[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"settings":3,"blog-meta-en":70,"blog-pravo-prvokupa-u-kupoprodaji-nekretnina-sto-znaci-i-kako-funkcionira-en":84},{"siteName":4,"siteUrl":5,"defaultLocale":6,"contact":7,"social":14,"footer":16,"navigation":20,"mapEmbedUrl":47,"contactPresets":48},"Odvjetnički ured Luka Mrkić","https://lukamrkic.hr","hr",{"phones":8,"email":11,"address":12,"addressLink":13},[9,10],"+385 23 701 888","+385 95 7009 342","odvjetnik@lukamrkic.hr","Zrinsko-Frankopanska 38, 23000 Zadar, Hrvatska","https://maps.google.com/?q=Zrinsko-Frankopanska+38+Zadar",{"linkedin":15,"facebook":15,"instagram":15},"",{"legalText":17,"copyrightText":18,"creditText":19},"Odvjetnički ured Luka Mrkić pruža visokokvalitetne pravne usluge s naglaskom na individualni pristup svakom klijentu.","© 2025 Odvjetnički ured Luka Mrkić. Sva prava pridržana.","Web by CodeRed",{"main":21,"footer":41},[22,25,28,32,35,38],{"label":23,"url":24},"Početna","/",{"label":26,"url":27},"O nama","/o-nama",{"label":29,"url":30,"children":31},"Područja prakse","/podrucja-prakse",[],{"label":33,"url":34},"Naš tim","/nas-tim",{"label":36,"url":37},"Objave","/objave",{"label":39,"url":40},"Kontakt","/kontakt",[42,43,44,45,46],{"label":26,"url":27},{"label":29,"url":30},{"label":33,"url":34},{"label":36,"url":37},{"label":39,"url":40},"https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2879.5!2d15.2388472!3d44.1076802!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x4761fa8a60de4bed%3A0x1265bebba2680f68!2sUl.%20Zrinsko%20Frankopanska%2038%2C%2023000%2C%20Zadar!5e0!3m2!1sen!2shr!4v1706300000000!5m2!1sen!2shr",{"hr":49,"en":56,"de":63},{"meeting":50,"email":53},{"subject":51,"message":52},"Zahtjev za online sastanak","Poštovani,\n\nŽelio/željela bih dogovoriti online sastanak radi pravnog savjetovanja.\n\nDostupan/dostupna sam putem platforme Zoom ili Microsoft Teams.\nPreferirana vremena: [unesite okvirno vrijeme dostupnosti]\n\nKratki opis predmeta:\n[opišite ukratko o čemu se radi]\n\nS poštovanjem,",{"subject":54,"message":55},"Upit za pravno savjetovanje","Poštovani,\n\nObraćam Vam se s upitom vezanim za:\n[opišite predmet upita]\n\nOsnovne informacije:\n[navedite relevantne podatke]\n\nMolim Vas za povratnu informaciju.\n\nS poštovanjem,",{"meeting":57,"email":60},{"subject":58,"message":59},"Online meeting request","Dear Sir/Madam,\n\nI would like to schedule an online meeting for legal counseling.\n\nI am available via Zoom or Microsoft Teams.\nPreferred times: [enter your approximate availability]\n\nBrief description of the matter:\n[briefly describe what it is about]\n\nKind regards,",{"subject":61,"message":62},"Legal counseling inquiry","Dear Sir/Madam,\n\nI am contacting you regarding:\n[describe the subject of your inquiry]\n\nBasic information:\n[provide relevant details]\n\nI look forward to your response.\n\nKind regards,",{"meeting":64,"email":67},{"subject":65,"message":66},"Anfrage für Online-Meeting","Sehr geehrte Damen und Herren,\n\nich möchte ein Online-Meeting zur Rechtsberatung vereinbaren.\n\nIch bin über Zoom oder Microsoft Teams erreichbar.\nBevorzugte Zeiten: [geben Sie Ihre ungefähre Verfügbarkeit an]\n\nKurze Beschreibung der Angelegenheit:\n[beschreiben Sie kurz, worum es geht]\n\nMit freundlichen Grüßen,",{"subject":68,"message":69},"Anfrage zur Rechtsberatung","Sehr geehrte Damen und Herren,\n\nich wende mich an Sie bezüglich:\n[beschreiben Sie den Gegenstand Ihrer Anfrage]\n\nGrundinformationen:\n[geben Sie relevante Daten an]\n\nIch freue mich auf Ihre Rückmeldung.\n\nMit freundlichen Grüßen,",{"title":71,"subtitle":72,"seo":73,"categories":77},"Blog","Latest news, publications and professional analyses from the field of law.",{"title":74,"description":75,"ogImage":76},"Blog | Law Office Luka Mrkić","Latest legal news, publications and professional analyses. Law Office Luka Mrkić, Zadar, Croatia.","/assets/og-blog.jpg",[78,81],{"id":79,"label":80},"novosti","News",{"id":82,"label":83},"publikacije","Publications",{"id":85,"slug":85,"title":86,"excerpt":87,"content":91,"category":79,"author":183,"publishedAt":184,"featuredImage":185,"tags":186,"seo":187,"published":190},"pravo-prvokupa-u-kupoprodaji-nekretnina-sto-znaci-i-kako-funkcionira","Pre-emption Right in Real Estate Purchase Agreements – What It Means and How It Works?",[88,89,90],"The purchase of real estate in Croatia often involves specific contractual provisions that can significantly affect the rights of the buyer and the seller. One of the most important is the right of pre-emption.","Below we explain the rules that apply to a sales contract in which a contractual clause on the right of pre-emption obliges the buyer to inform the seller of the intended sale of the item to a specified person, as well as the conditions of that sale, and to offer him the opportunity to purchase the same item under equal conditions and at the same price.","We place special emphasis on how the right of pre-emption functions in practice and what the legal consequences are if this right is not respected.",[92,95,96,97,98,100,102,104,106,108,110,112,114,116,118,120,122,124,126,128,130,132,134,136,138,139,141,143,145,147,149,150,152,154,156,158,160,162,164,166,168,169,171,173,175,177,179,181],{"type":93,"text":94},"paragraph","\u003Cstrong>Pre-emption Right in Real Estate Purchase Agreements – What It Means and How It Works?\u003C/strong>",{"type":93,"text":88},{"type":93,"text":89},{"type":93,"text":90},{"type":93,"text":99}," ",{"type":93,"text":101},"\u003Cstrong>General on the Sales Contract\u003C/strong>",{"type":93,"text":103},"By a sales contract, the seller undertakes to transfer ownership of the item to the buyer, and the buyer undertakes to pay the agreed price. If the subject of the sale is a right, the seller undertakes to procure that right for the buyer, and when the exercise of its content requires possession of a thing, to deliver the thing as well.",{"type":93,"text":105},"From the above it follows that the sales contract is a consensual contract because it is created by the agreement of the parties’ wills.",{"type":93,"text":107},"Given that there is an obligation of the seller to transfer the item to the buyer in ownership or procure a right for the buyer, as well as the obligation of the buyer to pay the price, the sales contract is a bilateral obligational legal transaction. The buyer’s obligation to pay the seller the price for the sold item or right makes the sales contract a onerous contract.",{"type":93,"text":109},"Furthermore, the sales contract is, in principle, an informal contract, which means that for its validity no special form is generally required, unless otherwise prescribed by law.",{"type":93,"text":111},"In addition to general sales, the Law on Obligations also recognizes special variants of the sales contract, i.e. sales with special clauses.",{"type":93,"text":113},"In such sales we distinguish: sale with a right of pre-emption, purchase on approval (trial), sale by sample or model, sale by specification, sale with retention of ownership rights, and sale with installment payment of the price.",{"type":93,"text":115},"As follows from the title itself, this article deals with the sales contract with a right of pre-emption, i.e. the contractual right of pre-emption as regulated by the Law on Obligations.",{"type":93,"text":117},"\u003Cstrong> \u003C/strong>",{"type":93,"text":119},"\u003Cstrong>On the Sales Contract with a Right of Pre-emption\u003C/strong>",{"type":93,"text":121},"The right of pre-emption, whether acquired on the basis of a contract or by law, grants the person in whose favor it is established the right to purchase the item or right before all others, at the price and under the same conditions under which it would be purchased by a third party.",{"type":93,"text":123},"A contractual clause on the right of pre-emption obliges the buyer to inform the seller of the intended sale of the item to a specified person, as well as of the conditions of that sale, and to offer him the opportunity to purchase the item for the same price.",{"type":93,"text":125},"A contractual clause on the right of pre-emption may be contained in the sales contract itself between the seller and the buyer, but it may also be contained in a separate contract subsequently concluded between those parties.",{"type":93,"text":127},"In addition to being based on contract, the right of pre-emption may also be acquired on the basis of law (a right of pre-emption whose source is a direct statutory norm).",{"type":93,"text":129},"Special laws providing for the establishment of the right of pre-emption in favor of certain persons are the following: the Act on the Protection and Preservation of Cultural Property, Act on Nature Protection, Islands Act, Physical Planning and Construction Act, Act on Compensation for Property Taken During the Yugoslav Rule).",{"type":93,"text":131},"When speaking of the right of pre-emption acquired on a contractual basis, it ceases upon the expiry of five years from the conclusion of the contract, unless it is agreed that it will cease earlier. In the event that a longer period is agreed, it is reduced to a period of five years.",{"type":93,"text":133},"These are rules from the Law on Obligations that are mandatory in nature, which means that the contracting parties cannot agree on a duration of the pre-emption right longer than five years, and if they nevertheless do so, such a contractual provision will be null and void to the extent that the agreed duration exceeds five years. An exception to this rule are cases in which the right of pre-emption is agreed in a commercial contract, contract for the sale of shares, business shares or interests in a company, in which case it is possible to agree a right of pre-emption for a period longer than five years.",{"type":93,"text":135},"However, if in a commercial contract, contract for the sale of shares, business shares or interests in a company the duration of the pre-emption right is not agreed, it ceases after five years from the conclusion of the contract in accordance with the law itself. On the other hand, the duration of the statutory right of pre-emption is generally not limited.",{"type":93,"text":137},"It may be limited by the provisions of a special law establishing the right of pre-emption, and in any case it is limited by the period of application of such a special law.",{"type":93,"text":117},{"type":93,"text":140},"\u003Cstrong>Exercising the Right of Pre-emption\u003C/strong>",{"type":93,"text":142},"As stated above, the buyer is obliged to notify the seller of the intended sale of the item or right to a specified person, as well as the conditions of that sale, and to offer him the opportunity to purchase that item or right for the same price.",{"type":93,"text":144},"In doing so, the buyer must refrain from selling the item or right to a third party under conditions of which he has not informed the seller, as well as from selling before the expiry of the period in which the seller may declare that he will exercise the right of pre-emption.",{"type":93,"text":146},"After the seller receives the notification of the intended sale, he is obliged – if he wishes to exercise the right of pre-emption – to inform the buyer in a reliable manner of his decision within one month. If he fails to do so within the stated period, the right of pre-emption ceases.",{"type":93,"text":148},"At the same time as declaring that he is purchasing the item, the seller is obliged to pay the price agreed with the third party or deposit it with the court, or with a legally authorized person (notary public). If the contract with the third party provides a deadline for payment of the price, the seller may use that deadline only if he provides appropriate security.",{"type":93,"text":99},{"type":93,"text":151},"\u003Cstrong>Right of Pre-emption in Enforcement and Forced Sales\u003C/strong>",{"type":93,"text":153},"According to the Law on Obligations, in the case of forced public sale (for example in enforcement proceedings), the seller generally cannot invoke his right of pre-emption.",{"type":93,"text":155},"However, if the right of pre-emption is entered in a public register (e.g. land registry), the seller may request annulment of the public sale if he was not specially invited to participate in the procedure.",{"type":93,"text":157},"This means that in enforcement proceedings conducted against the buyer, the seller cannot exercise the right of pre-emption in the usual way, but must be timely informed and included in the procedure.",{"type":93,"text":159},"In practice, the most important application is under the Enforcement Act in relation to real estate, especially for foreign buyers of real estate in Croatia.",{"type":93,"text":161},"Given that the right of pre-emption may be entered in the land register, the court must enable persons holding that right to participate in the procedure. Thus, before making a decision on the sale and determining the value of the real estate, the court also enables holders of the right of pre-emption to comment on the valuation.",{"type":93,"text":163},"Furthermore, a person who has a statutory or contractual right of pre-emption entered in the land register has priority over the most favorable bidder. If, within three days after the auction, they declare that they accept the same conditions, they may purchase the real estate under those conditions.",{"type":93,"text":165},"If the real estate is sold by direct agreement, the court is obliged, before the sale, to invite the holder of the right of pre-emption to declare whether they wish to exercise their right.",{"type":93,"text":167},"For comparison, similar rules exist in other areas. For example, in the sale of a ship in enforcement proceedings, the court delivers the enforcement decision also to persons who have the right of pre-emption, but at the same time informs them that they cannot invoke that right in that procedure.",{"type":93,"text":117},{"type":93,"text":170},"\u003Cstrong>Violation of the Right of Pre-emption\u003C/strong>",{"type":93,"text":172},"A violation of the right of pre-emption is committed by a buyer who fails to comply with the statutory obligation to inform the person in whose favor the right of pre-emption is established or informs them incorrectly.",{"type":93,"text":174},"A violation of the right of pre-emption, as already mentioned above, may also occur in forced public sale proceedings if the seller whose right of pre-emption was entered in a public register is not specially invited to participate, in which case they will have the right to request annulment of the forced public sale.",{"type":93,"text":176},"Thus, a violation of the right of pre-emption occurs if the buyer has sold the item and transferred ownership to a third party without informing the seller, as well as if the buyer has incorrectly informed the seller about the conditions of sale to a third party. ",{"type":93,"text":178},"In such cases, the seller may, within six months from the day they learned of the transfer of ownership to the third party, or within six months from learning of the correct terms of the contract, request that the transfer be annulled and that the item be sold to them under the same conditions, but only on the condition that the third party knew or could not have been unaware that the seller had a right of pre-emption or that they were incorrectly informed (an untrustworthy third party).",{"type":93,"text":180},"After the expiry of five years from the transfer of ownership to the third party, the seller loses the right to request annulment of the transfer and that the item be sold to them under the same conditions. From the above it follows that the seller has two rights which must be exercised together before the court.",{"type":93,"text":182},"In other words, their claim must be directed at annulment of the transfer between the buyer and the third party and the conclusion of a contract with the buyer under the same conditions. They cannot assert these claims separately because the conclusion of a contract with the buyer under the same conditions as with the third party is conditioned by the prior annulment of the transfer of ownership to the third party, while a standalone claim for annulment of the transfer to the third party does not realize the right of pre-emption.","Luka                                                               Mrkić","2026-05-06",null,[],{"title":188,"description":189},"Pre-emption Right in Real Estate Purchase Agreements","Pre-emption Right in Real Estate Contracts. Here you can find what it means, how it works, rules, and what the legal consequences are if it is not respected",true]