Croatia's real estate brokerage law changed significantly in 2023, with the new rules taking effect in 2024. The core change affects foreign buyers directly: agents can now only charge a buyer's commission if there is a written brokerage agreement signed by the buyer. Without that agreement, the buyer owes nothing — regardless of how much the agent has helped. This sounds like good news, and in principle it is, but it also created new risks around what you are asked to sign at viewings.
What the law changed
Before the 2024 rules, it was common practice in Croatia for agents to charge both buyer and seller — collecting commission from both sides of a transaction, sometimes without being transparent about it. The new law (Zakon o posredovanju u prometu nekretninama) introduced three significant changes:
- Written agreement required for buyer commission. An agent can only charge the buyer a brokerage fee if the buyer has signed a written buyer representation agreement (ugovor o posredovanju s kupcem). Verbal arrangements are unenforceable.
- Commission rate cap. The total commission charged across both sides of a transaction — buyer and seller combined — is capped. The seller's agent is obligated to disclose to both parties who is paying what.
- Conflict of interest disclosure. Agents who represent both buyer and seller in the same transaction (dual agency) must disclose this to both parties in writing.
The practical upshot for buyers
If you view a property through an agent and do not sign a buyer representation agreement, you owe that agent nothing. The seller pays their commission. This is the default position — and it protects you from unexpected bills.
The risk — what you might be signing
The problem is not the law itself — it is what happens in practice. Agents have adapted. Some now present documents at viewings that look like viewing confirmations, registration forms or pre-sale information sheets, but which contain a clause triggering a buyer brokerage agreement. Foreign buyers who do not read Croatian carefully are particularly exposed.
Never sign anything at a viewing without reading it
This applies to every document an agent puts in front of you — regardless of how it is described verbally. A "viewing confirmation," "registration form" or "property information sheet" may contain a brokerage clause that commits you to paying commission. If in doubt, do not sign until your lawyer has reviewed it.
Before vs after 2024 — key differences
Before 2024
- Agents could claim buyer commission based on verbal arrangement or implied agreement
- Dual agency (representing both sides) was common and not always disclosed
- No statutory cap on combined commission across both sides
- Buyers frequently did not know what they were paying or to whom
After 2024
- Buyer commission only enforceable with signed written agreement
- Dual agency must be disclosed in writing to both parties
- Commission structure must be transparent
- Buyers have a clear basis to refuse commission without a written agreement
Should you sign a buyer representation agreement?
There are situations where signing a buyer representation agreement makes sense — and situations where it does not.
It makes sense if: the agent is genuinely working on your behalf, has access to off-market properties, is providing property sourcing rather than just showing you their listings, and the agreed commission reflects the value they are adding to your search.
It does not make sense if: you are simply viewing a property the agent is listing for the seller. In this case, the seller pays the agent. You are not the agent's client — the seller is. Signing a buyer representation agreement in this scenario would mean paying twice for the same service (from your side), since the agent is already being compensated by the seller.
The most common scenario
In the majority of Croatian property transactions, the buyer views a property through the seller's agent, agrees a price and proceeds without signing a separate buyer representation agreement. The seller pays the agent. The buyer pays nothing in commission. This is entirely legal and the default outcome of the 2024 law.
Agents still represent the seller
The 2024 law improved transparency and strengthened buyer protections against unexpected commission charges. It did not change the fundamental dynamic: Croatian estate agents are typically appointed by — and work for — the seller. Their job is to achieve the best possible price for the seller. Being shown a property by a friendly, helpful agent does not change this.
The practical implication: do not rely on the agent for price guidance. Do not ask the agent "is this price fair?" — they are not positioned to give you an honest answer. An independent market analysis tells you what the property is worth relative to actual transaction data, what deal killers exist and what opening offer to make.
The agent works for the seller. Independent analysis works for you.
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Practical checklist for buyers
- Never sign anything at a viewing without reading it in full. If you cannot read Croatian, either take a Croatian-reading companion or ask for time to have the document translated before signing.
- Ask explicitly before any viewing: "Is there a buyer representation agreement involved in this? Am I expected to pay any commission?" Get the answer in writing or email if possible.
- If you want representation, agree the terms in writing before the agent shows you anything — not after you have seen properties you like.
- Keep records. If you pay a commission, get an invoice. If you decide not to sign an agreement, keep a note of that decision.
- Have your lawyer review any document you are asked to sign in connection with a property transaction — including ones that look informal.
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