General terms and conditions
1. it is pointed out that the seller / lessor is not bound before acceptance of any offer and therefore an intermediate sale, rental or lease is possible. Our offers are subject to change and non-binding.
2 All information is given to the best of our knowledge and with the care of a prudent broker. No guarantee is given or liability assumed for the correctness of such details, which are based on information provided by the persons authorized to dispose of an object.
All information, descriptions and designs are therefore expressly without any guarantee and liability. It is the sole and exclusive responsibility of the potential buyer or lessee to separately verify their accuracy and completeness in a suitable manner.
Any opinions, assumptions, estimates and forecasts are merely examples and do not constitute a basis for assessing the future development and income of the property or the object. The potential buyer or tenant is strongly advised to check in particular any legal, tax, financial and/or technical requirements and effects of a purchase or lease of the property or the object on their own, as we can not assume any liability for this.
3. if the recipient is already aware of an object offered by the broker as being for sale or for rent, this must be communicated to the broker without delay. Otherwise, the merit of the offer is considered to be recognized.
The client shall support the broker in the performance of his brokerage activities in good faith and shall refrain from passing on any business opportunities communicated to him. The client is obliged to give the broker the necessary news, especially concerning a change of his business intentions.
4. the client is obliged to pay a commission in the event that the transaction to be brokered is concluded with a third party as a result of the broker’s contractual meritorious activity. The claim to commission, as well as reimbursement of additional expenses, arises and becomes due with the legal validity (agreement of will of the parties or a possible entry into conditions) of the brokered transaction.
The client undertakes to pay the commission in the event that he concludes the brokered or an equivalent legal transaction with the interested party named by the real estate agent. The commission is due to the broker even if he has earned in another way than by naming.
5. payment of the full commission is also agreed in the event that
a. the legal transaction brokered by the broker is not concluded contrary to good faith only because the client, contrary to the previous course of negotiations, omits a legal act required for the conclusion of the transaction without a noteworthy reason;
b. a transaction other than a transaction of equivalent purpose is concluded with the third party brokered by the broker, provided that the brokerage of the transaction falls within the broker’s scope of activity;
c. the transaction brokered by the broker is not concluded with the principal, but with another person, because the principal has informed the latter of the opportunity to conclude the transaction made known to him by the broker, or the transaction is not concluded with the brokered third party, but with another person, because the brokered third party has made the business opportunity known to the latter, or
d. the transaction is not concluded with the brokered third party because a statutory or contractual right of first refusal, right of repurchase or right of subrogation is exercised.
e. the contract is concluded under other conditions that deviate from the offer;
f. an initial contract is extended or supplemented by one or more contracts within three years in a temporal and economic context.
6. sole agency contract:
The client undertakes to pay the commission in the event that he concludes the brokered transaction or a transaction of equivalent value with the interested party named by the real estate agent during or after the expiry of the agreed exclusive brokerage period. The commission is also due to the broker if he earns money in another way than by naming.
The client undertakes to notify the broker of those persons who have contacted him directly during the period of the exclusive agency agreement. The broker undertakes to act to the best of his ability.
The payment of the commission is also agreed in the event that the client terminates the sole brokerage contract prematurely in breach of contract without good cause or if the transaction is concluded during the term of the sole brokerage contract in breach of contract through the mediation of another broker commissioned by the client or in another manner.
7. deviating agreements require the written form and can only be concluded in writing with organs of the broker authorized to represent.
8. place of jurisdiction and place of performance is Vienna.
Consumer rights of withdrawal
9. if the client is a consumer within the meaning of the Consumer Protection Act (KSchG), the client may withdraw from the contract within 14 days without giving reasons in the case of distance and outbound transactions (distance contracts and contracts concluded outside business premises within the meaning of the Distance and Outbound Transactions Act, FAGG). The period for withdrawal begins on the day of the conclusion of the contract. The right of withdrawal does not exist if we – on the basis of an explicit request of the client as well as a confirmation of the client about his knowledge of the loss of the right of withdrawal in case of complete fulfillment of the contract – have started the execution of the order before the expiry of the 14-day withdrawal period and have completely fulfilled the order (e.g. naming of the business opportunity). If the service of the broker has already been partially rendered before the declaration of withdrawal, the obligation to pay a pro rata commission shall exist. Furthermore, the right of withdrawal does not exist if the order was placed in the broker’s offices or if the business relationship with the broker was initiated by the addressee of the enclosed letter himself.
(10) If the Principal is a consumer within the meaning of the Consumer Protection Act (KSchG) and if he/she makes a contractual declaration based on the acquisition of a tenancy right, another right of use or enjoyment or ownership of an apartment, a single-family house or a property suitable for the construction of a single-family house on the same day as he/she inspected the contractual object for the first time, he/she may withdraw from his/her contractual declaration if the acquisition is intended to meet the urgent housing needs of the Principal or a close relative. The withdrawal can be declared within one week after the contract declaration of the client (§ 30 a KSchG). If the declaration of withdrawal is addressed to the broker, the withdrawal shall also apply to a brokerage contract concluded in the course of the contractual declaration. The one-week period shall not begin to run until the Client has received a duplicate of its contractual declaration and written instructions on the right of withdrawal. However, the right of withdrawal expires no later than one month after the day of the first inspection. In principle, the declaration of withdrawal can be made without any formalities.
11. the obligation of the broker to compensate for all personal injury and property damage incurred by the addressee or interested party in the course of viewing an object offered by the broker, in particular also a construction site, is excluded. This exclusion of liability also applies to third parties, in particular to those persons who participate in the inspection with the will of the client or interested party. The only exception to this is if the damage is due to the intentional or grossly negligent conduct of a vicarious agent of the broker who leads the addressee or interested party to the property with the consent of the broker.
Service charge overview
12. ancillary costs overview purchase and rent
Service charges overview_purchase
Service charges overview_rent