General Terms of Business

General Terms of Business

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General Terms of Business

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Version: 01/09/2026

Important notice: This English translation is provided for information and better understanding only. In the event of any discrepancy, difference in interpretation or dispute, the Croatian version of the General Terms and Conditions shall prevail.

Pursuant to the Real Estate Brokerage Act, the Civil Obligations Act, Regulation (EU) 2016/679 (GDPR), the Act on the Implementation of the General Data Protection Regulation and other applicable regulations of the Republic of Croatia,

PORTUN IMMOBILIS d.o.o. for real estate business, construction and tourist agency, 52210 Rovinj – Rovigno, Trg na Križu 1, OIB: 67116473353, licensed real estate broker, registration number: 188/2009, represented by director Mojmir Jančić (hereinafter: the Broker), hereby adopts the following General Terms and Conditions.

Article 1 – General Provisions

These General Terms and Conditions regulate the business relationship between the Broker and a natural or legal person who enters into a Real Estate Brokerage Agreement with the Broker (hereinafter: the Principal).

These General Terms and Conditions and the Broker's current Price List form an integral part of the Brokerage Agreement.

By entering into the Brokerage Agreement, the Principal confirms that they have been informed of these General Terms and Conditions and the Broker's Price List and that they accept them.

The General Terms and Conditions are available at the Broker's business premises and on www.portun.com.

Article 2 – Definitions

For the purposes of these General Terms and Conditions:

Broker means PORTUN IMMOBILIS d.o.o., authorised to provide real estate brokerage services.

Agent means a natural person who fulfils the statutory requirements for providing real estate agency services.

Principal means a natural or legal person who enters into a Brokerage Agreement with the Broker.

Third Party means a person whom the Broker seeks to connect with the Principal for the purpose of negotiations and entering into a legal transaction.

Brokerage Fee means the fee which the Principal undertakes to pay to the Broker when the conditions for payment prescribed by law and the Brokerage Agreement have been fulfilled.

Article 3 – Property Offer

The Broker's property offer is based on information and documentation provided by property owners, Principals and other authorised persons.

The Broker shall verify available information within the scope of its statutory and professional obligations, but shall not be liable for inaccurate, incomplete or withheld information provided by the Principal if the Broker did not know and could not reasonably have established that such information was inaccurate.

The Principal shall inform the Broker without delay of any change in price, legal or factual status of the property, withdrawal from sale, lease or rental, or the conclusion of a legal transaction with a Third Party.

Article 4 – Obligations of the Broker

The Broker undertakes to act with the due care of a competent professional and, in particular, to:

  • seek to find and connect the Principal with an appropriate Third Party;
  • inform the Principal of market circumstances relevant to the intended legal transaction;
  • inspect available documents proving ownership or other real rights relating to the property;
  • inspect the land registry status of the property;
  • in the case of land, verify its designated use according to available spatial planning documentation;
  • professionally present and advertise the property within the agreed scope;
  • organise and conduct property viewings;
  • mediate in negotiations between the parties;
  • inform the Principal of circumstances relevant to the intended legal transaction;
  • coordinate preparatory activities required for the conclusion of the legal transaction;
  • protect the Principal's personal and confidential information.

Additional services exceeding the usual scope of brokerage services shall be agreed separately.

Article 5 – Bringing the Principal into Contact with a Third Party and the Property

The Broker shall be deemed to have enabled the Principal to establish contact with a Third Party, whether a natural or legal person, for the purpose of negotiating and concluding a legal transaction, particularly where the Broker has:

  • personally accompanied or directed the Principal to view the property;
  • organised a meeting or another form of communication between the Principal and a Third Party;
  • provided the Principal with the name, company name, telephone number, email address or other contact details of a Third Party authorised to conclude the legal transaction;
  • provided or otherwise enabled the Principal to learn the exact location of the property;
  • provided the Principal with an offer, link, email or other information concerning the property and/or its owner or another person authorised to conclude the legal transaction;
  • in any other demonstrable manner enabled the Principal to contact a Third Party or identify the property or the person authorised to negotiate and/or conclude the legal transaction.

If, prior to the Broker's involvement, the Principal was already familiar with the property or had already been in contact with the Third Party, the Principal shall inform the Broker thereof without delay in writing, including by email.

If the Principal fails to inform the Broker of such prior knowledge or contact, the Broker shall be deemed to have brought the Principal into contact with the property or Third Party.

Article 6 – Property Viewings

The Broker shall not make a property viewing conditional upon the interested person first entering into a Brokerage Agreement.

For record-keeping purposes and to protect the Principal's interests, the Broker may request that the person viewing the property sign a viewing confirmation.

A viewing confirmation does not in itself constitute a Brokerage Agreement and does not create an obligation to pay a brokerage fee.

Article 7 – Obligations of the Principal

The Principal undertakes to:

  • provide the Broker with true and complete information concerning the property and intended transaction;
  • allow inspection of documentation proving ownership or other rights relating to the property;
  • inform the Broker of registered and unregistered encumbrances, third-party rights and other relevant circumstances;
  • enable property viewings;
  • inform the Broker of changes in price and other circumstances relevant to the brokerage process;
  • pay the agreed brokerage fee when the statutory and contractual conditions for payment have been fulfilled;
  • pay for separately agreed additional services and costs;
  • provide information and documentation necessary for compliance with anti-money laundering and counter-terrorist financing legislation.

The Principal is not obliged to accept an offer or conclude a legal transaction with a person introduced by the Broker.

Article 8 – Confidentiality of the Principal's Identity

If the Principal requests that their identity remain confidential during advertising and negotiations, the Broker shall not disclose it to Third Parties before such disclosure becomes necessary for the conclusion of the legal transaction or compliance with a statutory obligation.

Article 9 – Brokerage Fee and Price List

The amount of the brokerage fee shall be determined by the Brokerage Agreement on the basis of the Broker's current Price List.

VAT shall be charged on the agreed brokerage fee in accordance with applicable regulations.

The brokerage fee covers customary brokerage services, particularly connecting the Principal with a Third Party, verification of available information concerning the legal and factual status of the property, standard presentation and advertising, organisation of viewings, mediation in negotiations and preparatory and coordination activities necessary for the conclusion of the legal transaction.

The Broker's current Price List forms an integral part of these General Terms and Conditions.

Article 10 – Person Liable for Payment of the Brokerage Fee

The brokerage fee shall be payable exclusively by a person who has entered into a Brokerage Agreement with the Broker and has undertaken under that Agreement to pay the fee.

The Broker shall not charge a brokerage fee to a buyer, tenant, lessee or other person acquiring rights under the legal transaction if that person has not entered into a Brokerage Agreement with the Broker.

Article 11 – Acting for Both Parties

The Broker may act for both parties to the same legal transaction if a separate Brokerage Agreement has been entered into with each party.

Each party shall pay the fee determined by its own Brokerage Agreement and the current Price List.

Before entering into the agreement, the Broker shall inform the parties of the fee obligations arising from their individual contractual relationships with the Broker.

Article 12 – Entitlement to the Brokerage Fee

The Broker becomes entitled to the brokerage fee upon conclusion of the contract for which it has acted, or upon conclusion of a preliminary agreement where this has been expressly agreed in the Brokerage Agreement.

The brokerage fee may not be demanded in advance before the right to payment has arisen.

If, after termination of the Brokerage Agreement, the Principal concludes a legal transaction with a person with whom the Broker had previously brought the Principal into contact, and the transaction is a direct result of the Broker's activities, the Broker shall be entitled to the agreed fee under the conditions prescribed by law and the Brokerage Agreement.

Article 13 – Additional Services and Special Costs

The brokerage fee does not include additional services exceeding the usual scope of brokerage where such services have been separately agreed in advance with the Principal.

Additional services may particularly include:

  • special professional photography and video production;
  • drone photography or filming;
  • production of special promotional materials;
  • paid Google Ads, Meta Ads and other digital campaigns;
  • additional advertising on specialised domestic and international portals;
  • production of special presentations and brochures;
  • translations by certified court interpreters;
  • surveying, architectural, legal, notarial and other external professional services;
  • obtaining special documentation and payment of administrative, court and other fees.

The type of additional service, its price and the party liable for payment shall be agreed in advance.

Payment for an additional service or special cost shall not be regarded as advance payment of the brokerage fee.

Article 14 – Brokerage Agreement

The Brokerage Agreement shall be concluded in writing and for a fixed period.

Without a previously concluded Brokerage Agreement, the Broker shall not provide brokerage services or advertise the property.

The duration of the Brokerage Agreement shall be specified in the individual Agreement.

The General Terms and Conditions and the Broker's Price List applicable at the time the Agreement is concluded form an integral part of the Brokerage Agreement.

Article 15 – Exclusive Brokerage

The Principal may undertake under the Brokerage Agreement not to engage another broker for the same legal transaction.

Exclusive brokerage applies only where expressly agreed.

Before entering into an exclusive brokerage arrangement, the Broker shall inform the Principal of the legal consequences of such a provision.

Article 16 – Cooperation with Other Brokers

For the purpose of more efficient brokerage, the Broker may cooperate with other licensed real estate brokers.

Transfer of the Brokerage Agreement to another broker shall be possible only under the conditions specified in the Agreement and applicable regulations.

Article 17 – Termination of the Brokerage Agreement

The Brokerage Agreement terminates upon expiry of the agreed period, conclusion of the legal transaction for which brokerage was provided, cancellation or in other cases prescribed by law and the Agreement.

Notice of termination shall be given in writing.

Termination of the Agreement shall not affect the Broker's right to a brokerage fee if the Principal, after termination, concludes a legal transaction that is a direct result of the Broker's activities during the term of the Agreement, under the conditions prescribed by law.

The Principal shall settle any separately agreed costs and additional services incurred up to termination.

Article 18 – Advertising

When advertising properties, the Broker shall state its company name and other information required by applicable regulations.

No property shall be advertised without a previously concluded Brokerage Agreement with the property owner or another person authorised to dispose of the property.

The method, scope, content and advertising channels shall be determined by the Broker in accordance with the Brokerage Agreement, professional standards and its assessment of the market, unless otherwise expressly agreed with the Principal.

Article 19 – Liability of the Broker

The Broker shall perform its obligations with increased professional diligence.

The Broker shall not be liable for failure by the Principal or Third Party to fulfil obligations they have assumed between themselves under a legal transaction.

The Broker shall also not be liable for facts, defects or circumstances of which it was unaware and which, with reasonable professional diligence and on the basis of available documentation, it could not reasonably have been expected to know.

Article 20 – Professional Liability Insurance

The Broker maintains professional liability insurance in accordance with applicable regulations governing real estate brokerage.

Article 21 – Confidentiality and Personal Data Protection

The Broker shall treat information obtained in the course of providing brokerage services as confidential, except where disclosure is necessary for performance of the Agreement, conclusion of the legal transaction or compliance with a statutory obligation.

Personal data shall be processed in accordance with the General Data Protection Regulation (GDPR), the Croatian legislation implementing the GDPR and the Privacy Notice of PORTUN IMMOBILIS d.o.o.

Article 22 – Prevention of Money Laundering and Terrorist Financing

The Broker shall carry out identification, customer due diligence and other measures prescribed by legislation governing the prevention of money laundering and terrorist financing.

The Principal shall provide the Broker with all information and documentation required for implementation of such measures.

If the Principal refuses to provide information that the Broker is legally obliged to obtain, the Broker may refuse to establish or continue the business relationship.

Article 23 – Professional and Ethical Conduct

The Broker and its agents shall act conscientiously and professionally and in accordance with applicable laws, professional standards and ethical rules governing real estate brokerage.

Article 24 – Final Provisions

Matters between the Broker and the Principal not regulated by the Brokerage Agreement or these General Terms and Conditions shall be governed by the Real Estate Brokerage Act, the Civil Obligations Act and other applicable laws of the Republic of Croatia.

The parties shall endeavour to resolve any disputes amicably.

Where a dispute cannot be resolved amicably, jurisdiction shall lie with the competent court in accordance with the applicable laws of the Republic of Croatia.

These General Terms and Conditions were adopted in Rovinj – Rovigno on 27 August 2026 and shall enter into force on 1 September 2026.

As of the date on which these General Terms and Conditions enter into force, all previous General Terms and Conditions of the Broker shall cease to apply.

PORTUN IMMOBILIS d.o.o.
52210 Rovinj – Rovigno, Trg na Križu 1
OIB: 67116473353
Licensed real estate broker
Registration number: 188/2009

Director:
Mojmir Jančić

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