General Terms and Conditions (GTC) for Real Estate Agents according to the Brokerage Act (MaklerG)
Scope of Application: These General Terms and Conditions (GTC) apply to all brokerage services provided by colourfish Real Estate Immobilienmakler GmbH hereinafter , the “Broker”) via to clients and prospective clients. They reflect the current legal situation at , which is governed by the Real Estate Brokerage Act (MaklerG), the Real Estate Brokerage Regulation (IMV), as well as the Austrian Civil Code (ABGB), the Consumer Protection Act (KSchG) , the Consumer Protection Act (FAGG), and the Special Code of Conduct for Real Estate Brokers. Unless mandatory provisions apply in a specific case as set forth at , these GTC shall take precedence over such provisions. Any deviating agreements must be made in writing. Any conflicting terms and conditions of the client shall only apply if they have been expressly acknowledged in writing by the broker at .
Subject of Contract: The broker acts as a real estate agent, providing brokerage services in accordance with the Austrian Brokerage Act, specifically by identifying or facilitating the conclusion of contracts for real estate. The broker does not guarantee a successful outcome (e.g., the conclusion of a purchase, rental, or lease agreement). For brokerage services, merely identifying the facilitated business partner is sufficient.
Brokerage Agreement: A brokerage agreement is established through a written agreement, verbal instruction, or implied conduct (e.g., by using the broker's services). Unless explicitly agreed otherwise, the broker is entitled to act for both parties to the contract (dual agency in accordance with § 5 of the Austrian Brokerage Act).
Commission Entitlement: The right to a commission arises as soon as a legally binding contract (mutual agreement) is concluded between the client and a third party due to the broker's activity (§ 7 of the Austrian Brokerage Act). The entitlement to payment of the commission arises at this point, regardless of invoicing. The amount of the commission is determined by the currently applicable Real Estate Brokerage Commission Ordinance (IMV) or by the explicitly agreed commission, plus statutory VAT. The right to commission also exists if an economically equivalent transaction is concluded, or if the broker has earned it in a way other than by identifying the party.
Disclosure Obligations and Information: Information regarding a property is provided with the diligence expected of a professional real estate broker. Property information passed on by the broker is based on details provided by the client or third parties. The broker does not guarantee its accuracy, completeness, or timeliness. The broker advises both parties to the contract objectively and neutrally within the scope of their brokerage activity. As the broker typically acts for both parties, it is recommended to consult additional specialist experts for contract review, as well as for assessing the economic viability and tax implications, if necessary. If the client (interested party) is already aware of a property offered by the broker as a business opportunity, they must immediately inform the broker in writing, providing corresponding proof.
Prohibition of Disclosure to Third Parties: All information received from the broker, particularly exposés and property data, is intended exclusively for the recipient. Any disclosure to third parties without the broker's express consent is prohibited and will result in liability for damages, or at minimum, the agreed commission.
Right of Withdrawal (Consumers): If the client is a consumer as defined by the Austrian Consumer Protection Act (KSchG) and the brokerage agreement was concluded remotely or outside business premises, they are entitled to statutory rights of withdrawal. If the broker acts at the express request of the consumer before the withdrawal period expires, the right of withdrawal may be forfeited upon complete fulfillment of the contract (§ 18 of the Austrian Distance and Off-Premises Contracts Act (FAGG)).
Liability: The broker is liable only for damages resulting from intentional or grossly negligent conduct. Liability for slight negligence is excluded – to the extent permitted by law. Liability for lost profits is also excluded.
Data Protection: The broker processes personal data exclusively within the framework of applicable data protection regulations (GDPR, DSG). Further information can be found in the Privacy Policy.
Place of Performance and Jurisdiction: The place of performance is the broker's registered office. For disputes, Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For businesses, the competent court at the broker's registered office has exclusive jurisdiction. For consumers, statutory places of jurisdiction apply.
Severability Clause: Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
