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Terms & Conditions
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Terms & Conditions

  • The present terms and conditions constitute an integral part of our letter enclosed; they shall be effective in accordance with the Austrian Brokerage Act (Maklergesetz) between our company and the addressee of this letter. Any articles quoted in the following paragraphs are references to the respective articles in the Austrian Brokerage Act.
  • Our offers are without engagement and subject to prior sale (rent and lease).
  • All information is rendered to our best knowledge; we do not assume any responsibility for statements being correct relating to the information on a property given by a person authorised to dispose of such property.
  • The obligation to pay a commissions accrues and becomes due following the agreement (mutual consent of both parties) to conclude a contract relating to the property offered by us, or with the interested party provided by us, regardless whether such agreement was concluded with or without our intervention, when it was concluded, and whether the agreement was executed with the conditions offered or with other conditions.
  • Any disclosure of properties offered by us or of the interested persons named by us to any third party requires our prior approval. In the event that an agreement
    • on property offered by us is concluded by a person which is not the addressee of our offer, but with a third party whom the offer was given by the person who was the addressee of our offer;
    • is not concluded with the interested person named by us, but with a third party which was informed of the contract opportunity by such interested person named by us,

then the addressee of our offer or of our introduced person shall be liable for the loss of our statutory commission (§ 15 para 1 no. 3).

  • The addressee shall also be liable for the statutory commission, in the event that the conclusion of a contract
    • does not, in bad faith, occur only due to the reason, because the addressee contrary to the preceding negotiations omits, without any specific reason, to set a legal step necessary for the conclusion of the transaction without any specific reason (§ 15 para 1 no. 1);
    • is not effected with the interested person introduced by us, but at the same conditions with another party executing the agreement in stead of the interested person introduced by us in exercise of its statutory or contractual right of first refusal, redemption or accession right (§ 15 para 1 no. 4).
  • The addressee shall also be liable for the statutory commission, in the event that the interested person introduced by us concludes a different transaction (relating to the purpose of the transaction), in so far as the brokerage of the transaction falls within our field of activity (§ 15 para 1 no. 2). Our claim for the statutory commission relating to the conclusion of a similar transaction (similar relating to the purpose) to which we are entitled to in any case according to § 6 para 3 shall remain unaffected through this provision.
  • In the event of a sole brokerage mandate our principal shall, furthermore, be liable for our statutory commission in the event that
    • the sole brokerage mandate is terminated prematurely by the principal without cause;
    • the transaction is, during the term of our sole brokerage mandate, effected through another agent mandated, in violation to the agreement with us, by our principal; or
    • the transaction is, during the term of our sole brokerage mandate, effected in any other manner than by another agent mandated by our principal.
  • The addressee shall inform us immediately in the event that he already knows that the offered property is available for sale or lease, otherwise the submission of our offer shall be deemed accepted.
  • We reserve the right, for the purpose of effecting the transaction, at our choice to involve the services of a further licensed agent if this seems expedient to increase the chance of brokerage of the property; neither the principal nor the interested party introduced will thereby be burdened with further costs.
  • In the event that the principal is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) and provides a contractual statement relating to the acquisition of a lease right, other rights of use or ownership to an apartment, a single family house or a property suitable for building a single family house on the same day on which he inspected the object for the first time, then he may rescind his contractual statement, provided that the acquisition shall satisfy an urgent requirement of accommodation of the principal or of a close relative. The rescission may be declared within one week following the contractual statement. In the event that the rescission is declared vis-à-vis us, then the rescission shall also apply to the brokerage agreement concluded simultaneously with the contractual statement. The one-week period commences once the principal has received a copy of his contractual statement and a written instruction relating to the right of rescission. However, the right of rescission ceases one month following the day of the first inspection of the property.
  • The addressee of our enclosed letter may rescind his mandate or the acceptance of our offer in accordance with § 3 of the Austrian Consumer Protection Act, Austrian Federal Gazette Nr. 140/1979, within one week following the receipt of our letter enclosed. The rescission requires the written from in order to be effective; a simple note to this extent on the counter-letter enclosed to our letter shall suffice for this purpose. The right of rescission shall not exist if the mandate was rendered in our offices or addressee of the enclosed letter initiated the business relationship with us by himself.
  • Our liability for compensation for all personal and physical damages which the addressee or the interested party suffer during an inspection of the property offered by us, in particular of a building site, shall be excluded. This shall apply irrespective of the fact whether the obligation of upkeep of the property or the building work were rendered by us, via an order of ours or by a third party or via an order of a third party. In particular, this disclaimer shall also apply to third parties who participate in the inspection of the site upon the addressee’s or the interested person’s will. Exceptions therefrom shall only exist to the extent that the damages were caused by wilful misconduct or gross negligence of our auxiliary person who, with our approval, accompanied the addressee or the interested person to the property.

 
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