General Terms and Conditions
1. Our quotations are subject to change and not binding. Any sale or lease in the meantime is at the discretion of the real estate agent.
2. All the information has been provided to the best of our knowledge and with the diligence of a prudent real estate real estate agent. We assume no warranty or liability for the correctness of the data, which is based on information furnished by the person having the power of disposal over a property.
3. If the recipient already has knowledge that one of the properties we offer is for sale or for rent, he/she shall inform us thereof immediately. Otherwise, the offer we submit shall be deemed acknowledged.
The Customer undertakes to reasonably support the real estate real estate agent in his/her agency activities and to refrain from passing on business opportunities communicated to him/her to third parties.
4. The customer is obliged to pay a commission in the event that a transaction is concluded with a third party as a result of the contractually agreed real estate agent's services. The entitlement to a commission, as well as the reimbursement of additional expenditures, shall become effective and due once the brokered transaction becomes legally binding (agreement of the parties or fulfilment of an agreed condition).
The customer agrees to pay the commission once he/she concludes the above-mentioned transaction, or a legal transaction with a similar purpose, with any interested party named by the real estate agent. The commission is payable to the real estate agent even if the latter has been of service other than through the naming of the interested party.
5. The full commission shall also be paid in the event that:
5.1 the transaction indicated in the real estate agency agreement is unsuccessful because the Customer, in bad faith, fails to perform a legal act necessary for the success of a transaction without any reasonable grounds;
5.2 a transaction with a different business purpose is concluded with the third party named by the real estate agent, provided the brokering of the transaction is part of the real estate agent's activities;
5.3 the transaction indicated in the real estate agency agreement is not concluded with the Customer but with another person because the Customer informed this other person of the transaction opportunity he/she was informed of by the real estate agent or if the transaction is not concluded with the named third party, but with another person because the third party named by the real estate agent informed this other person of the transaction opportunity;
5.4 the transaction is not concluded with the named third party because a legal or a contractual right of pre-emption, option to repurchase or right of subrogation is exercised;
5.5 the brokered transaction is not the transaction contemplated under the real estate agency agreement, but a transaction with a similar economic objective is concluded thanks to the real estate agent's activities;
5.6 the contract is concluded under terms deviating from those stated in the quotation;
5.7 the contract is concluded for another property of the interested party named by the real estate agent, or
5.8 when and insofar as an initial contract related in time and economic objective (within 3 years) is extended or amended by one or several contracts.
6. Exclusive agency agreement: The Customer agrees to pay a commission in the event that he/she concludes the above transaction, or a transaction with a similar purpose, with an interested party named by the real estate agent during or after the expiry of the agreed exclusive agency period. The commission is payable to the real estate agent also if he/she has been of service other than through the naming of the interested party. The Customer agrees to communicate the names of the persons to the real estate agent who address him/her directly during the term of the exclusive agency agreement. The real estate agent agrees to undertake every effort for the purpose of this agreement. The commission shall also be paid in the event that the Customer terminates the exclusive agency agreement in breach of contract without good cause or in the event that the transaction is concluded in breach of contract during the term of the exclusive agency agreement through the mediation of another agent commissioned by the Customer or in a different manner.
7. Any terms and conditions must be made in writing and may only be agreed in writing by the persons authorised by us to do so.
8. The above Terms and Conditions are deemed accepted once a business relationship has been established either in writing or personally.
9. Vienna shall be the place of jurisdiction and performance without prejudice to Sect. 14 KSchG (Consumer Protection Act).
