General Terms and Conditions of Business
In accordance with the provisions of the Real Estate Brokerage Act (Official Gazette 107/2007 of October 3, 2007), the company TS-Valković j.d.o.o., operating under the brand TOP-SHOP Real Estate Agency, issues the following:
GENERAL TERMS AND CONDITIONS OF BUSINESS
1. GENERAL PROVISIONS
These general terms and conditions regulate the business relationship between the TOP-SHOP Real Estate Agency (hereinafter: the Agency) and the client (natural or legal person). By signing the Brokerage Agreement, the client confirms that they are familiar with and agree to the provisions of these terms and conditions.
2. PROPERTY OFFERS
The Agency's property offers are based on information received in written or oral form and are subject to confirmation. The Agency reserves the right to errors in the description and price of properties, as well as the possibility that a listed property has already been sold (or rented) or that the owner has withdrawn from selling (or renting). Offers and notices from the Agency must be treated by the recipient (client) as business confidential and may only be shared with third parties with the Agency’s written permission. If the recipient is already familiar with the properties offered by the Agency, they must immediately inform the Agency.
3. AGENCY'S (BROKER'S) OBLIGATIONS
1. Conclude a Brokerage Agreement with the client in written form;
2. strive to find and connect the client with a person for the purpose of concluding the brokered transaction;
3. inform the client of the average market price of a similar property and alert them to any deficiencies of the property;
4. inspect documents proving ownership or other real rights on the property in question and inform the client of: visible defects and possible risks related to unregulated land registry status; registered real or other third-party rights on the property; legal consequences of failing to meet obligations to third parties; deficiencies in building or occupancy permits according to applicable law; obligations regarding pre-emption rights and legal restrictions on property transfers;
5. carry out necessary activities to present the property on the market, advertise it as decided by the agency, and enable property viewings;
6. keep the client’s personal data confidential and, by written order, treat information about the property and related transactions as business secrets;
7. inform the client of all circumstances relevant to the intended transaction that are known to the agency;
8. mediate negotiations and seek to conclude a legal transaction;
9. be present at the signing of the legal transaction (Pre-Contract and Contract), and at the handover of the property;
10. if the contract concerns land, verify its intended use in accordance with spatial planning regulations for that land;
11. The broker is considered to have enabled the client to establish contact with another person (natural or legal) for the purpose of negotiating a brokered deal if they made such contact possible, especially if:
- they personally brought or directed the client or a third party to view the property;
- they organized a meeting between the client and another party to negotiate the contract;
- they provided the client with the name, phone number, fax, or email of the other authorized person or shared the exact location of the property.
4. CLIENT'S (PRINCIPAL'S) OBLIGATIONS
1. Conclude a Brokerage Agreement with the Agency in written form;
2. inform the broker of all circumstances relevant to the brokerage and provide accurate data about the property and, if available, present the location, building, or occupancy permit, as well as proof of fulfilled obligations to third parties;
3. present to the broker documents proving their ownership or other real rights on the property and inform the broker of all registered and unregistered encumbrances on the property;
4. enable the broker and third parties interested in concluding the brokered deal to view the property;
5. inform the broker of all key details about the property, especially its description and price;
6. after concluding a brokered legal deal or pre-contract, if the broker and client agreed that the right to commission arises upon pre-contract signing, pay the broker's fee unless otherwise agreed;
7. if explicitly agreed, reimburse the broker for expenses incurred during brokerage that exceed usual costs;
8. inform the broker in writing of any changes related to the transaction, especially changes in property ownership;
9. the client will be liable for damages if they did not act in good faith, acted fraudulently, withheld or gave false information crucial to completing the deal, and must reimburse all brokerage costs, not exceeding the agreed commission.
5. EXERCISING THE RIGHT TO COMMISSION
The TOP-SHOP agency acquires the right to a full brokerage commission at the moment the mediated deal is concluded, i.e. upon signing the Pre-Contract (or Contract if no Pre-Contract is signed) by which the client undertakes to conclude the mediated legal transaction. The commission is paid to the agency at the moment the Pre-Contract (or Contract if no Pre-Contract is signed) is signed by both contracting parties. The amount of the brokerage commission for mediation in sales, exchanges, leases, and rentals of real estate is charged in accordance with the Brokerage Fee Price List of the Real Estate Business Association at the Croatian Chamber of Commerce, which forms an integral part of these General Terms and Conditions. The amount of the commission is stated in the agency's price list.
The agency may agree on the right to reimbursement of costs necessary for the execution of the order and request advance payment for certain expenses. The client is obligated to pay the commission even when they conclude a legal transaction with a person introduced by the agency that differs from the mediated one, provided it is of equal value or achieves the same purpose as the mediated legal transaction. The agency is entitled to a commission if the client’s spouse or common-law partner, descendant, or parent concludes the mediated legal transaction with the person introduced by the agency.
6. TERMINATION OF THE CONTRACT
The brokerage contract is concluded for a period of 12 months and terminates upon expiration of that period if the contract for which the mediation was conducted is not concluded, or by cancellation by either contracting party. The parties may terminate the brokerage contract before the agreed term only for particularly justified reasons. In such a case, the client must reimburse the agency for incurred costs. The agent and the client agree that upon expiry of the agreed term, the Contract is automatically extended for the same period unless one of the contracting parties cancels it in writing beforehand. The notice period is 30 days. If, within a period not exceeding the duration of the concluded brokerage contract after its termination, the client concludes a legal transaction that is predominantly a result of the broker’s actions prior to termination, they must pay the full brokerage commission, unless otherwise agreed in the contract.
If the contract terminates due to expiration, the client must reimburse the broker for the expenses which were explicitly agreed to be separately paid by the client.
7. COOPERATION WITH OTHER AGENCIES
The agency is open to cooperation with other real estate agencies that respect basic ethical principles (which exclude providing false business information to gain business and clients, disparaging other agencies in any way to gain business and clients, unrealistic property evaluations to obtain brokerage jobs and exclude other agencies from the market, media appearances for self-promotion at the expense of other agencies). Mutual cooperation between agencies is based on the Code of Ethics for brokerage business members of the Real Estate Exchange.
8. GENERAL PROVISIONS AND DISPUTE RESOLUTION
In matters arising from the brokerage contract between the client and the agency not regulated by these General Terms and Conditions or the Contract, the provisions of the Real Estate Brokerage Act and the Civil Obligations Act shall apply. Any potential disputes shall fall under the jurisdiction of the Municipal Civil Court in Zagreb.
9. PRICE LIST
TOP-SHOP real estate agency operates under the Decision on Meeting the Conditions for Performing Real Estate Brokerage issued by the Ministry and is registered with the Croatian Chamber of Commerce.
What are the service fees at TOP-SHOP?
There are no costs for searching real estate on top-shop.hr, viewing properties, or consulting with our agents.
If you decide to sell or rent your home with our help, we will charge a commission that enables us to provide the best possible service—from advertising on various portals and in print editions of all major newspapers in Croatia, to our extensive client database and qualified professional agents who will handle the sale seriously and professionally. Based on our contracts and long-term cooperation, we ensure your property is advertised in premium positions on Njuškalo, Index, Crozilla, and many other portals. Our average selling time for your property is very short (90 days), provided the price is set realistically.
If you are buying or renting a new home, your agent will inform you of all your rights and obligations, including the brokerage commission amount.
The PRICE LIST of brokerage commissions for sales, exchanges, leases, and rentals of real estate is in accordance with Articles 27 and 28 of the Real Estate Brokerage Act (OG 14/14).
The commission is charged as a percentage of the total achieved purchase price.
SALE
Commission for mediation in property sale (charged to the seller):
3 – 5 %, but not less than 7,000 kn
PURCHASE
Commission for mediation in property purchase (charged to the buyer):
2 – 4 %, but not less than 7,000 kn
RENTING AND LEASING – commission from landlord or lessor
Percentage of monthly rent
75 % Minimum
100 % For rental or lease duration from 12 to 36 months
150 % Minimum for rental or lease of 36 months (3 years) or more
RENTING AND LEASING – commission from tenant or lessee
Percentage of monthly rent
75 % Minimum for rent
100 % For rental or lease duration from 12 to 36 months
150 % Minimum for rental or lease of 36 months (3 years) or more
All prices listed are subject to VAT.
A Cooperation Agreement is signed with every client.
TS-Valković d.o.o.
TOP-SHOP real estate agency
Sanja Valković, director
Services