General Terms and Conditions (GTC)
for Real Estate Agents according to the Brokerage Act (MaklerG)

  1. Scope of Application: These General Terms and Conditions (GTC) apply to all
    brokerage services provided by colourfish Real Estate Immobilienmakler GmbH (hereinafter
    "the Broker") to clients and interested parties. They take into account the current
    legal framework, which is regulated by the Brokerage Act (MaklerG), the Real Estate Brokerage Ordinance (IMV), the General Civil Code (ABGB), the Consumer Protection Act (KSchG),
    the Distance and Off-Premises Contracts Act (FAGG), and the Special Professional Rules for Real Estate Agents. Unless
    mandatory provisions apply in a specific case, these GTC
    take precedence over those provisions. Deviating agreements must be made in writing.
    Conflicting GTC of the client are only valid if they have been expressly
    acknowledged in writing by the Broker.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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.
  7. 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)).
  8. 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.
  9. 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.
  10. 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.
  11. Severability Clause: Should individual provisions of these General Terms and Conditions be or become
    invalid, the validity of the remaining provisions shall remain unaffected.