General Terms and Conditions
Terms of business of Estera ulaganja d.o.o., operating under the trade name ESTERA NEKRETNINE, related to real estate transactions and associated services. We offer our clients the following services:
- brokerage services for real estate purchase
- brokerage services for real estate sale
- brokerage services for lease/rent or exchange of real estate
- professional photography services
- 3D virtual tour recording services
- real estate market value assessment
- energy certificate issuance
- buyer screening
- additional advertising on domestic and international portals
- legal consultation in cooperation with our law offices
- legalization and project planning options in cooperation with our partners
- property title and legal status checks
- brokerage in consumer credit
All services are provided conscientiously in accordance with the legal regulations effective since October 23, 2007, and based on Article 21 of the Consumer Credit Act, and Article 29, Paragraph 4 of the Housing Consumer Credit Act (details at http://www.estera-ulaganja.hr/o-nama/estera-krediti.aspx)
What you need to sell your property:
For a house:
- Valid title deed (land registry excerpt)
- Cadastral extract
- Copy of building permit
- Copy of occupancy permit (if built from 1991 onwards)
- Certificate of property date (for buildings before 15.02.1968, issued by municipal construction office)
- As-built certificate with finality stamp, Energy certificate
For an apartment:
- Valid title deed/ownership document (extract from registry of deposited contracts)
- Copy of building and occupancy permits, as-built certificate, Energy certificate
- For land:
- Valid title deed (land registry excerpt)
- Copy of cadastral plan extract
- Construction conditions (for undeveloped land, issued by municipal construction office)
- Location information
GENERAL TERMS AND CONDITIONS AND OBLIGATIONS:
According to the Real Estate Brokerage Act (“Official Gazette” No. 107/07)
Class: 133-02/10-02/187, Ref. No: 311-14-10-04, Zagreb, December 3, 2010
Estera ulaganja d.o.o. issues:
GENERAL TERMS OF BUSINESS
These General Terms establish the business relationship and conduct rules between Estera ulaganja d.o.o. as the Broker and a natural or legal person as the Client.
The real estate broker is a legal entity, sole trader, or craftsman registered to perform real estate brokerage with headquarters in the Republic of Croatia or an EEA contracting state.
The Client is a natural or legal person who enters into a written brokerage agreement (seller, buyer, lessee, lessor, etc.) with the broker.
A Third party is someone the broker connects with the Client to negotiate legal transactions involving a specific property.
The brokerage agreement is in written form for a fixed period, and may be standard (open) or exclusive.
Open Brokerage: The Client may sign contracts with multiple agencies.
This is not an exclusive relationship, but the Client must respect all contract provisions, especially cooperation terms.
Exclusive Brokerage: The Client agrees not to engage other brokers. If the Client completes the deal alone or via another broker, full commission is due to the exclusive Broker.
The exclusive Broker coordinates the entire transaction process.
Co-brokerage:
(1) Broker may transfer the agreement to other brokers if agreed with the Client.
(2) The Client remains contracted only with the original Broker, who must provide a list of involved brokers.
Offer:
The broker’s offer contains information received in writing or verbally.
The broker is not liable for errors in description or price due to inaccurate client data or unnotified changes. Offers and information are confidential and may only be shared with written Broker approval.
If the Client is already aware of the property, they must notify the Broker immediately.
Broker’s Obligations:
- seek and connect with a party for the transaction,
- inform the Client of the average market price,
- verify ownership documents and alert on potential issues,
- advertise and present the property,
- enable property viewing,
- mediate negotiations (if agreed),
- keep personal data confidential,
- check land use for plots,
- inform the Client of all relevant circumstances.
The Broker is deemed to have facilitated the connection if they: directly presented the property, organized a meeting, or provided contact/location details.
Client’s Obligations:
- inform the Broker of all relevant circumstances and provide accurate property data,
- show proof of ownership or other rights, including encumbrances,
- allow property viewing,
- inform Broker of essential property info including price,
- pay commission upon signing the contract or preliminary agreement (if agreed),
- reimburse excess brokerage expenses (if agreed),
- notify the Broker in writing about all changes relevant to the property or transaction.
The Client is not required to negotiate or conclude a deal with a third party introduced by the Broker unless agreed otherwise. However, if they act in bad faith or provide false information, they must cover incurred expenses up to the commission amount.
Right to Commission
The Broker is entitled to commission upon signing the purchase agreement or receiving deposit/payment. If the Client withdraws, they must reimburse time and advertising costs per fee schedule.
The Client must also pay commission if a legal transaction of equivalent value or purpose is concluded with someone found by the Broker, even if the contract differs in form.
The commission applies even if a spouse, partner, child, or parent concludes the transaction.
Extra services may be charged at actual cost if specifically agreed.
The Broker has the right to a fee even if it is not explicitly agreed in the contract.
Commission
The commission amount is specified in the contract and calculated as a percentage of the final sale price.
SALE
Commission for sale is charged from the seller as follows:
2–3%, unless the sale price is under €35,000, then a fixed €1,000 fee applies.
1–3% for property document verification and preparation when the Broker is not the direct intermediary...