Who Pays the Agency Fee When Buying or Selling a Property?

“The buyer always pays the agency fee.” “The seller always pays it.” Both sound like simple rules, but under Croatia’s Real Estate Brokerage Act, the answer depends on the brokerage agreement.

At ANINDOL Nekretnine, the fee is paid by the party that engages us and signs a written brokerage agreement with us. That may be the seller, the buyer or, subject to separate agreements and legal limits, both parties. Buying a property that we have advertised does not, by itself, create an obligation to pay us an agency fee.

When does the seller pay the agency fee?

If a seller engages us to broker the sale of their property and signs an agreement with us, the seller is our client under that agreement. The agreement specifies the fee, and the price list in effect when it is signed forms part of it.

We cannot charge a buyer a fee simply because they responded to the listing, viewed the property or eventually bought it.

When does the buyer pay the agency fee?

A buyer may engage an agency to find a suitable property and assist with the purchase. If the buyer signs a separate written brokerage agreement with ANINDOL Nekretnine, they also become our client. Their obligation to pay arises from that agreement, under the terms stated in it.

That is different from a buyer who merely calls about a listing, asks questions or views a property that we are selling on the owner’s behalf.

“A property viewing cannot be made conditional on signing a brokerage agreement first. A viewing confirmation is not a brokerage agreement and must not include an obligation to pay an agency fee.”

Can both the seller and the buyer pay a fee?

Yes, but only if the agency has signed a separate brokerage agreement with each party.

For the same property, the law also limits the total amount that may be charged to both parties in relation to the maximum fee set out in the applicable price list.

If both parties have signed brokerage agreements but only one has agreed to pay the fee, a separate limit applies to the amount that can be charged to that party.

Before the agreements are signed, the agency must inform the parties in writing of their individual fees and the total amount.

The key questions to ask before signing are: whom is the agency representing in this transaction, who pays the fee and what is the total amount?

When does the agency become entitled to the fee?

Under the law, a broker becomes entitled to the fee after the agreement they brokered has been concluded, unless the brokerage agreement states that entitlement arises when a preliminary contract is signed.

The broker may not demand partial or full payment of the fee in advance, before that agreed point.

Additional services outside the scope of standard brokerage may be charged at their actual cost only if they have been agreed separately.

What can you expect from ANINDOL Nekretnine before working with us?

Before signing, you should know which services you are agreeing to, the amount of the fee, who pays it, when it becomes payable and whether any additional costs have been agreed separately.

These details belong in the written agreement and the applicable price list. You should not have to reconstruct them from a conversation after the sale.

Our approach is simple: the agency fee is tied to a clear instruction, an agreed service and terms you know in advance.

If you are buying or selling a property and would like to know how our brokerage service would work in your case, contact us at nekretnine@anindol.hr.

This article is based on Croatia’s Real Estate Brokerage Act (Official Gazette 69/2026). The specific fee and payment terms are set out in the applicable price list and the individual brokerage agreement.

This text was translated with the assistance of AI tools.