Offer property

Terms and conditions

  • Home
  • Terms and conditions

I. GENERAL PROVISIONS

Article 1

These General Terms and Conditions for Real Estate Brokerage Services (hereinafter: the General Terms and Conditions) govern the relationship between ING-VICTUS d.o.o. za projektiranje i nekretnine, Tina Ujevića 35, Belišće, OIB: 13476270816 (hereinafter: the Intermediary) and any natural or legal person entering into a Real Estate Brokerage Agreement with the Intermediary (hereinafter: the Principal).

These General Terms and Conditions form an integral part of the Real Estate Brokerage Agreement concluded between the Intermediary and the Principal.

Any matters not specifically regulated by the Real Estate Brokerage Agreement or these General Terms and Conditions shall be governed by the provisions of the Real Estate Brokerage Act and other applicable regulations.

II. REAL ESTATE BROKERAGE AGREEMENT

Article 2

Under the Real Estate Brokerage Agreement, the Intermediary undertakes to endeavour to find and bring into contact with the Principal a third party for the purpose of negotiating and concluding a specific legal transaction concerning real estate, while the Principal undertakes to pay the Intermediary the agreed brokerage fee if such legal transaction is concluded.

The Real Estate Brokerage Agreement shall be concluded in writing.

The Intermediary shall not advertise the property or perform brokerage services prior to the conclusion of the appropriate Real Estate Brokerage Agreement.

The Real Estate Brokerage Agreement shall be concluded for a fixed term as specified therein. Unless otherwise agreed, the standard term of an Agreement concluded by ING-VICTUS d.o.o. shall be 12 months.

III. EXCLUSIVE BROKERAGE

Article 3

As a rule, ING-VICTUS d.o.o. provides brokerage services in connection with the sale of real estate on the basis of an Exclusive Real Estate Brokerage Agreement.

Under an Exclusive Real Estate Brokerage Agreement, the Principal undertakes not to engage another intermediary, for the duration of the Agreement, in connection with the property that is the subject of the Agreement.

Prior to entering into an Exclusive Real Estate Brokerage Agreement, the Intermediary shall specifically inform the Principal of the meaning and legal consequences of agreeing to exclusive brokerage.

If, during the term of the Exclusive Real Estate Brokerage Agreement, the Principal concludes the brokered legal transaction through another intermediary, the Principal shall be obliged to pay the Intermediary the agreed brokerage fee and, where separately agreed, the additional costs actually incurred, in accordance with the applicable law, the Real Estate Brokerage Agreement, these General Terms and Conditions and the applicable Price List.

IV. OBLIGATIONS OF THE INTERMEDIARY

Article 4

Depending on the type and subject matter of the brokerage services, the Intermediary shall, in particular:

  1. endeavour to find and bring into contact with the Principal a person for the purpose of concluding the brokered legal transaction;
  2. inform the Principal of circumstances relevant to determining the market value or market conditions applicable to the property concerned;
  3. obtain and inspect documents proving ownership or another right in rem over the property concerned, to the extent prescribed by law, and inspect other documentation which the Principal is required to make available or has provided to the Intermediary;
  4. inform the Principal of any apparent defects, encumbrances, restrictions and potential risks arising from the available information and documentation relating to the property;
  5. carry out customary checks of the information and documentation relating to the property as required for the provision of brokerage services;
  6. take the necessary steps to ensure the appropriate presentation of the property on the market;
  7. prepare an appropriate description and presentation of the property and carry out standard advertising through channels selected by the Intermediary based on its professional judgement, sales strategy and the characteristics of the property;
  8. organise and conduct property viewings;
  9. mediate communications and negotiations between the Principal and interested parties;
  10. endeavour to facilitate agreement on the essential terms of the brokered legal transaction;
  11. carry out preparatory activities necessary for the conclusion of the brokered legal transaction;
  12. coordinate the preparation of the necessary documentation and the completion of the brokered legal transaction;
  13. inform the Principal of all circumstances relevant to the intended legal transaction which are known to the Intermediary or which, in view of the circumstances, ought to be known to the Intermediary;
  14. protect personal and other confidential information obtained in the course of providing brokerage services, in accordance with applicable regulations;
  15. coordinate the implementation of the brokered legal transaction through to its completion.

In the case of brokerage services relating to land, the Intermediary shall, where relevant to the brokered transaction, verify the designated use of the land concerned under the applicable spatial planning documentation.

The Intermediary shall not be obliged to obtain administrative acts, permits, certificates, an energy performance certificate or other documentation which the Principal is required to obtain or make available for inspection, unless such activity has been separately agreed and the Intermediary is authorised to perform it.

V. OBLIGATIONS OF THE PRINCIPAL

Article 5

The Principal undertakes to:

  1. provide the Intermediary with true, complete and timely information concerning the property and all circumstances relevant to the brokerage services;
  2. make available to the Intermediary documents proving ownership or another right in respect of the property;
  3. make available to the Intermediary any available location permit, building permit, occupancy permit, energy performance certificate and other documentation relevant to the property and the brokered legal transaction, where such documentation is applicable;
  4. inform the Intermediary of all registered and unregistered encumbrances, third-party rights, disputes, defects, restrictions and other circumstances which may affect the conclusion or performance of the brokered legal transaction;
  5. enable the Intermediary and interested parties to view the property at times agreed in advance;
  6. inform the Intermediary in a timely manner of any changes to information and circumstances relevant to the brokerage services, in particular any change in the asking price, the terms of sale, purchase, exchange, lease or tenancy, or any decision to withdraw the property from the market;
  7. inform the Intermediary without delay of any communication, negotiations or conclusion of a legal transaction with a person whom the Intermediary has brought into contact with the Principal;
  8. pay the agreed brokerage fee when the contractual and statutory conditions for payment have been met;
  9. reimburse separately agreed additional costs in accordance with the Agreement, the Price List and these General Terms and Conditions.

The Principal shall be responsible for the accuracy, truthfulness and completeness of all information, documents and other particulars provided or made available to the Intermediary.

VI. PRESENTATION AND ADVERTISING OF THE PROPERTY

Article 6

The Intermediary shall advertise and present the property in a manner which, in its professional judgement, is appropriate to the type of property, the target group of interested parties and the selected brokerage strategy.

Standard presentation and advertising of the property are included in the agreed brokerage fee.

The Intermediary shall independently determine the channels used for standard advertising and shall not be obliged to advertise the property on every individual commercial property portal or to use the same advertising channel throughout the entire term of the Agreement.

Special advertising, additional promotion of advertisements, special marketing campaigns or other promotional activities exceeding the scope of standard property presentation shall be carried out only if separately agreed with the Principal, with the method of bearing the costs actually incurred being determined in advance.

VII. PROPERTY VIEWINGS

Article 7

When viewing a property through the Intermediary, the third party shall sign a Property Viewing Confirmation by which the Intermediary or agent provides evidence to the Principal that the property has been shown to that third party.

The Property Viewing Confirmation does not constitute a Real Estate Brokerage Agreement and does not contain any provisions obliging the third party to pay a brokerage fee.

The Intermediary shall not make the viewing of a property conditional upon the prior conclusion of a Real Estate Brokerage Agreement with the third party.

VIII. BROKERAGE FEE

Article 8

The amount of the brokerage fee shall be determined by the Real Estate Brokerage Agreement in accordance with the applicable Price List for brokerage services of ING-VICTUS d.o.o.

The applicable Price List on the basis of which the brokerage fee has been agreed shall form an integral part of the Real Estate Brokerage Agreement.

In the case of brokerage services relating to the sale or purchase of real estate, the Intermediary shall become entitled to the brokerage fee upon conclusion of the sale and purchase agreement for which it provided brokerage services.

In the case of brokerage services relating to an exchange of real estate, the Intermediary shall become entitled to the brokerage fee upon conclusion of the real estate exchange agreement for which it provided brokerage services.

In the case of brokerage services relating to the letting or lease of real estate, the Intermediary shall become entitled to the brokerage fee upon conclusion of the tenancy or lease agreement for which it provided brokerage services.

If the seller and the buyer enter into a preliminary agreement prior to concluding the sale and purchase agreement, the Intermediary shall not become entitled to the brokerage fee solely by virtue of the conclusion of the preliminary agreement, unless expressly agreed otherwise for the particular transaction in the Real Estate Brokerage Agreement.

The brokerage fee shall become due and payable pursuant to the Intermediary's invoice within 5 days from the date of issue of the invoice.

The Intermediary shall not require partial or full payment of the brokerage fee in advance.

IX. BROKERAGE SERVICES FOR THE BUYER AND BROKERAGE SERVICES FOR BOTH PARTIES

Article 9

A person interested in purchasing a property offered by the Intermediary shall not be obliged to pay a brokerage fee to the Intermediary unless that person has entered into a separate Real Estate Brokerage Agreement with the Intermediary.

A buyer may engage ING-VICTUS d.o.o. as its intermediary for the purpose of finding and purchasing a property. In such case, the rights and obligations of the parties, including the amount of the brokerage fee, shall be governed by a separate Real Estate Brokerage Agreement.

If the Intermediary has entered into separate Real Estate Brokerage Agreements with both parties in relation to the same brokered legal transaction, the brokerage fee shall be agreed separately with each Principal, subject to the limitations prescribed by law and the applicable Price List.

Before the brokered legal transaction is concluded, the Intermediary shall inform both Principals in writing of the amount of their respective brokerage fees and the total amount of such fees.

A brokerage fee may not be charged to a third party who has not entered into a Real Estate Brokerage Agreement with the Intermediary.

X. ADDITIONAL COSTS RELATED TO BROKERAGE SERVICES

Article 10

Additional costs not included in the standard brokerage fee may be charged to the Principal only if they have been separately agreed with the Principal.

Fees, charges imposed by external service providers, special advertising and other separately agreed costs shall be charged in the amount of the costs actually incurred, in accordance with the Real Estate Brokerage Agreement and the applicable Price List.

If additional costs have not been separately agreed, the Principal shall not be obliged to pay them.

XI. PREPARATORY ACTIVITIES AND COORDINATION OF THE CONCLUSION OF THE LEGAL TRANSACTION

Article 11

As part of its brokerage services, the Intermediary shall participate in negotiations between the parties, record the agreed terms of the brokered legal transaction and carry out the preparatory and coordination activities necessary for its conclusion.

The Intermediary may provide the person selected by the parties to prepare the legal documentation with the information, documentation and agreed terms required for the preparation of the appropriate legal instrument and may coordinate communication between the parties involved in the transaction.

The drafting of preliminary agreements, sale and purchase agreements, real estate exchange agreements, tenancy or lease agreements, land registry consent statements (tabular statements) and other legal instruments is not included in the brokerage fee charged by ING-VICTUS d.o.o.

The parties shall be free to select a person authorised to provide legal assistance or prepare the required legal documentation.

XII. TERMINATION OF THE AGREEMENT

Article 12

The Real Estate Brokerage Agreement shall terminate upon expiry of the period for which it was concluded, upon conclusion of the legal transaction for which the Intermediary provided brokerage services, by mutual agreement of the parties, by termination, or in other cases provided for by law or by the Real Estate Brokerage Agreement.

If, following termination of the Real Estate Brokerage Agreement, the Principal concludes a legal transaction as a result of the Intermediary's activities performed prior to termination of the Agreement, the Principal shall be obliged to pay the Intermediary the agreed brokerage fee in the cases, within the period and subject to the conditions prescribed by law.

Upon termination of the Agreement, the Principal shall be obliged to reimburse only those additional costs which the Principal expressly agreed to bear separately.

XIII. ACTING IN GOOD FAITH

Article 13

The Intermediary and the Principal shall act conscientiously and in good faith throughout the duration of their contractual relationship.

The Principal shall not be obliged to enter into negotiations or conclude a legal transaction with a third party found by the Intermediary, in accordance with applicable law.

The Principal shall provide the Intermediary with true, complete and timely information concerning circumstances relevant to the brokerage services and the Principal's intention to conclude the brokered legal transaction, and shall inform the Intermediary without delay of any change in the asking price, terms of sale, purchase, exchange, tenancy or lease, or of any decision to withdraw the property from the market.

Conduct contrary to the principle of good faith may include, in particular, providing the Intermediary with false or incomplete information, withholding material facts, concealing negotiations or a concluded legal transaction, attempting to circumvent the Intermediary in order to avoid payment of the agreed brokerage fee, or any other conduct that knowingly causes the Intermediary unnecessary costs or damage.

If the Principal fails to act in good faith, the Principal shall be liable to the Intermediary for damages and shall reimburse the costs incurred in accordance with the Real Estate Brokerage Act, provided that the amount thereof may not be less than one third of, nor exceed, the agreed brokerage fee for the brokered legal transaction.

XIV. CONFIDENTIALITY AND PERSONAL DATA

Article 14

The Intermediary shall process and retain personal data and other information obtained in the course of the business relationship in accordance with applicable regulations.

The Intermediary shall treat as confidential any information obtained in the course of providing brokerage services where the nature of such information, the circumstances or the Principal's expressed intention indicate that it may not be disclosed to third parties without authorisation.

The obligation to maintain confidentiality shall continue after termination of the Real Estate Brokerage Agreement.

XV. COMPLAINTS AND DISPUTE RESOLUTION

Article 15

The Principal or consumer may submit a written complaint to the Intermediary in the manner and under the conditions prescribed by the applicable consumer protection regulations.

The Intermediary shall respond to a duly submitted written complaint within the statutory time limit.

The parties shall endeavour to resolve any disputes amicably in the first instance.

If a dispute cannot be resolved amicably, the court having subject-matter and territorial jurisdiction under the applicable regulations shall have jurisdiction to resolve the dispute.

XVI. FINAL PROVISIONS

Article 16

These General Terms and Conditions shall be made available to the Principal prior to the conclusion of the Real Estate Brokerage Agreement and shall be published or otherwise made available in the manner prescribed by law.

By entering into the Real Estate Brokerage Agreement, the Principal confirms that, prior to its conclusion, the Principal was given the opportunity to familiarise itself with these General Terms and Conditions and accepts them as an integral part of the Agreement.

In the event of any inconsistency between an individual provision of the Real Estate Brokerage Agreement and these General Terms and Conditions, the individually agreed provision of the Agreement shall prevail, provided that it is not contrary to mandatory provisions of applicable law.

These General Terms and Conditions shall apply as of 27 August 2026.

Belišće, 27 August 2026

For the Intermediary:

ING-VICTUS d.o.o. za projektiranje i nekretnine
Matija Šimić-Jelić, M.Eng.C.E., Director