Opći uvjeti poslovanja
OPERETA ltd for real estate transactions
OIB: 24059421894
Zagreb, Božidara Magovca 63
Registration number of entry in the Register of Intermediaries: 208/2009
Applicable from: July 7, 2026
GENERAL TERMS AND CONDITIONS
of Opereta ltd
I. Meaning of terms contained in the General Terms and Conditions
Individual terms within the meaning of these General Terms and Conditions have the following meanings:
- Real estate intermediary is OPERETA ltd for real estate transactions from Zagreb, Božidara Magovca 63, OIB: 24059421894, which company meets the conditions for performing real estate intermediation determined by the Law on Intermediation in Real Estate Transactions (hereinafter: Intermediary).
- Real estate intermediation agent is a natural person who has passed the professional examination for performing the duties of an agent, is entered in the Directory of Real Estate Intermediation Agents, and is employed by an intermediary, either by the Intermediary or by a legal entity that has concluded a cooperation agreement with the Intermediary, respectively who personally has concluded a cooperation agreement with the Intermediary (hereinafter: Agent).
- Real estate intermediation are actions of the real estate intermediary concerning the bringing into connection of the principal and a third party, as well as negotiations and preparations for concluding legal transactions the subject of which is a certain real estate, especially in purchase, sale, exchange, rental, lease, etc.
- Principal is a natural or legal person who concludes a written intermediation agreement with the real estate intermediary (seller, buyer, lessee, lessor, landlord, tenant and other possible participants in real estate transactions – hereinafter: Principal).
Third party is a person whom the real estate intermediary endeavors to bring into connection with the Principal for the purpose of negotiating the conclusion of legal transactions the subject of which is a certain real estate, regardless of whether the Intermediary also has an intermediation agreement concluded with the Third party (hereinafter: Third party).
II. Offer
The Intermediary's offer is based on information received by the Intermediary from the real estate owners or the Principal, regardless of whether given in writing, orally or electronically, and which relates to real estate offered for sale, lease or rental.
III. Real Estate Intermediation Agreement
1) By the Real Estate Intermediation Agreement (hereinafter: Agreement), the Intermediary undertakes to endeavor to find and bring into connection with the Principal a Third party for the purpose of negotiating and concluding a certain legal transaction on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate (purchase and sale, lease, rental, exchange or other disposal of real estate), respectively the transfer or establishment of a certain right on the real estate and/or in connection with the real estate, and the Principal undertakes to pay it a certain intermediation fee (hereinafter: Fee) if that legal transaction is concluded, whereby a concluded legal transaction also includes the conclusion of a preliminary agreement by which the contracting parties have undertaken to conclude the main agreement on the transfer or establishment of a certain right on the real estate and/or in connection with the real estate.2) The Agreement is concluded in written form and for a definite period of time.
3) If the contracting parties do not agree in the Agreement itself on the period for which they conclude the Agreement, the Agreement shall be deemed concluded for a definite period of 12 months from the day of the conclusion of the Agreement.
4) The Intermediary may transfer the Intermediation Agreement to another real estate intermediary (Partner) with whom it has concluded a business cooperation agreement, if such transfer is explicitly agreed between the intermediary and the principal, to perform in the name and for the account of the Intermediary all obligations assumed under the Agreement related to the Real Estate, in Croatia or abroad, in which case the Intermediary is exclusively liable to the Principal for the fulfillment of all obligations assumed under the Agreement and the Principal is obliged to pay the intermediation fee exclusively to the Intermediary - Opereta ltd.
IV. Termination of the intermediation agreement
1) An intermediation agreement concluded for a definite period of time terminates upon the expiry of the period for which it was concluded if within that period the agreement for which it was intermediated has not been concluded, or by termination by either of the contracting parties.2) In the event that the termination of the Intermediation Agreement would be contrary to the principle of conscientiousness and honesty or would be done with the intention of depriving the Intermediary of the right to the intermediation fee, the Intermediary has the right to compensation for damages in the amount of the agreed intermediation fee.
3) The Principal is obliged to reimburse the Intermediary for the costs incurred for which it was otherwise explicitly agreed that the Principal pays separately.
4) If after the termination of the concluded Agreement the Principal concludes a legal transaction that is a consequence of the Intermediary's action before the termination of the Intermediation Agreement, it is obliged to pay the Intermediary the Fee in full, regardless of whether the legal transaction was concluded directly with the Third party or through persons connected with it.
V. Exclusive intermediation
1) By the Exclusive Intermediation Agreement, the Principal undertakes not to engage any other intermediary for the intermediated business, nor to sell the real estate itself or offer it through third parties without the Intermediary.2) If during the term of the Exclusive Intermediation Agreement the Principal has concluded a legal transaction bypassing the Intermediary, either independently or through another intermediary, and for which the exclusive Intermediary had been given an intermediation order, it is obliged to pay the exclusive Intermediary the agreed Fee as well as possible additional actual costs incurred during the intermediation for the said intermediated business, regardless of whether the legal transaction was concluded directly or through persons connected with the Principal.
3) When concluding an exclusive intermediation agreement, the Intermediary is obliged to specially warn the Principal of the meaning and legal consequences of the contractual clause from the previous paragraph.
4) An exclusive intermediation agreement concluded for a definite period of time terminates upon the expiry of the period for which it was concluded if within that period the agreement for which it was intermediated has not been concluded.
5) In the case of termination of the Exclusive Intermediation Agreement for the reason indicated in the previous paragraph, the Principal is obliged to reimburse the Intermediary for the costs incurred for which it was otherwise explicitly agreed that the Principal pays separately.
6) If after the termination of the concluded Exclusive Intermediation Agreement the Principal concludes a legal transaction that is a consequence of the Intermediary's action before the termination of the Exclusive Intermediation Agreement, it is obliged to pay the Intermediary the Fee in full, regardless of whether the legal transaction was concluded directly with the Third party or through persons connected with it.
7) If the Principal terminates the Exclusive Intermediation Agreement before the expiry of the period for which it was concluded, it undertakes to compensate the Intermediary for damages due to termination.
8) For the case from the previous paragraph, the amount of compensation for damages is determined in the amount of 3% (three percent) of the Requested price of the real estate, respectively in the amount as determined by the exclusive intermediation agreement, increased by value added tax. The obligation to compensate damages becomes due on the day of termination of the exclusive intermediation agreement by the Principal.
VI. Obligations of the Intermediary
1) The Intermediary is obliged, during intermediation for concluding a purchase and sale agreement, a rental agreement or a lease agreement of real estate, to perform especially the following:1. endeavor to find and bring into connection with the Principal a person for the purpose of concluding the intermediated business,
2. familiarize the Principal with the average market price of a similar real estate,
3. obtain and perform an inspection of the documents proving ownership or other property right over the real estate in question,
4. perform the necessary actions for the representation and presentation of the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon by the real estate intermediation agreement that exceed the usual presentation, for which it has the right to special, pre-stated costs,
5. enable or deny the viewing of real estate, in accordance with the interests of the principal and the professional assessment of the Intermediary, acting with the diligence of a good expert,
6. intermediate in negotiations and endeavor to bring about the conclusion of the agreement, if it has specially committed itself to it,
7. protect the personal data of the Principal and, upon written order of the Principal, keep data about the real estate for which it intermediates or in connection with that real estate or with the business for which it intermediates as a business secret,
8. if the subject of concluding the agreement is land, check the purpose of the land in question in accordance with the regulations on spatial planning relating to that land,
9. notify the Principal of all circumstances important for the intended business that are known to it or must be known to it,
10. familiarize the Principal with the provisions of the regulations governing the prevention of money laundering and terrorism financing, when applicable,
11. act with due diligence in accordance with the rules of the profession and ethical standards.
2) After the concluded purchase and sale agreement, the Intermediary will, if the Principal expresses interest and without additional fee, perform for the Principal as the acquirer of the real estate one or more actions as follows:
- in cooperation with the provider of legal aid services, help the Principal in executing the transfer of ownership in the land registers if the need for the same arises, with the signing of the appropriate power of attorney of the Principal to the provider of legal aid services;
- submit a request to the utility service provider for the registration of the Principal as a new user of services, and exclusively if the Intermediary receives a certified special power of attorney for this from the Principal.
The Intermediary is not liable for any non-fulfillment of obligations agreed between the Principal and the third party, which obligations were assumed by a legal transaction concluded between the Principal and the third party, the subject of which legal transaction is the real estate for which the Intermediary intermediated.
VII. Obligations of the Principal
1) By concluding the Intermediation Agreement with the Intermediary, the Principal assumes the following obligations:
1. inform the Intermediary of all circumstances that are important for performing the intermediation and present accurate and complete data about the real estate and, if in possession, give to the Intermediary for inspection or obtain the location, building or use permit for the real estate that is the subject of the agreement,
2. give to the Intermediary for inspection documents proving its ownership of the real estate, respectively other property right over the real estate that is the subject of the agreement, and warn the Intermediary of all registered and unregistered encumbrances existing on the real estate, as well as obtain appropriate letters of intent / erasure statements in relation to the registered encumbrances at its own expense,
3. give to the Intermediary for inspection the energy certificate for the real estate,
4. familiarize the Intermediary with the fact whether the real estate in question represents the marital property of the Principal and its spouse/common-law partner,
5. enable the Intermediary and the third party to view the real estate,
6. inform the Intermediary of all essential data about the requested real estate, which especially includes the description of the real estate and the price,
7. after concluding the legal transaction, whereby the conclusion of a legal transaction also includes the conclusion of a preliminary agreement, pay the Intermediary the Intermediation Fee,
8. reimburse the Intermediary for costs incurred during the intermediation that exceed the usual intermediation costs,
9. inform the Intermediary in writing of all changes associated with the business for which it authorized the intermediary, and especially of changes associated with the ownership of the real estate.
2) The Principal is not obliged to enter into negotiations for concluding the intermediated business with the Third party found by the Intermediary, nor to conclude the legal transaction. The Principal will be liable to the intermediary for damages if it did not act in good faith in doing so and is obliged to reimburse all costs incurred during the intermediation, which cannot be less than 1/3 nor greater than the agreed Fee for the intermediated business.
3) The Principal will be liable for damages if it acted fraudulently, if it concealed or gave incorrect data essential for the intermediation business with the aim of ending the intermediated business.
VIII. Brokerage Fee
1) The amount of the brokerage fee is determined by the brokerage contract, in accordance with the Broker's valid Price List. The agreed brokerage fee covers the performance of the Broker's regular activities specified in Section VI of these General Terms and Conditions and the Broker's valid Price List.
2) The costs of additional services not covered by regular brokerage activities may be charged only if they have been specifically agreed upon in advance with the Principal, stating the type of service, description of the service, the amount of the cost or the method of its calculation, and the party liable for payment.
3) If a brokerage hourly rate is specifically agreed upon for the additional services from the previous paragraph, the price of the brokerage hourly rate is EUR 100.00 (one hundred euros), with the Broker's right to reimbursement of specifically agreed actual costs incurred in performing these activities.
4) Value added tax is calculated on all fee amounts.
5) In connection with brokerage for the same real estate, the Broker may charge a brokerage fee from the Principal and from a third party who becomes a principal, provided that a separate brokerage contract has been concluded with each party. The Broker may not charge a brokerage fee from a third party who acquires the role of a buyer, lessee, or other party in a legal transaction, and has not concluded a brokerage contract with the Broker.
6) If the Broker has a concluded brokerage contract for the same real estate with two principals, and it is agreed in those contracts that the brokerage fee is paid by both contracting parties, the total amount of the brokerage fee collected from both principals for the same real estate may not exceed the highest amount of the brokerage fee determined by the valid price list at the time of concluding those brokerage contracts.
7) If the Broker has a concluded brokerage contract for the same real estate with two principals, and it is agreed in those contracts that the brokerage fee is paid by only one contracting party, the Broker may charge that contracting party a brokerage fee exclusively up to a maximum of half the amount of the brokerage fee determined by the valid price list at the time of concluding that brokerage contract.
8) Prior to concluding the brokerage contract, the Broker is obliged to inform the contracting parties in writing of the amount of individual brokerage fees and their total amount.
9) In the event that the concluded legal transaction includes the conclusion of a preliminary contract by which the Principal and the Third Party have undertaken to conclude the main contract regarding the real estate that is the subject of brokerage, and which preliminary contract provides for the payment of a down payment (earnest money) and/or a part of the agreed purchase price prior to the conclusion of the main purchase contract, the Principal undertakes to pay the brokerage fee to the Broker in two equal parts, the first of which falls due on the day of payment of the down payment and/or part of the agreed purchase price, and the second on the day of conclusion of the main contract, i.e., on the day of expiry of the deadline set by the preliminary contract for the conclusion of the main contract.
10) In the event that the concluded legal transaction includes the conclusion of a preliminary contract by which the Principal and the Third Party have undertaken to conclude the main contract regarding the real estate that is the subject of brokerage, but which does not provide for the payment of a down payment (earnest money) and/or a part of the agreed purchase price prior to the conclusion of the main purchase contract, the Principal undertakes to pay the brokerage fee to the Broker in full on the day of payment of the agreed purchase price, i.e., on the day of expiry of the deadline determined by the preliminary contract / main contract for the payment of the agreed purchase price.
11) In the event that the concluded legal transaction exclusively includes the conclusion of the main contract regarding the real estate that is the subject of brokerage, and which contract provides for the payment of a down payment (earnest money) and/or payment of the agreed purchase price in installments, the Principal undertakes to pay the brokerage fee to the Broker in two equal parts, the first of which falls due on the day of payment of the down payment and/or the first installment of the agreed purchase price, and the second on the day of payment of the agreed purchase price in full, i.e., on the day of expiry of the deadline determined by the main contract for the payment of the agreed purchase price.
12) In the event that the concluded legal transaction exclusively includes the conclusion of the main contract regarding the real estate that is the subject of brokerage, and which contract provides for a one-time payment of the agreed purchase price, the Principal undertakes to pay the brokerage fee to the Broker in full on the day of payment of the agreed purchase price, i.e., on the day of expiry of the deadline determined by the main contract for the payment of the agreed purchase price.
13) The withdrawal of the Principal or the Third Party with whom the Principal has concluded a preliminary contract regarding the real estate that is the subject of brokerage, as well as the withdrawal of the Principal or the person with whom the Principal has concluded a contract regarding the real estate that is the subject of brokerage from the performance of the concluded contract, do not affect the obligation of the Principal to pay the Broker the brokerage fee in the amount and in the manner determined by this Article and the concluded brokerage contract.
14) The Principal is obliged to pay the Fee even when they have concluded a legal transaction with a Third Party, indicated to them by the Broker and with whom the Broker brought them into contact, which is different from the one for which brokerage was provided, but by which the same purpose is achieved as by the brokered transaction, or the subject of which legal transaction is the real estate that is the subject of brokerage.
15) The Broker is considered to have enabled the Principal to enter into contact with a Third Party if the Broker has:
- directly taken or directed the Principal to view the subject real estate, or
- organized a meeting between the Principal and the Third Party for the purpose of negotiating the conclusion of a legal transaction, or
- communicated to the Principal the first and last name, or the company name, phone number, fax number, e-mail address of the Third Party authorized to conclude a legal transaction, or communicated the exact location of the requested real estate, or in any other way enabled the entry into negotiations or the conclusion of a legal transaction between the Principal and the Third Party.
16) Bringing into contact does not necessarily have to include a physical viewing of the real estate, and general advertising of the real estate alone without a specific connection between the Principal and the Third Party is not in itself considered sufficient for the entitlement to the Fee to arise. Bringing into contact can be proven by the Broker's business records, CRM records, e-mail communication, telephone calls, sent offers, and other business records.
17) After the termination of the Contract, the Broker is entitled to a fee if the Principal concludes a legal transaction with the Third Party or a person connected to them, which is a consequence of the broker's actions before the termination of the Brokerage Contract.
18) If, during the negotiations or the conclusion of the brokered transaction, the Principal withdraws from concluding the legal transaction, the mere fact of withdrawal does not create an obligation to pay the Fee in full, unless the right to the Fee has arisen in accordance with the Contract, these General Terms, and valid regulations. If the Principal did not act in good faith in doing so, the Broker has the right to compensation for damages and costs incurred in accordance with valid regulations and these General Terms.
19) The Broker 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, their spouse or common-law partner, descendant, or parent is the founder or legal representative, or with which they have concluded an employment contract or a service contract, concludes the brokered legal transaction with the person with whom the Broker brought the Principal into contact.
20) The Broker is also entitled to the Fee in the event that the Principal disposes of the real estate that is the subject of brokerage in any way towards one of the persons specified in the previous paragraph, and that person, after such disposal, concludes the brokered legal transaction or a transaction achieving the same purpose as the brokered transaction with the Third Party or one of the persons from the previous paragraph so connected with the Third Party or a person connected to them.
IX. Price List
1) The valid Price List of brokerage fees of the Broker forms an integral part of these General Terms and Conditions, as its Annex 1, and of the Brokerage Contract, and is applied in the version valid at the time of concluding the Brokerage Contract, with the indicated date and year of application.
2) The amount of the brokerage fee, the minimum amount of the brokerage fee, the party or parties liable for payment of the brokerage fee, the services included in the brokerage fee, the highest total amount of the brokerage fee in the case of brokerage for both parties, and the rules on additional services and special costs are determined by the valid Price List of the Broker.
3) The Price List must be presented to the Principal prior to concluding the Brokerage Contract and signed by the Broker and the Principal, or by the Third Party when they conclude a separate brokerage contract with the Broker.
4) The Broker may not charge a brokerage fee from a Third Party who acquires the role of a buyer, lessee, tenant, or other acquirer of rights in a legal transaction, if they have not concluded a separate brokerage contract with that person.
X. Advertising and Viewing of Real Estate
1) The Broker may not advertise a real estate without a previously concluded Brokerage Contract with the owner of the real estate or another authorized Principal.
2) If the Broker, based on a brokerage contract with the Principal, advertises a real estate on the market, the Broker may not condition the viewing of that real estate to a third party upon the prior signing of a brokerage contract.
3) During the viewing of the real estate through the Broker, a viewing confirmation is signed, by which the Broker or the Agent proves to the Principal that they have shown the real estate to third parties.
4) The signing of a real estate viewing confirmation is not considered a brokerage contract and may not contain provisions by which a third party undertakes to pay a brokerage fee.
XI. Protection of Personal Data
1) By concluding the Brokerage Contract, the Principal confirms that the Broker has informed them that the Broker, as the personal data controller, collects and processes the personal data of the Principal for the purpose and needs of: (i) performing this Contract, (ii) maintaining business relations with the Principal, and (iii) in order to fulfill its legal obligations. performing the Brokerage Contract and for the purpose of maintaining a good business relationship with the Principal.
2) The Broker is obliged to handle the personal data of the Principal in accordance with the regulations governing the field of personal data protection, in particular in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Act on the Implementation of the General Data Protection Regulation ("Narodne novine" No. 42/18).
3) The Principal, in the capacity of a data subject, may request from the Broker, in the capacity of a personal data controller, the exercise of all rights as a data subject in accordance with the applicable legal regulations governing the field of personal data protection.
4) The Broker will handle the personal data of the Principal in accordance with all applicable legal regulations, applying appropriate physical, technical, and other security measures to protect personal data from unauthorized access, misuse, disclosure, loss, or destruction.
5) By signing the Contract, the Principal confirms that they are familiar with the Information on the processing of personal data of clients of Opereta ltd, which is located on the Broker's website www.opereta.hr, and that in the mentioned Information on the processing of personal data of clients they can find all details about the method, purposes, legal bases for the processing of their personal data by the Broker, the rights belonging to them in connection with the processing of personal data, the contact details of the data protection officer, and other information provided to the data subject in accordance with the rules of the General Data Protection Regulation.
XII. Final Provisions
For everything that is not explicitly determined by these General Terms and Conditions, the Real Estate Brokerage Act, the Civil Obligations Act, and other corresponding legal regulations shall apply.
These General Terms and Conditions of Business shall enter into force and begin to apply on July 7, 2026, whereby all previous General Terms and Conditions of Business of Opereta ltd, as well as all their amendments and supplements, are fully revoked and put out of force.
OPERETA ltd for real estate transactions
Božidara Magovca 63, Zagreb
OIB: 24059421894
Applicable as of: July 10, 2026
ANNEX 1 - PRICE LIST OF BROKERAGE FEES
This Price List forms an integral part of the Real Estate Brokerage Contract concluded between Opereta ltd, as the Broker, and the Principal.
All brokerage fee amounts stated in this Price List shall be increased by value added tax.
The brokerage fee is agreed upon in the Brokerage Contract, in accordance with this Price List and the valid Real Estate Brokerage Act.
I. PRICE LIST FOR THE PURCHASE, SALE, LEASE, AND RENTAL OF REAL ESTATE
1. Sale of Real Estate
The brokerage fee for the sale of real estate is charged from the seller, provided that the seller is the Broker's Principal.
Type of Service | Brokerage Fee |
Real estate sales brokerage | up to 6% of the agreed purchase price, minimum EUR 1,000.00 |
2. Purchase of Real Estate
The brokerage fee for the purchase of real estate is charged from the buyer, provided that the buyer is the Broker's Principal.
Type of Service | Brokerage Fee |
Real estate purchase brokerage | up to 6% of the agreed purchase price, minimum EUR 1,000.00 |
3. Rental and Leasing out (Landlord / Lessor)
The brokerage fee is charged from the landlord or lessor, provided that the landlord or lessor is the Broker's Principal.
Duration of Rent / Lease | Brokerage Fee |
| Rent or lease shorter than 6 months | 75% of one monthly rent / lease payment |
| Rent or lease from 6 to 59 months | 100% of one monthly rent / lease payment |
| Rent or lease of 60 months and longer | 150% of one monthly rent / lease payment |
4. Renting and Leasing in (Tenant / Lessee)
The brokerage fee is charged from the tenant or lessee, provided that the tenant or lessee is the Broker's Principal.
Duration of Rent / Lease | Brokerage Fee |
| Rent or lease shorter than 6 months | 75% of one monthly rent / lease payment |
| Rent or lease from 6 to 59 months | 100% of one monthly rent / lease payment |
| Rent or lease of 60 months and longer | 150% of one monthly rent / lease payment |
Note: The highest total amount of the brokerage fee that the Broker may charge from both principals for the same real estate, in the case of brokerage for both sides, is determined in Chapter III of this Price List.
II. SERVICES INCLUDED IN THE BROKERAGE FEE
The brokerage fee includes regular brokerage services performed by the Broker in accordance with the Brokerage Contract, the General Terms and Conditions, and the valid Real Estate Brokerage Act, in particular:
- endeavoring to find and bring into contact the Principal with a third party for the purpose of concluding the brokered legal transaction,
- informing the Principal of market conditions and available comparable prices of similar real estate, i.e., the average market price for the sale, purchase, rent, or lease of a similar real estate,
- obtaining and/or inspecting available documents proving ownership or other real rights on the real estate,
- preparing the presentation of the real estate,
- representing the real estate on the market and advertising the real estate in an appropriate manner, when applicable considering the type of brokerage,
- communicating with interested parties,
- organizing and conducting real estate viewings, i.e., allowing or denying real estate viewings in accordance with the interests of the Principal and the professional judgment of the Broker,
- participating in negotiations and endeavoring to achieve the conclusion of the brokered legal transaction, if the Broker has specifically undertaken to do so,
- informing the Principal of circumstances important for the intended legal transaction that are known or must be known to the Broker,
- safeguarding the personal data of the Principal,
- keeping as a business secret, upon the written order of the Principal, data about the real estate, data related to the real estate, or data related to the business for which the Broker provides brokerage services,
- if the subject of brokerage is land, verifying the purpose of the land in accordance with spatial planning regulations,
- informing the Principal of obligations relating to the implementation of measures for the prevention of money laundering and terrorist financing, when applicable,
- acting with the care of a diligent professional, in accordance with the rules of the profession and ethical standards.
In the case of a real estate purchase, if the Principal as the acquirer of the real estate expresses interest and if the necessary prerequisites are met, the Broker may, without additional fee, assist in organizing activities related to the execution of the transfer of ownership in the land registers, in cooperation with a legal aid provider and with the appropriate power of attorney from the Principal.
In the case of a purchase, rent, or lease, if the Principal expresses interest and if the Broker receives the necessary documentation and the appropriate power of attorney, the Broker may, without additional fee, assist in organizing the change of the utility service user, to the extent possible within the scope of the Broker's regular business operations.
III. BROKERAGE FOR BOTH PARTIES
The Broker may provide brokerage services for both contracting parties for the same real estate only if a separate brokerage contract has been concluded with each party. The Broker may not charge a brokerage fee from a buyer, lessee, tenant, or other third party if they have not concluded a separate brokerage contract with that person.
1. Highest total amount of the brokerage fee for purchase, sale, and exchange
The highest total amount of the brokerage fee that the Broker may charge from both principals for the same real estate in the case of a sale, purchase, or exchange amounts to a maximum of:
- 12% of the agreed purchase price of the real estate, i.e., the value of the legal transaction, increased by VAT.
If the Broker has a concluded brokerage contract for the same real estate with two principals, and it is agreed in those contracts that the brokerage fee is paid by both contracting parties, the total amount of the brokerage fee collected from both principals for the same real estate may not exceed the highest total amount of the brokerage fee determined by this Price List.
If the Broker has a concluded brokerage contract for the same real estate with two principals, but it is agreed that the brokerage fee is paid by only one contracting party, the Broker may charge that party a brokerage fee up to a maximum of half of the highest total amount of the brokerage fee determined by this Price List, i.e., a maximum of 6% of the agreed purchase price of the real estate, i.e., the value of the legal transaction, increased by VAT.
2. Highest total amount of the brokerage fee for rent and lease
The highest total amount of the brokerage fee that the Broker may charge from both principals for the same real estate in the case of a rent or lease amounts to a maximum of:
- 300% of one monthly rent or lease payment, increased by VAT.
If the Broker has a concluded brokerage contract for the same real estate with two principals, and it is agreed in those contracts that the brokerage fee is paid by both contracting parties, the total amount of the brokerage fee collected from both principals for the same real estate may not exceed the highest total amount of the brokerage fee determined by this Price List.
If the Broker has a concluded brokerage contract for the same real estate with two principals, but it is agreed that the brokerage fee is paid by only one contracting party, the Broker may charge that party a brokerage fee up to a maximum of half of the highest total amount of the brokerage fee determined by this Price List, i.e., a maximum of 150% of one monthly rent or lease payment, increased by VAT.
IV. ADDITIONAL SERVICES AND SPECIAL COSTS
The brokerage fee covers the regular brokerage services specified in this Price List, the Brokerage Contract, and the General Terms and Conditions of Business of the Broker. The costs of additional services not covered by regular brokerage activities may be charged only if they have been specifically agreed upon in advance with the Principal, stating the type of service, the amount of the cost, and the party liable for payment.
The brokerage fee does not include the costs of attorney, notary public, tax, translation, technical, architectural, construction, geodetic, appraisal, banking, or other professional services and costs of third parties, nor does it include fees, charges, and costs of public authorities, unless explicitly agreed otherwise.