GENERAL TERMS AND CONDITIONS
ETERNIUM Ltd. for Real Estate Brokerage
Ružići 25/i, 51213 Jurdani
PIN (OIB): 90521324581
GENERAL PROVISIONS
These General Terms and Conditions of Business of the real estate brokerage agency (hereinafter: the General Terms) govern the business relationship between the real estate brokerage agency Eternium Ltd. (hereinafter: the Broker) and a natural or legal person (hereinafter: the Client) who enters into a written brokerage agreement with the Broker (hereinafter: the Agreement).
These General Terms shall enter into force on the day of their publication on the Broker's website or by any other appropriate means and shall apply to all Clients who conclude an Agreement with the Broker after that date.
For Agreements concluded prior to the publication of these General Terms, they shall apply upon the expiry of 30 days from the date of publication, provided that the Client does not notify the Broker in writing within that period that they are terminating the Agreement.
By entering into the Brokerage Agreement, the Client confirms that they agree with the provisions of these General Terms and accepts them in their entirety.
Any amendments or additions that are contrary to these General Terms shall be valid only if accepted by the Broker in writing.
I. DEFINITIONS OF TERMS USED IN THESE GENERAL TERMS
The following terms used in these General Terms shall have the following meanings:
REAL ESTATE BROKER – Eternium Ltd. for Real Estate Brokerage, Ružići 25/i, 51213 Jurdani, PIN (OIB): 90521324581, a company meeting the requirements for carrying out real estate brokerage activities prescribed by the Real Estate Brokerage Act (hereinafter: the Broker).
LICENSED REAL ESTATE AGENT – a natural person entered into the Register of Licensed Real Estate Agents and employed by the Broker (hereinafter: the Agent).
REAL ESTATE BROKERAGE – the activities of the Broker relating to connecting the Client and a Third Party, conducting negotiations, and preparing the conclusion of legal transactions involving a specific property, particularly in connection with purchase, sale, exchange, lease, rental, and other transactions.
CLIENT – a natural or legal person who concludes a written brokerage agreement with the Broker (seller, buyer, lessor, lessee, landlord, tenant, and all other possible participants in real estate transactions) (hereinafter: the Client).
THIRD PARTY – a person whom the Broker seeks to connect with the Client for the purpose of negotiating legal transactions involving a specific property (hereinafter: the Third Party).
REAL ESTATE – land parcels together with everything permanently attached to the land above or below its surface, in accordance with the provisions of the applicable law governing ownership and other real rights.
II. PROPERTY LISTINGS
The Broker's property listings are based on information received in writing and/or verbally from property owners offering their properties for sale, lease, or rent, as well as on information contained in written and/or verbal instructions received from the Client.
The Client acknowledges that the Broker disclaims liability for unintentional but possible errors in the description or price of a property arising from inaccurate information provided, changes in conditions by the seller, or the possibility that the owner has withdrawn the property from sale or that the advertised property has already been sold or rented without the Broker having been informed in due time. The Client acknowledges and accepts that, in such cases, the Broker shall bear no liability whatsoever.
The Client shall keep all offers and information confidential and treat them as business secrets, and may disclose them to a Third Party only with the Broker's prior written consent.
If the recipient of the Broker's offer is already familiar with the properties offered, they shall immediately notify the Broker thereof in writing.
III. PROPERTY VIEWINGS
Property viewings, as well as detailed information about properties not published in the Broker's advertisements, shall be available exclusively upon signing a Property Viewing Record or a Real Estate Brokerage Agreement, all for the purpose of protecting property owners from visits by unregistered persons and in accordance with the General Data Protection Regulation (GDPR) and the Real Estate Brokerage Act.
IV. REAL ESTATE BROKERAGE AGREEMENT
The Real Estate Brokerage Agreement (hereinafter: the Agreement) is a document by which the Broker undertakes to seek and introduce to the Client a Third Party for the purpose of negotiating and concluding a specific legal transaction involving the transfer or establishment of a particular right in or related to real estate, while the Client undertakes to pay the Broker an agreed brokerage fee (hereinafter: the Fee) if such legal transaction is concluded.
The Agreement shall be concluded in writing for a fixed term and shall be deemed concluded when signed by both contracting parties. The Agreement concluded between the Broker and the Client shall, in particular, contain information about the Broker, the Client, the type and essential content of the transaction for which the Broker provides brokerage services, the amount of the Fee, and any additional costs incurred where, upon the Client's request, the Broker performs other services related to the transaction that is the subject of the brokerage.
The contractual relationship between the Client and the Broker shall be governed by the provisions of the general law of obligations.
If the contracting parties do not specify the term of the Agreement, it shall be deemed concluded for a fixed period of twelve (12) months from the date of execution, and upon its expiry it may be extended multiple times by mutual agreement of the parties.
V. EXCLUSIVE BROKERAGE
An Exclusive Brokerage Agreement is a document by which the Client may undertake not to engage any other broker for the brokerage transaction, provided that such obligation is expressly agreed.
The Agreement shall be concluded in writing for a fixed term and shall be deemed concluded when signed by both contracting parties.
If, during the term of the Exclusive Brokerage Agreement, the Client concludes the legal transaction through another broker, outside the involvement of the exclusive Broker, for the transaction entrusted to the exclusive Broker, the Client shall be obliged to pay the exclusive Broker the agreed Fee together with any actual additional costs incurred during the brokerage process for the relevant transaction.
If the contracting parties do not specify the duration of the Agreement, it shall be deemed concluded for a fixed period of twelve (12) months from the date of execution, and upon expiry may be extended multiple times by mutual agreement.
When concluding an Exclusive Brokerage Agreement, the Broker shall specifically inform the Client of the meaning and legal consequences of the exclusivity clause. The contractual relationship between the Client and the Broker shall be governed by the provisions of the general law of obligations.
If, during the validity of the Exclusive Brokerage Agreement, the Client concludes the legal transaction through another broker outside the involvement of the exclusive Broker for the transaction entrusted to the exclusive Broker, the Client shall be obliged to pay the agreed brokerage fee together with any actual additional costs incurred during the brokerage process.
VI. TERMINATION OF THE AGREEMENT
A Brokerage Agreement concluded for a fixed term shall terminate upon expiry of the agreed term if the transaction for which brokerage services were provided has not been concluded within that period, or by termination by either contracting party.
In the event of termination of the Agreement for the reason specified in the preceding paragraph, the Client shall reimburse the Broker for any expenses expressly agreed to be payable separately by the Client.
If, after the termination of the Agreement or the Exclusive Brokerage Agreement, the Client concludes a legal transaction that is the result of the Broker's activities performed before termination, the Client shall be obliged to pay the Broker the Fee in full, unless otherwise agreed in the Agreement.
VII. PROPERTY VIEWING RECORD
The Property Viewing Record (hereinafter: the Record) is a technical and administrative document prepared by the Broker. It serves exclusively as documentary evidence of the activities performed by the Broker for the Seller-Client and as confirmation that the Third Party (Buyer) has been introduced to the location and condition of the property through the brokerage agency (the Broker).
The Record shall be prepared in writing at the time of the property viewing. To be legally valid, it shall, in particular, contain the following information:
- information about the Broker and the Agent conducting the viewing;
- identification details of the party (or parties), i.e. the Third Party viewing the property;
- accurate details of the property that is the subject of the viewing;
- the date and exact start time of the property viewing;
- handwritten signatures of the party and the Broker's representative;
- a declaration regarding the signatory's status as a politically exposed person (PEP), in accordance with the Anti-Money Laundering and Terrorist Financing Act;
- consent and notice regarding the collection and processing of the signatory's personal data for marketing and administrative purposes in accordance with the General Data Protection Regulation (GDPR).
The Property Viewing Record has no expiration date and constitutes permanent documentary evidence that the Party was introduced to the Property and the Seller-Client through the Broker.
The preparation and signing of the Property Viewing Record does not create an active brokerage relationship or any financial obligation to pay a brokerage fee as defined in a separate Real Estate Brokerage Agreement. This Record serves solely as confirmation that the technical act of presenting the property has been performed.
If a Third Party signs the Property Viewing Record but does not conclude a Brokerage Agreement with the Broker, the Broker shall not be obliged to provide any additional information about the property or perform any brokerage services whatsoever.
VIII. OBLIGATIONS OF THE BROKER
Under the Agreement, the Broker undertakes, in particular, to perform the following:
- use its best efforts to find and introduce to the Client a person for the purpose of concluding the transaction for which brokerage services are provided;
- inform the Client of the average market price of comparable real estate;
- obtain and inspect documents proving ownership or another real right relating to the property concerned;
- undertake all necessary activities for presenting the property on the market;
- advertise the property in an appropriate manner;
- perform any additional services agreed under the Agreement that exceed the scope of ordinary property presentation, for which the Broker shall be entitled to separately agreed and previously disclosed costs;
- arrange and facilitate property viewings;
- participate in negotiations and make reasonable efforts to achieve the conclusion of a preliminary agreement and/or sale and purchase agreement;
- protect the Client's personal data and, upon the Client's written instructions, treat as confidential all information relating to the property or the transaction for which brokerage services are provided;
- where the subject of the Agreement is land, verify the designated use of the land in accordance with the applicable spatial planning regulations;
- inform the Client of all circumstances relevant to the intended transaction that are known or should reasonably be known to the Broker.
Following the conclusion of the sale and purchase agreement, the Broker additionally undertakes, on behalf of the Buyer-Client, to:
- arrange, in cooperation with a legal services provider, the registration of ownership in the Land Register;
- register the Client as the new customer with utility service providers.
IX. OBLIGATIONS OF THE CLIENT
Under the Agreement, the Client undertakes, in particular, to:
- inform the Broker of all circumstances relevant to the provision of brokerage services and provide accurate information regarding the property;
- where available, provide the Broker with the location permit, building permit, occupancy permit, condominium subdivision plan, and any other documents relevant to the property that is the subject of the Agreement;
- provide the Broker with evidence of the fulfilment of obligations towards third parties, where applicable;
- provide the Broker with documents proving ownership or another real right in respect of the property that is the subject of the Agreement;
- inform the Broker of all registered and unregistered encumbrances affecting the property;
- provide the Broker with the written consent of the spouse or cohabiting partner, with the signature notarized by a public notary, where required under the Family Act;
- provide the Broker with a valid Energy Performance Certificate or arrange for one to be obtained where required by law for the sale of the property;
- enable and ensure that the Broker and interested Third Parties may inspect and view the property;
- inform the Broker of all essential details concerning the property sought, including, in particular, a description of the property and the requested price;
- pay the Broker the agreed Fee upon execution of the preliminary agreement;
- reimburse the Broker for expenses incurred during the brokerage process that exceed the ordinary costs of brokerage;
- notify the Broker in writing of any changes relating to the transaction for which the Broker has been engaged, in particular any changes concerning ownership of the property.
The Client shall not be obliged to enter into negotiations with a Third Party identified by the Broker or to conclude the proposed legal transaction. However, the Client shall be liable to the Broker for damages if they fail to act in good faith and shall reimburse all costs incurred during the brokerage process, which may not be less than one-third (1/3) of the agreed Fee nor exceed twice the amount of the agreed Fee. The Client shall also be liable for damages where they have acted fraudulently or have concealed or provided inaccurate information material to the brokerage transaction with the intention of affecting the outcome of the transaction.
X. BROKERAGE FEE
1. The brokerage fee shall be determined in accordance with the Price List, which forms an integral part of these General Terms.
2. The amount of the brokerage fee shall be agreed in the Brokerage Agreement.
3. Where both the Seller and the Buyer have concluded a Brokerage Agreement with the Broker, the agreed brokerage fee shall, in addition to the services referred to in Section VII of these General Terms, also include:
- preparation of the preliminary agreement and the sale and purchase agreement;
- translation of the sale and purchase agreement into the language requested by the Client;
- notarial costs relating to the certification of signatures on the sale and purchase agreement, excluding notarization (solemnization) of the preliminary agreement or sale and purchase agreement and the preparation of a notarial deed (with respect to both the Buyer-Client and Seller-Client);
- registration of ownership in the Land Register (with respect to the Buyer-Client).
4. Where the Broker performs services at the Client's request that are not included in Section VII of these General Terms, the brokerage hourly rate shall amount to EUR 50.00 (1 EUR = HRK 7.53450).
Where such additional services are performed, the Client shall, in addition to the brokerage hourly rate, reimburse the Broker for all actual expenses incurred in performing those services.
5. If the Broker is registered for VAT purposes, value added tax (VAT) shall be charged on all fees.
6. If the legal transaction includes the conclusion of a preliminary agreement under which the Client and the Third Party undertake to conclude the final sale and purchase agreement relating to the property and the preliminary agreement provides for the payment of a deposit and/or part of the purchase price before execution of the final agreement, and the period until execution of the final agreement exceeds forty-five (45) working days, the Client shall pay the brokerage fee in full on the date of payment of the deposit and/or the first installment of the purchase price, unless otherwise agreed in the Brokerage Agreement.
7. If the legal transaction includes a preliminary agreement under which the Client and the Third Party undertake to conclude the final sale and purchase agreement, but no deposit and/or advance payment of the purchase price is agreed before execution of the final agreement, the Client shall pay the brokerage fee on the date of execution of the final sale and purchase agreement or on the expiry of the deadline specified in the preliminary agreement for execution of the final agreement, unless otherwise agreed in the Brokerage Agreement.
8. Withdrawal by either the Client or the Third Party from a preliminary agreement or sale and purchase agreement relating to the property shall not affect the Client's obligation to pay the Broker the brokerage fee in the amount and in the manner prescribed by this Article and/or the Brokerage Agreement.
9. The Client shall also be obliged to pay the brokerage fee where the Client concludes with a Third Party introduced by the Broker a legal transaction different from the one for which brokerage services were originally provided, provided that such transaction achieves substantially the same purpose as the originally brokered transaction.
10. For the purposes of these General Terms, a brokered transaction shall also include any case where the Client concludes a preliminary agreement, a sale and purchase agreement, and/or pays a deposit to a Third Party introduced by the Broker in relation to real estate owned by that Third Party or by members of the Third Party's family or close blood relatives or relatives by marriage, even if such properties were not expressly specified in the Brokerage Agreement.
11. The Broker shall be deemed to have introduced the Client to a Third Party if the Broker has:
- directly introduced the Client to the property or arranged a viewing of the property;
- organized a meeting between the Client and the Third Party for the purpose of negotiating the legal transaction;
- provided the Client with the name, company name, telephone number, fax number, email address, or other contact details of the Third Party authorized to conclude the transaction, or informed the Client of the exact location of the property sought.
12. If the Client withdraws from the sale at an inappropriate stage of the transaction, after the Broker has already completed all activities necessary for the sale, the Client shall pay the Broker the agreed brokerage fee in full, provided that such fee shall not be less than EUR 1,000.00.
13. If the Client or any of the Client's close blood relatives or relatives by marriage concludes a sale and purchase transaction with a Third Party as a direct consequence of the Broker's activities, while intentionally bypassing the Broker or with the intention of depriving the Broker of the right to the brokerage fee or otherwise knowingly causing damage to the Broker, the Client shall pay the Broker the agreed brokerage fee in full. The same consequence shall apply where, after termination of the Brokerage Agreement, the Client concludes a transaction that is predominantly the result of the Broker's activities.
14. If the Client terminates the Brokerage Agreement prematurely with the intention of depriving the Broker of the brokerage fee or otherwise knowingly causing damage to the Broker, the Client shall pay the Broker the brokerage fee in the amount agreed in the Brokerage Agreement.
15. The Broker shall also be entitled to the brokerage fee if the brokered transaction is concluded by the Client's spouse or cohabiting partner, descendant or parent, or by a company, institution, or other legal entity established or legally represented by the Client or by the Client's spouse, cohabiting partner, descendant or parent, or by a person with whom the Client has concluded an employment contract or a service contract, provided that the transaction is concluded with a person introduced by the Broker.
16. The Client shall pay the Broker the agreed brokerage fee if the Client concludes a lease or tenancy agreement with a person introduced by the Broker and subsequently concludes the legal transaction independently, excluding or bypassing the Broker, without paying the agreed brokerage fee.
17. Where the Client has independently, or through another person, and without the Broker's involvement, established contact with the person with whom the Client ultimately concludes the sale and purchase agreement or lease agreement, the Client shall not be obliged to pay the brokerage fee, except for any actual costs incurred by the Broker in resolving legal property matters relating to the subject of the brokerage, in accordance with the applicable attorney fee tariff. The Client also undertakes to notify the Broker immediately of the conclusion of such transaction without the Broker's involvement, as well as of any withdrawal from the transaction.
XI. SUBMISSION OF COMPLAINTS
The Client shall have the right to submit a complaint regarding the provision of services, the quality of the services provided, or any alleged breach of the provisions of the Brokerage Agreement.
Complaints shall be submitted exclusively in writing to the following address: Ružići 25/i, 51213 Jurdani, Croatia, or by e-mail to info@eternium.hr, upon receipt of which the Broker shall initiate the complaint resolution procedure.
The complaint must contain the facts and evidence on which it is based.
The Broker shall make every reasonable effort to resolve all disputes arising from complaints submitted by Clients acting as consumers amicably and out of court. If such resolution is not possible, the competent court in Rijeka, Croatia, shall have jurisdiction.
The Broker undertakes to provide the Client with a written response regarding the merits of the complaint within no more than fifteen (15) working days from the date the complaint is received.
XII. FINAL PROVISIONS
Any legal relationships between the Client and the Broker arising from the Brokerage Agreement that are not governed by these General Terms, as well as all matters not expressly regulated herein, shall be governed by the provisions of the Real Estate Brokerage Act and the Civil Obligations Act of the Republic of Croatia.
These General Terms shall apply as of 7 July 2026.
