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, rent or lease is possible. Our offers are noncommittal and subject to change without notice.
2. All information is provided to the best of our knowledge and with the due diligence of a prudent real estate agent. No warranty is offered or liability assumed for the correctness of such information that is based on information from the persons authorised to dispose of a property.
All data, descriptions and remarks are hence explicitly without any warranty or liability. The potential buyer or tenant is solely and exclusively responsible to verify separately the correctness and completeness of information in an appropriate manner.
All opinions, assumptions, estimates and projections are used for example only and do not represent the current or future development and performance of the property. The potential buyer or tenant is therefore advised to personally examine all possible preconditions and consequences of the purchase or rent of the real estate or property in question, in particular legal, tax, financial and/ or technical, as we shall bear no liability for this.
3. If the recipient is already aware that a property offered by the real estate agent is available for purchase or letting, he must disclose this without delay to the real estate agent. Otherwise, the submission of the offer is deemed acknowledged.
The client must honestly support the real estate agent in the execution of his brokerage activities and refrain from disseminating disclosed business opportunities. The client is obligated to give required information to the real estate agent, in particular regarding a change in his business intentions.
4. The client is obligated to pay a provision if the transaction to be brokered comes about as a result of the real estate agent’s contractually stipulated activity with a third party. Entitlement to commission and to compensation for additional expenses is the result; said commission and compensation become due once the brokered transaction legally goes into force (agreement of the parties or fulfilment of an agreed condition).
The client is obligated to pay the commission if he concludes the abovementioned legal transaction or a similar legal transaction with an interested party made known to him by the real estate agent. The commission is also due to the real estate agent if he has served in a way other than identifying the interested party.
5. The full commission shall also be paid if:
a. the transaction mediated in the real estate agency agreement is unsuccessful in bad faith because the client, contrary to the course of prior negotiations, fails to perform a legal act necessary for the success of a transaction without any reasonable grounds;
b. 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;
c. the transaction mediated by the real estate agent is not concluded with the client but with another person because the client informed this other person of the transaction opportunity he 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, or
d. 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;
e. the contract is concluded under terms other than those stated in the offer;
f. an initial contract related in time and economic objective is extended or amended within three years by one or several contracts.
6. Exclusive agency agreement:
The client agrees to pay the commission if he 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 client agrees to communicate the names of the persons to the real estate agent who contacted him directly during the term of the exclusive agency agreement. The real estate agent commits himself to act according to his abilities.
The payment of the commission is also stipulated if the exclusive agent agreement is dissolved by the client prematurely without important cause or if during the period of the exclusive agent agreement the transaction was concluded in contrary to the exclusive agent agreement through the brokerage of another real estate agent which was commissioned by the client or in an either way.
7. Deviating agreements must be made in writing and may only be concluded in written with authorised organs of the real estate agent.
8. Place of jurisdiction and place of performance is Vienna.
Right of rescission of the consumer
9. If the client is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetzes, KSchG) he may withdraw from the contract within 14 days without giving reasons regarding distance or off-premises contracts (distance contracts and contracts concluded away from business premises within the meaning of the Distance and Off-Premises Contracts Act, Fern- und Auswärtsgeschäftegesetz, FAGG). The rescission period commences on the day of conclusion of the contract. The right of rescission does not apply if we started – on basis of express demand by the client and a corresponding written confirmation of the client stipulating that he acknowledges the loss of his right of rescission in case of complete fulfilment of the contract – even before the expiration of the 14 days rescission period the performance of the order and we fulfilled the order completely (e.g. to name the business opportunity). If the real estate agent already rendered a service partially, the payment of a partial commission is obligated. The right of rescission ist furthermore not legitimate, if the order was placed in the office of the real estate agent or if the business connection with the real estate agent was initiated by the addressee of the enclosed letter himself.
10. If the client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and if the client furnishes a contractual statement on the acquisition of a tenancy right, another exploitation right or ownership of an apartment, a single family dwelling or a piece of land suitable for erecting a single-family dwelling on it on the same day that he has inspected the contractual object for the first time, he may rescind his contractual statement provided that such acquisition was intended to cover an urgent residential need on the part of the client or any of his near relatives. The contract may be rescinded at the latest one week after the client has furnished his contractual statement (§ 30 a KSchG). If the statement of rescission is addressed to the real estate agent, the rescission shall also extend to a real estate agent contract entered within the scope of the contractual statement. The one-week period shall commence only upon the client receiving a copy of his contract statement and written instructions on his right of rescission. The right of rescission shall, however, expire at the latest one month after the day of the first inspection. Rescinding the contract does not require a specific form in principle.
11. The duty of replacement of the real estate agent for personal and property damages, happened to the addressee or interested party during the visit of a property offered by the real estate agent, particularly also of a construction site, is excluded. This disclaimer shall also apply to third parties, in particular to those, who participate the inspection of the site upon the client’s or the interested person’s will. The only exception shall be if the damage is due to wilfully or grossly negligent behaviour of a real estate agent’s vicarious agent who leads the addressee or the interested party to the property with the approval of the real estate agent.
Overview of additional costs
Overview of additional costs Purchase and Rent