General Terms & Conditions
- Theses General Terms & Conditions (GTC) form an integral part of these websites. They shall be considered as being agreed upon between our company and the respective addressee in accordance with the Austrian Brokerage Act. To the extent that any of the following provisions refer to legal articles, such references relate to the respective regulations of the Austrian Brokerage Act.
- Our offers and the information on the real estate objects mentioned therein are conveyed to one or more interested parties on behalf of our client(s) and are, in principle, non-binding — i.e. subject to prior sale (prior hire or lease). The passing on of information on the object to an interested party shall not have a binding effect on the lessor or seller and represents an invitation to the addressee to submit an offer to the lessor or seller for the lease or purchase of the real estate property. As a result, all our letters containing information on the objects in question are non-binding as the lessor or seller usually offers the real estate property to several interested parties on the market at the same time.
- In general, we receive the information relating to the real estate object, which we provide to interested parties, from the lessor or seller. We comply with the statutory information and verification duties that we have towards an interested party and are liable – subject to fault – for any damage that the lessee or buyer incurs from the property brokered by us and that is based on incorrect information provided by us.
- The obligation to pay a brokerage fee shall take place and become due upon (1) our contractual and meritorious brokerage activity, and (2) the agreement (accomplishment and concurrence of will) to enter into a contract relating to the real estate property that we have offered or with an interested party we have introduced.
- Any disclosure to third parties of the property offered by us or of an interested party introduced by us requires our prior consent. In the event that a contract
5.1. relating to a real estate property we have offered is concluded with a person who is not the addressee of our offer, but with a person who was informed of such a business deal opportunity by such an addressee;
5.2. is not concluded with the interested party introduced by us, but with another party who was informed of such an opportunity to enter into the contract by the interested party mentioned above, then such an addressee of our offer or our introduction shall be liable for the statutory brokerage fee lost (Art. 15 Para. 1 Item 3).
- To the same extent, the addressee shall be liable for the statutory brokerage fee if the conclusion of the contract
6.1. is not effected, in bad faith, only for such reason because the addressee, contrary to the previous process of negotiations, omits a legal act necessary for the conclusion of the transaction without any notable reason (Art. 15 para. 1 Item 1);
6.2. is not effected with the interested party introduced by us, but under the same conditions with another person who enters into the contract in place of the interested party introduced by us in exercising a statutory or contractual right of first refusal, a repurchase right or a right of subrogation (Art. 15 para. 1 Item 4).
- The addressee shall also be liable for the statutory brokerage fee in the event that the interested person introduced by us concludes a different transaction (not a similar relating to the purpose of the transaction), in so far as the brokerage of the transaction falls within our field of activity (Art 15 para 1 Item 2). Our claim for the statutory brokerage fee relating to the conclusion of a similar transaction (equal relating to the purpose) to which we are entitled to in any case pursuant to Art 6 para 3 shall remain unaffected through this provision.
- In the case of a sole brokerage mandate our client shall, furthermore, be liable for our statutory brokerage fee in the event that
8.1. the sole brokerage mandate is terminated prematurely by the client without reasonable cause and in violation to the mandate;
8.2. the transaction is, during the term of our sole brokerage mandate, effected through another agent mandated by our client in violation to the agreement with us; or
8.3. the transaction is effected in any other manner than by another agent mandated by our client, during the term of our sole brokerage mandate.
- Only for entrepreneurs within the definition of Austrian Commercial Code (UGB): the entrepreneur shall inform us immediately in the event that he already has knowledge of the offered property available for sale or lease, otherwise the submission of the offer by us shall be deemed accepted.
- We reserve the right to involve the services of an additional licensed agent at our discretion for the purpose of initiating the transaction, if this seems useful to increase the chances of brokerage of the property; no additional costs will arise for our client or the interested party introduced from this.
Consumers‘ Right of Withdrawal:
- In the event that our client is a consumer in accordance with the Austrian Consumer Protection Act (Konsumentenschutzgesetz), he or she may withdraw from non-face-to-face transactions (distant commerce and off-premises contract conclusions in accordance with Fern- und Auswärtsgeschäfte-Gesetz, FAGG) within 14 days without giving reasons. The period begins on the day of conclusion of the contract. There is no right of withdrawal in the event we have commenced with the execution of the order prior to the expiry of the 14-day withdrawal period and have completely fulfilled the order (e.g. nomination of a business opportunity) – pursuant to the explicit request of the client and confirmation by the client about his/her awareness that he/she waives his/her right of withdrawal upon complete fulfilment of the contract. A proportionate brokerage fee must be paid if we have already performed our services partially prior to the declaration of withdrawal. Furthermore, the right of withdrawal does not exist, if the order was placed in our offices or if the business relationship with us was initiated by the addressee of the enclosed letter him-/herself. The declaration of withdrawal does not have any formal requirements. However, it is advised to use the withdrawal form provided.
- In the event that the client is a consumer in accordance with the Austrian Consumer Protection Act 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 home or a property suitable for building a single-family home on the same day on which he/she inspected the property for the first time, then he/she may rescind his/her contractual statement, provided that the acquisition shall satisfy an urgent requirement of accommodation of the client or that of a close relative. The withdrawal may be declared within one week following the contractual statement of the client (Art. 30a Austrian Consumer Protection Act). In the event that the withdrawal is declared vis-à-vis us, then the withdrawal shall also apply to the brokerage agreement concluded simultaneously with the contractual statement. The one-week period only commences once the client has received a copy of his/her contractual statement and a written admonition relating to the right of withdrawal. However, the right of withdrawal ceases at the latest one month following the day of the first inspection of the property.
- The declaration of withdrawal does not have any formal requirements. However, it is advised to use the withdrawal form provided.
Our liability for compensation for all property damage that the addressee or the interested party suffers during a visit of the property offered by us, in particular of a building site, shall be excluded, provided we have not caused this property damage by wilful misconduct or gross negligence. In particular, this disclaimer shall also apply to third parties who participate in the visit of the site upon the request of addressee or the interested person.