Terms and Conditions

Terms and Conditions

PALACE REAL ESTATE Ltd. Šibenik

Put Gimnazije 7, 22000 Šibenik

VAT ID: 29932722148

Intermediary Register registration number: 146/2017

I.

Meaning of terms contained in the General Terms and Conditions

Certain terms in the context of these General Terms have the following meanings:

  1. Real estate intermediary is PALACE REAL ESTATE Ltd. for business and property management with headquarters in Šibenik, Put Gimnazije 7, VAT ID: 29932722148, which company meets the conditions for real estate brokerage determined by the Real Estate Brokerage Act (hereinafter: Intermediary).
  2. Real estate brokerage agent is a natural person who has passed the professional examination for performing agent duties, is entered in the Register of Agents, and is employed by the Intermediary under an employment contract (hereinafter: Agent).
  3. Real estate brokerage actions are actions of the Intermediary related to connecting the Principal and a Third party, as well as negotiating and preparing for the conclusion of legal transactions related to specific real estate, particularly in buying, selling, exchanging, leasing, renting, etc.
  4. Principal is a natural or legal person who enters into a written brokerage agreement with the Intermediary (seller, buyer, lessor, lessee, landlord, tenant, and other potential participants in real estate transactions – hereinafter: Principal).
  5. Third party is a person the Intermediary tries to connect with the Principal for negotiating the conclusion of a legal transaction related to specific real estate (hereinafter: Third party).

II.

Offer

The Intermediary's offer is based on data received in writing and/or orally from property owners who offer properties for sale, lease, or rent, as well as data contained in written and/or oral orders from the Principal.

The Intermediary will not advertise a property without a previously concluded brokerage agreement with the property owner.

III.

Real estate brokerage agreement

By the real estate brokerage agreement (hereinafter: Agreement), the Intermediary undertakes to try to find and connect the Principal with a Third party for negotiating and concluding a specific legal transaction related to the transfer or establishment of a specific right on the real estate and/or related to the real estate, and the Principal undertakes to pay a certain brokerage fee (hereinafter: Fee) if that legal transaction is concluded.

The Agreement is concluded in writing and for a definite period. It is not permitted to perform brokerage services without a previously concluded Agreement.

If the contracting parties do not agree on the term for concluding the Agreement, the Agreement is considered concluded for a period of 12 months.

The Agreement particularly contains data about the Intermediary and the Principal, the subject of brokerage, the type and essential content of the legal transaction being brokered, the amount of the brokerage fee, data on additional services and costs if agreed, including the type and amount of costs and who is obliged to pay them, as well as the Intermediary's registration number in the Register of Intermediaries.

An integral part of the Agreement is the Intermediary's Price List in force on the day the Agreement is concluded, marked with the date and year, on the basis of which the brokerage fee was agreed, and which is signed by the Intermediary and the Principal.

IV.

Termination of the brokerage agreement

The brokerage agreement concluded for a definite period terminates upon the expiry of the period for which it was concluded if the agreement for which brokerage was done is not concluded within that period, or by termination by either contracting party.

The Principal is obliged to compensate the Intermediary for the incurred costs that were explicitly agreed to be paid separately by the Principal.

If, after the termination of the concluded Agreement, the Principal concludes a legal transaction resulting from the Intermediary's actions before the termination of the brokerage agreement, the Principal is obliged to pay the Fee to the Intermediary in full.

V.

Exclusive brokerage

By the exclusive brokerage agreement, the Principal undertakes not to engage any other intermediary for the brokered transaction, whereby such an obligation must be explicitly agreed.

If, during the term of the exclusive brokerage Agreement, the Principal concludes a legal transaction through another intermediary bypassing the Intermediary, for which the exclusive Intermediary had been given a brokerage order, the Principal is obliged to pay the exclusive Intermediary the agreed Fee as well as any additional actual costs incurred during the brokerage for the said brokered transaction.

When concluding an exclusive brokerage Agreement, the Intermediary is obliged to particularly inform the Principal about the meaning and legal consequences of the contractual clause from the previous paragraph.

The exclusive brokerage agreement concluded for a definite period terminates upon the expiry of the period for which it was concluded if the agreement for which brokerage was done is not concluded within that period, or by termination by either contracting party.

In case of termination of the exclusive brokerage Agreement, the Principal is obliged to compensate the Intermediary for the incurred costs that were explicitly agreed to be paid separately by the Principal.

If, after the termination of the exclusive brokerage Agreement, the Principal concludes a legal transaction resulting from the Intermediary's actions before the termination of the Agreement, the Principal is obliged to pay the Fee to the Intermediary in full.

VI.

Obligations of the Intermediary

When mediating the conclusion of a sale agreement, lease agreement, or rental agreement for real estate, the Intermediary is obliged to perform the following in particular:

  1. endeavor to find and connect the Principal with a person for concluding the brokered transaction;
  2. inform the Principal about the average market price of similar real estate;
  3. obtain and inspect the documents proving ownership or other real rights on the subject real estate;
  4. perform the necessary actions for presenting and marketing the real estate, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the Agreement that exceed the usual presentation, for which he has the right to special, pre-agreed costs;
  5. allow or decline the viewing of the real estate, in accordance with the Principal's interests and the Intermediary's professional judgment, acting with the diligence of a good expert;
  6. keep the Principal's personal data and, following the Principal's written order, keep as a business secret data on the real estate for which he is mediating or in connection with that real estate or with the transaction for which he is mediating;
  7. if the subject of brokerage is land, check its purpose in accordance with the regulations on spatial planning;
  8. inform the Principal of all circumstances relevant to the intended transaction that are known to him or must be known to him.

The brokerage fee covers the basic brokerage services, in particular connecting the Principal and the Third party, verifying the condition of the real estate, and preparatory actions for concluding the legal transaction.

If specifically agreed with the Principal, the Intermediary may also provide additional services not covered by the basic brokerage service, in accordance with the applicable Price List and the Agreement.

After concluding the sale agreement, the Intermediary may undertake, for the Principal – the buyer of the real estate, to also perform the following:

  1. in cooperation with a legal service provider, carry out the transfer of ownership in the land registers;
  2. register the Principal as a new user of services with utility service providers.

VII.

Obligations of the Principal

The Intermediary is obliged to perform the following in particular when mediating the conclusion of a sale agreement, lease agreement, or rental agreement for real estate:

  1. inform the Intermediary about all circumstances important for the performance of the brokerage and provide accurate data on the real estate, and, if he has them, give the Intermediary access to the location permit, building permit, or use permit, or location information for the real estate that is the subject of the Agreement, and give the Intermediary evidence of fulfillment of obligations towards the Third party;
  2. give the Intermediary access to the documents proving his ownership of the real estate, or other real right to the real estate that is the subject of the Agreement, and inform the Intermediary of all registered and unregistered encumbrances existing on the real estate;
  3. ensure that the Intermediary and the Third party interested in concluding the brokered transaction are able to view the real estate;
  4. inform the Intermediary of all essential data about the real estate, which particularly includes a description of the real estate and the price;
  5. pay the Fee to the Intermediary in accordance with the Agreement and the applicable Price List;
  6. if explicitly agreed, compensate the Intermediary for costs incurred during the brokerage that exceed the usual brokerage costs;
  7. inform the Intermediary in writing about all changes related to the transaction for which he authorized the Intermediary, especially about changes related to the ownership of the real estate;
  8. if he wishes to remain unknown, the Principal is not obliged to disclose his identity to the Third party until the legal transaction is concluded.

The Principal is not obliged to enter into negotiations or conclude a legal transaction with the Third party found by the Intermediary.

If the Principal does not act in good faith, he is liable to the Intermediary for damages and is obliged to compensate all costs incurred, which may not be less than one third nor more than the agreed Fee for the brokered transaction.

The Principal will be liable for damages if he acted fraudulently, or if he concealed or provided inaccurate information essential for the brokerage business in order to complete the brokered transaction.

VIII.

Brokerage Fee

The amount of the brokerage fee is determined by the brokerage Agreement in accordance with the Intermediary's Price List in force on the day the Agreement is concluded.

The Price List of brokerage fees is an integral part of these General Terms of Business.

Purchase, sale and exchange of real estate

For brokerage services in the sale, purchase, or exchange of real estate, a brokerage fee is agreed in the amount of up to 12% of the achieved purchase price of the property. The minimum brokerage fee is EUR 1,000.00.

Brokerage for the seller

When the Intermediary acts as broker for the seller as the Principal, the amount of the brokerage fee is determined by the brokerage Agreement in accordance with the applicable Price List, in the amount of up to 6% of the agreed purchase price, with a minimum of EUR 1,000.00.

Brokerage for the buyer

When the Intermediary acts as broker for the buyer as the Principal, the amount of the brokerage fee is determined by the brokerage Agreement in accordance with the applicable Price List, in the amount of up to 6% of the agreed purchase price, with a minimum of EUR 1,000.00.

Brokerage for both contracting parties

The Intermediary may charge a brokerage fee to both the seller and the buyer, i.e. to both Principals, for the same property, only on condition that a separate brokerage Agreement has been concluded with each party.

If the Intermediary has concluded an Agreement with both Principals for the same property and it has been agreed that the Fee is paid by both parties, the total brokerage fee charged to both parties combined may not exceed the maximum brokerage fee determined by the applicable Price List.

The Intermediary may not charge a brokerage fee to a Third party who acquires the role of buyer, tenant, or other party in the legal transaction, if that person has not concluded a brokerage Agreement with the Intermediary.

Exclusive brokerage

For exclusive brokerage agreements, the amount of the brokerage fee is determined by the individual brokerage Agreement, in accordance with the applicable Price List.

Lease and rental of real estate

For brokerage in the lease or rental of real estate, the Fee amounts to:

  • for agreements with a term of up to 3 years: 100% of one monthly rent;
  • for agreements with a term of 3 years or longer: 150% of one monthly rent.

Additional services

Additional services not included in the basic brokerage service may include:

  • professional property photography;
  • property video presentation;
  • 3D virtual tour;
  • additional premium advertising;
  • creation of marketing materials;
  • additional preparation of documentation;
  • other separately agreed services.

The costs of additional services are determined by separate agreement with the Principal prior to performance of the service and may be charged in the amount of the actual costs if specifically agreed with the Principal. The Agreement shall state the type and amount of such costs and who is obliged to pay them.

Value added tax (VAT) is subsequently calculated on all brokerage fee amounts.

The Intermediary acquires the right to the Fee after the conclusion of the agreement for which brokerage was performed, unless the Agreement stipulates that the right to the Fee arises already upon conclusion of a preliminary agreement. The Intermediary may not request partial or full payment of the Fee in advance, before the conclusion of the agreement or preliminary agreement for which brokerage was performed.

If the concluded legal transaction includes the conclusion of a preliminary agreement by which the Principal and the Third party undertook to conclude the main agreement related to the real estate that is the subject of brokerage, and which preliminary agreement stipulates payment of a deposit and/or part of the agreed purchase price before the conclusion of the main purchase agreement, the Principal undertakes to pay the Fee to the Intermediary in two equal parts, the first of which falls due on the day of payment of the deposit and/or part of the agreed purchase price, and the second on the day of conclusion of the main agreement, or on the day of expiry of the term specified by the preliminary agreement for concluding the main agreement, if such a manner of the Fee becoming due is agreed in the brokerage Agreement.

If the concluded legal transaction includes the conclusion of a preliminary agreement by which the Principal and the Third party undertook to conclude the main agreement related to the real estate that is the subject of brokerage, but which does not stipulate payment of a deposit and/or part of the agreed purchase price before the conclusion of the main purchase agreement, the Principal undertakes to pay the Fee to the Intermediary on the day of conclusion of the main agreement, or on the day of expiry of the term specified by the preliminary agreement for concluding the main agreement.

If the concluded legal transaction includes exclusively the conclusion of the main agreement related to the real estate that is the subject of brokerage, the Principal undertakes to pay the Fee to the Intermediary on the day of conclusion of the agreement.

The Principal is obliged to pay the Fee even when he concludes a legal transaction different from the one for which brokerage was performed with the Third party pointed out to him by the Intermediary and with whom the Intermediary connected him, if it achieves the same purpose as the brokered transaction, or if the subject of that legal transaction is the real estate that was the subject of brokerage.

It is considered that the Intermediary enabled the Principal to establish a connection with the Third party if he:

  • directly took or referred the Principal to view the subject real estate;
  • organized a meeting between the Principal and the Third party for negotiating the conclusion of the legal transaction;
  • provided the Principal with the details of the Third party authorized to conclude the legal transaction, or informed him of the exact location of the sought real estate.

If the Agreement terminates and the Principal subsequently concludes a legal transaction with the Third party which is a direct result of the Intermediary's actions undertaken before the termination of the Agreement, the Intermediary is entitled to the full Fee, unless otherwise agreed.

The Intermediary is entitled to the Fee if the spouse or common-law partner, descendant, or parent of the Principal, or a company, institution, or other legal entity of which the Principal, his spouse or common-law partner, descendant, or parent is a founder or legal representative, or with which he has an employment contract or a service contract, concludes the brokered legal transaction with a person with whom the Intermediary connected the Principal.

IX.

Final provisions

For everything not explicitly determined by these General Terms of Business, the Real Estate Brokerage Act (Official Gazette No. 69/2026), the Obligations Act, and other applicable legal regulations shall apply.

The Price List of brokerage fees of Palace Real Estate d.o.o. forms an integral part of these General Terms of Business.

When concluding the Agreement, the Price List in force on the day of its conclusion shall apply, unless otherwise agreed. Changes to the Price List do not affect already concluded Agreements, unless the contracting parties agree otherwise in writing.

These General Terms of Business apply from 7 July 2026.

The Intermediary shall display these General Terms of Business in a visible and accessible place at its headquarters, branches, and separate business units.

Submitting complaints

At Palace Real Estate d.o.o., we strive to provide a high level of quality and transparency in the delivery of our services. If you believe that our service did not meet your expectations or you have a complaint regarding our business operations, you have the right to submit a written complaint.

You can submit a complaint in the following ways:

📧 E-mail:
prigovor@palace.agency

📬 By post:
Palace Real Estate d.o.o.
Put Gimnazije 7
22 000 Šibenik

To ensure that your complaint can be processed promptly and thoroughly, please include the following information:

  • the complainant's full name
  • contact details (e-mail address or postal address for delivery of the response)
  • a description of the complaint and the relevant facts
  • any supporting documentation (if applicable)

In accordance with the Consumer Protection Act, we will respond to your complaint in writing no later than 15 days from the date of receipt of the complaint.

Your feedback is important to us and helps us continuously improve the quality of our services.

Personal data protection

The data you submit with your complaint is processed exclusively for the purpose of receiving, processing, and responding to the complaint and to comply with the company's legal obligations, in accordance with applicable personal data protection regulations. More information about personal data processing is available in our Privacy Policy.

Palace Real Estate Ltd. represented by director Marko Triva

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