it has been expressly agreed that the Principal shall pay them separately.
If, within a period not exceeding the duration of the concluded Agreement after the termination of that Agreement, the Principal concludes a legal transaction that is predominantly a consequence of the Broker's actions prior to the termination of the Brokerage Agreement, he is obliged to pay the Broker the brokerage fee in full, unless otherwise agreed in the Agreement.
V
Exclusive mediation
By contract, the Principal may undertake not to engage any other intermediary for the mediated legal transaction (exclusive mediation), which obligation must be expressly agreed upon.
If, during the term of the Exclusive Mediation Agreement, the Principal has concluded a legal transaction through another intermediary, bypassing the Mediator, for which the Exclusive Mediator was given an order to mediate, he is obliged to pay the Mediator the agreed Mediation Fee (Commission) and the actual costs incurred during the mediation (if the costs are explicitly agreed). If the amount of the Fee is not agreed, the Principal is obliged to reimburse the Mediator for the actual costs incurred during the mediation, which cannot exceed the Fee for the mediated transaction.
When concluding an exclusive brokerage contract, the Broker is obliged to specifically warn the Principal of the meaning and legal consequences of this clause.
An exclusive brokerage 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 mediated has not been concluded within that period, or upon termination by either of the contracting parties in accordance with the provisions of the concluded exclusive brokerage contract.
The Principal is obliged to reimburse the Broker for costs incurred for which it was otherwise expressly agreed that the Principal would pay them separately.
If, within a period not exceeding the duration of the concluded Exclusive Mediation Agreement after the termination of that Agreement, the Principal concludes a legal transaction that is predominantly a consequence of the Agent's actions prior to the termination of the Exclusive Mediation Agreement, he is obliged to pay the Agent the brokerage fee in full, unless otherwise agreed in the Agreement.
VI
Obligations of the Intermediary
When mediating for the conclusion of a purchase and sale contract, rental contract or lease contract for real estate, the intermediary is obliged to perform the following in particular:
1. Try to find and connect a legal or natural person with the Principal for the purpose of concluding a mediated transaction.
2. Inform the Principal with the average market price of a similar property.
3. Inspect the documents proving ownership or other real rights to the property in question and warn the Principal of:
- obvious shortcomings and possible risks related to the irregular land registry status of the property,
- registered real rights or other rights of third parties to the real estate,
- legal consequences of failure to fulfill obligations towards a third party,
- deficiencies in the building and use permit in accordance with a special law,
- circumstances and restrictions in the legal transaction of real estate in accordance with
special regulations.
4. Perform the necessary actions to present the property on the market, advertise the property appropriately, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which the Broker is entitled to special, pre-specified costs.
5. Enable real estate inspection.
6. Mediate in negotiations and strive to conclude a contract, if specifically committed to doing so.
7. To keep the personal data of the Principal, and upon the written order of the Principal, to keep as a business secret the data about the real estate for which it mediates or in connection with that real estate or with the business for which it mediates.
8. If the subject of the contract is land, check the purpose of the land in question in accordance with the spatial planning regulations relating to that land.
9. Inform the Principal of all circumstances important for the intended transaction that are known to him or must be known to him.
10. Inform the Principal with the provisions of the Act on the Prevention of Money Laundering and Financing of Terrorism (Official Gazette 87/08).
VII
Obligations of the Principal
By concluding the Brokerage Agreement with the Broker, the Principal assumes the following obligations:
1. Inform the Broker of all circumstances that are important for the performance of the brokerage and provide accurate information about the real estate, and if in possession, provide the Broker with the location, construction or use permit for the real estate that is the subject of the contract, and provide the Broker with evidence of fulfilling obligations towards a third party.
2. Provide the Agent with documents proving his ownership of the property,
or other real right on the real estate that is the subject of the contract, and to warn
intermediary on all registered and unregistered encumbrances that exist on the property.
3. Provide the Broker and a third party interested in concluding the mediated transaction with a tour of the property.
4. Inform the Broker of all relevant information about the requested property, which especially includes the property description and price.
5. Simultaneously with the conclusion of the preliminary contract or contract, pay the Fee to the Broker.
6. To reimburse the Mediator for costs incurred during the mediation that exceed the usual mediation costs.
7. Notify the Broker in writing of all changes related to the work for which the broker has been authorized, and especially of changes related to the ownership of the property.
The Principal is not obliged to enter into negotiations for the conclusion of a mediated transaction with a Third Party found by the intermediary, nor to conclude a legal transaction. The Principal will be liable for damages if he did not act in good faith, and is obliged to reimburse all costs incurred during the mediation, which costs cannot exceed the agreed fee.
The principal will be liable for damages if he acted fraudulently, if he withheld or provided incorrect information essential for the brokerage business in order to complete the brokered business.
VIII
Brokerage fee
The amount of the brokerage fee is determined by the brokerage contract and may not exceed 6% of the purchase price of the property, or, in the case of concluding a lease or rental agreement, the amount of the monthly rent or rental fee, except in the case of concluding a lease or rental agreement concluded for a period of 60 months (5 years) or longer, in which case the brokerage fee is at least 150% of the amount of the monthly rent or rental fee.
The agreed brokerage fee includes the performance of all actions of the Broker specified in point 6 of the General Terms and Conditions.
In the event of performing actions not covered by point 6 of the General Terms and Conditions based on the request of the Principal, the amount of the brokerage hourly fee is = 350.00 kuna (in words: three hundred and fifty kuna).
In the event of performing actions that are not covered by point 6 of the General Terms and Conditions based on the request of the Principal, the Principal is obliged to compensate the Agent for the actual costs of performing these actions, in addition to the fee for the brokerage fee spent.
Value added tax is calculated on all fee amounts.
The Broker acquires the right to the Fee in full simultaneously with the conclusion of the legal transaction for which he/she mediated, whereby the conclusion of the legal transaction is also considered to be the conclusion of a preliminary contract by which the Principal and the Third Party have committed to conclude the main contract for the sale, exchange, lease, rental or other contract regarding the real estate that is the subject of mediation.
The Principal is obliged to pay the Fee to the Broker, even when he has concluded a legal transaction with a Third Party indicated to him by the Broker, and with whom the Broker has brought him into contact, that is different from the one mediated, and which legal transaction achieves the same purpose as the mediated legal transaction or the subject of which legal transaction is the real estate that is the subject of the mediation.
The Intermediary is deemed to have enabled the Principal to contact a third party if:
-directly took or directed the Principal to view the property in question,
-organized a meeting between the Principal and the Third Party for the purpose of negotiating a legal transaction,
-Inform the Principal of the name, telephone number, fax number, and e-mail address of the Third Party authorized to conclude a legal transaction or inform him of the exact location of the requested property.
After termination of the Contract, the Agent is entitled to a Compensation within a period not exceeding the duration of the concluded Contract and in cases where the Principal concludes a legal transaction with a Third Party that is predominantly a consequence of the Agent's actions prior to the termination of the Contract.
If the Principal cancels during the conclusion of the mediated transaction (after the Broker has submitted an acceptable offer), he is obliged to pay the amount of the agreed Fee to the Broker.
The Principal undertakes to pay the Fee to the Broker even in the event that a contract for a mediated legal transaction is concluded with the Principal, i.e. the purchase price, rent or lease price is paid by any natural or legal person who is related, whether by marriage, extramarital or kinship, or by membership, or by management bodies or in any other way, to a third party, buyer, seller, lessor, lessee, lessor or lessee, whom the Broker brought into contact with the Principal for the purpose of concluding a purchase contract or for any other mediated transaction, regardless of whether that related person himself participated in the negotiations for concluding a purchase contract or any other mediated transaction.
IX
Final provisions
For anything not expressly stipulated in these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act, and other legal regulations will apply.
The General Terms and Conditions apply from April 10, 2009.
Zagreb, April 10, 2009
Basilica real estate, limited liability company for trade and real estate brokerage services, OIB: 25875979925, 10000 Zagreb, Mladena Fiolića 59
NOTICE
In accordance with Article 8 of the Consumer Protection Act (Official Gazette 96/03, Official Gazette 79/07, Official Gazette 125/07, Official Gazette 79/09, Official Gazette 89/09, Official Gazette 78/12), Basilica nekretnine, a limited liability company for trade and real estate brokerage services, OIB: 25875979925, 10000 Zagreb, Mladena Fiolića 59, provides users of brokerage services with the right to object.
Users of intermediary services can exercise their right to object in person at the company's headquarters or by registered mail with return receipt requested.
Their complaint will be responded to within 15 days at the latest.
Basilica Real Estate Ltd.
Dir. Ines Piskač
PRICE LIST OF INTERMEDIARY SERVICES(applicable from: 07.07.2026)
This price list is an integral part of the Real Estate Brokerage Agreement concluded between Basilica nekretnine d.o.o., Ulica Mladena Fiolića 59, 10000 Zagreb, OIB: 25875979925 (hereinafter referred to as: Broker) and the Principal.
All fees listed in this Price List are stated without value added tax (VAT) and are increased by VAT in accordance with applicable regulations.
The amount of the brokerage fee is determined by the Brokerage Agreement, in accordance with this Price List, General Terms and Conditions and the Real Estate Brokerage Act.
I. INTERMEDIARY FEES
Mediation in the sale of real estate, if the seller is the Principal of the Mediator:
Brokerage fee: up to 6% of the agreed purchase price.
Minimum brokerage fee: EUR 1,500.00.
Mediation in the purchase of real estate, if the buyer is the Principal of the Mediator:
Brokerage fee: up to 6% of the agreed purchase price.
Minimum brokerage fee: EUR 1,500.00.
Mediation in renting or leasing real estate
If the lessor or lessor is the Principal of the Broker:
for contracts shorter than 6 months – 50% of one month's rent or lease
for contracts from 6 to 36 months – 80% of one month's rent or lease
for contracts of 36 months or longer – 150% of one month's rent or lease
Mediation in renting or leasing real estate
If the lessee or lessee is the Principal of the Broker:
for contracts shorter than 6 months – 50% of one month's rent or lease
for contracts from 6 to 36 months – 80% of one month's rent or lease
for contracts of 36 months or longer – 150% of one month's rent or lease
II. SERVICES COVERED BY THE INTERMEDIARY FEE
The brokerage fee includes regular brokerage services that Basilica nekretnine d.o.o. provides during the contracted legal transaction:
- advising the Principal on market circumstances and current prices of similar properties on the market and proposing the market value of the property;
- insight into available documentation about the property and checking ownership status according to available data
- finding and connecting the Principal with a potential client for the purpose of concluding a legal transaction;
- advertising the property through appropriate marketing channels in the country and abroad,
- organizing and guiding clients on property viewings;
- communication with interested parties/potential contracting parties;
- participation in negotiations with the aim of achieving conditions acceptable to the Principal;
- timely informing the Principal of all circumstances important for concluding a legal transaction that are known to the Agent or must be known to him;
- cooperation with legal aid providers (from the preparation of the Preliminary Agreement, Purchase and Sale Agreement, Tabular Statement, registration of ownership rights, and Real Estate Lease/Lease Agreement);
- preparation of handover records for sale/rent/lease with contractual parties;
- transfer of all overhead costs to the new owner or new tenant/lessee;
- informing the Principal of the obligations arising from regulations on the prevention of money laundering and terrorist financing;
- maintaining confidentiality of data and protecting the Client's personal data in accordance with applicable regulations.
- acting with the care of a good professional in accordance with the rules of the profession.
III. MEDIATION FOR BOTH CLIENTS
Basilica nekretnine d.o.o. can mediate for both contracting parties only if a separate mediation contract has been concluded with each party.
The brokerage fee can be charged exclusively from the person with whom the brokerage contract was concluded.
Sale and exchange
The highest total amount of brokerage fees that Basilica nekretnine d.o.o. can charge from all principals for the same real estate is 6% of the agreed purchase price or the value of the legal transaction, increased by VAT.
If it is agreed that the compensation is paid by both contracting parties, their total amount cannot exceed the specified limit.
If the Broker has concluded a brokerage contract with two principals for the same real estate, but it is agreed that the brokerage fee is paid by only one contracting party, the Broker may charge that party a brokerage fee of up to half of the highest total amount of the brokerage fee determined by this Price List, i.e. a maximum of 6% of the agreed purchase price of the real estate, i.e. the value of the legal transaction, increased by VAT.
Rent and lease
The highest total amount of brokerage fees that Basilica nekretnine d.o.o. can charge from all principals for the same property is 300% of one monthly rent or lease, increased by VAT.
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 total amount of the brokerage fee determined by this Price List.
If the Broker has concluded a brokerage contract with two principals for the same real estate, but it is agreed that the brokerage fee is paid by only one contracting party, the Broker may charge that party a brokerage fee of up to half of the highest total amount of the brokerage fee determined by this Price List, or a maximum of 150% of one monthly rent or lease, increased by VAT.
IV. ADDITIONAL SERVICES
The brokerage fee refers to regular brokerage services.
All additional services not included in the Broker's regular activities are contracted separately.
At the request of the Client, Basilica nekretnine d.o.o. can organize or coordinate other professional services according to the Client's needs.
The costs of lawyers, notaries, court fees, taxes, geodetic services, architects, appraisers, banks, translators and other professionals are not included in the brokerage fee, unless otherwise agreed.
Basilica Real Estate, a limited liability company for trade and real estate brokerage services,
OIB: 25875979925, 10000 Zagreb, Mladena Fiolića 59.
The company is registered in the court register of the Commercial Court in Zagreb under number MBS: 80581442
The company's share capital amounts to €2,654.46 and is fully paid.
IBAN: HR5724840081103856413 RBA d.d.
Tel. 095/444-4442, 095/3000-111, 095/3000-999
web: http://www.basilica.hr/Email: basilica@basilica.hr
PERSONAL DATA PROTECTION
By sending an inquiry, signing a contract or making direct contact, the client agrees to voluntarily make his/her data and/or the data of the company he/she represents available to the Basilica nekretnine d.o.o Agency. The client allows the same to be used for the purpose of protecting personal interests in all transactions concluded with the Basilica nekretnine d.o.o Agency.
Basilica Real Estate Agency d.o.o is committed to protecting the personal data of its clients, by collecting only the necessary, basic data about clients, i.e. buyers/sellers and lessors/lessees that are necessary to fulfill our obligations; informing the aforementioned parties about the use of the collected data, and giving the same clients the opportunity to choose how their data is used. All client data is strictly kept and is only accessible to employees who need this data to perform their job. All employees and Basilica Real Estate Agency d.o.o are responsible for respecting the principles of privacy protection.
The collection and processing of personal data is determined by law;
The Law on Real Estate Brokerage,
The Law on the Prevention of Money Laundering and Financing of Terrorism
and the Personal Data Protection Act.
The client agrees that Basilica Real Estate Agency d.o.o., in accordance with the above conditions, uses personal data and/or company data for the duration of the business cooperation.
For all questions regarding the processing of clients' personal data, access to the same, requests for changes or additions, or in the event that the client wishes to revoke their consent to the processing of personal data for any reason, please submit your request in writing to the e-mail address: basilica@basilica.hr
