Real Estate Agency Commission in the Republic of Croatia – When Does It NOT Have to Be Paid?

21/02/2026

Intro

Buying or selling property in the Republic of Croatia often involves cooperation with a real estate agency. However, one of the most common questions asked by buyers and sellers is:

When does a real estate agency commission NOT have to be paid in Croatia?

It is important to understand that commission is not automatically payable. The obligation to pay usually depends on the existence of a written brokerage agreement, whether the agency actually facilitated the transaction, and the specific contractual provisions (e.g. protection clause, exclusivity).

What Is a Real Estate Agency Commission Under Croatian Law?

A real estate agency commission is a fee paid to a broker (agency/agent) for mediating the conclusion of a legal transaction, most commonly a sale and purchase agreement or a lease agreement.

In practice, commission generally becomes due when the main contract is concluded – meaning when the brokerage activity has resulted in an actual legal transaction.

Practical rule: If there is no written brokerage agreement, or if the transaction has not been concluded, there is often no legal basis for claiming commission. However, each case depends on the specific documents and circumstances.

When Does a Real Estate Commission NOT Have to Be Paid in Croatia?

1) If No Written Brokerage Agreement Was Signed

This is one of the most common sources of disputes. If you did not sign a brokerage agreement with the agency, there is generally no contractual obligation to pay commission.

Viewing a property does not automatically create a payment obligation.
Receiving an offer by email or seeing an advertisement is not sufficient by itself.
It is crucial to check whether you signed any document, including a “property viewing confirmation”.

2) If the Brokerage Did Not Result in a Concluded Contract

Even where a brokerage agreement exists, commission is usually tied to the result – the successful conclusion of a sale or lease agreement. If negotiations failed and no contract was signed, commission is often not payable.

3) If You Found the Buyer Yourself (Non-Exclusive Agreement)

In the case of a non-exclusive brokerage agreement, you may not be required to pay commission if you independently found the buyer without a causal link to the agency’s actions.

However, particular attention should be paid to the protection clause, as many agreements provide that commission is owed if the transaction is concluded with a person introduced by the agency.

4) If the Agency Claims Commission from the Buyer Without a Contract

In Croatia, agencies sometimes attempt to charge commission to buyers. As a rule, charging the buyer requires a contract or another clear legal basis between the buyer and the broker.

If the buyer has not signed a brokerage agreement, the legal basis for commission must be carefully examined.

5) If There Are Irregularities in the Agency’s Conduct

Real estate brokers in Croatia are required to comply with statutory and professional obligations. Serious irregularities or breaches may be relevant when assessing the legitimacy of a commission claim. This always depends on the specific facts and documentation.

Common Triggers for Disputes: Protection Clause, Viewing Confirmation & Dual Commission

Protection clause: Commission may be claimed even after termination of the agreement if the contract is concluded with a person introduced by the agency.
Viewing confirmation: Some property viewing forms contain provisions similar to a brokerage agreement – always read before signing.
Dual commission: Agencies sometimes charge both seller and buyer – it is essential to determine who is the contractual principal and whether separate agreements exist.

How to Protect Yourself When Dealing with a Real Estate Agency in Croatia

Request the brokerage agreement in advance and review who pays commission, when it becomes due, and the percentage/amount.
Check exclusivity clauses carefully.
Pay attention to the protection clause (duration and scope).
Do not sign viewing confirmations without reading them thoroughly.
Keep written communication (emails, messages, listings, viewing records).

FAQ – Real Estate Agency Commission in Croatia

Is a real estate commission always payable in Croatia?
No. It depends on the written agreement, the party’s role (buyer/seller), and whether the brokerage resulted in a concluded contract.

Can an agency in Croatia charge commission to a buyer?
Yes, but generally only if there is a contract or another valid legal basis.

What if an agency demands commission but I signed nothing?
It is crucial to review whether any document was signed (including viewing confirmations) and assess its legal effect.

Need Legal Assistance Regarding a Real Estate Agency in Croatia?

If you have questions about real estate brokerage agreements in the Republic of Croatia, wish to determine whether you are obliged to pay a commission, or need legal protection before buying or selling property in Croatia – contact us.

Our law office provides legal assistance in reviewing brokerage agreements, assessing commission claims, negotiating terms, and representing clients in disputes.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. A specific case requires a detailed review of documentation and circumstances.

Do you have any more questions?

A representative from our office will get back to you as soon as possible.