General Terms and Conditions

General Terms and Conditions

1. Please note that the seller/landlord is not bound by an offer before it is accepted and that a prior sale or lease is at the discretion of the real estate agent.

2. If the recipient already has knowledge that one of the properties we offer is for sale or for rent, he/she shall inform us forthwith. The Customer undertakes to reasonably support the real estate agent in his/her agency activities and to refrain from passing on business opportunities communicated to him/her to third parties. The Customer is obliged to keep the real estate agent informed, particularly if he/she changes his/her business plans.

3. 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 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 if 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.

4. The full commission shall also be paid in the event that:

4.1 the transaction indicated in the real estate agency agreement is unsuccessful in bad faith because the Customer, contrary to the course of prior negotiations, fails to perform a legal act necessary for the success of a transaction without any reasonable grounds;

4.2 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;

4.3 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;

4.4 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;

4.5 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;

4.6 The full commission is also payable in the event that the contract is concluded under terms other than those stated in the offer and as a result of EHL Immobilien GmbH’ activities;

4.7 if the contract is concluded for another property of the contractual party named by the real estate as a result of EHL Immobilien GmbH’ activities;

4.8 if and to the extent that an initial contract related in time and economic objective is extended of amended (within 3 years) by one or several contracts as a result of EHL Immobilien GmbH’s activities.

5. 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 even if the latter has been of service other than through the naming of the interested party. The Agent agrees to undertake every effort for the purpose of this Agreement.
The Customer shall also pay the commission in the event that

5.1 the Customer terminates the exclusive agency agreement in breach of contract without good cause;

5.2 the transaction is concluded in breach of contract during the term of the exclusive agency agreement through the actions of another agent commissioned by the Customer, or

5.3 the transaction is concluded in breach of contract during the term of the exclusive agency agreement other than through the actions of another agent commissioned by the Customer.

6. Any agreement to the contrary requires the consent of our authorised agents. Please note that our employees are not authorised to enter into agreements to the contrary by themselves.

7. Vienna shall be the place of performance. The place of jurisdiction shall be the Customer’s domicile or habitual residence or, if neither the Customer's domicile nor his/her habitual residence is in Austria, his place of employment in Austria according to Sect. 14 KSchG


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