General terms and conditions
The following terms and conditions take into account the provisions of the directive of the Austrian Federal Minister for Economic Affairs on the professional code of conduct for real estate brokers (Immobilienmaklerverordung, IMV), BGBl. (Federal Law Gazette) No. 297/1996 as amended by BGBl. No. 490/2001, as well as the Austrian Brokers Act (Maklergesetz), BGBl. No. 262/1996 as amended by BGBl. No. 98/2001. These terms and conditions form an integral part of the contract concluded between Arnold Immobilien GmbH and the client and are deemed agreed pursuant to the cited legal foundations. Should the general terms and conditions (GTC) below conflict with provisions of the directive of the Austrian Federal Minister for Economic Affairs on the professional code of conduct for real estate brokers (IMV), BGBl. (Federal Law Gazette) No. 297/1996 as amended by BGBl. No. 490/2001, or the Austrian Brokers Act (Maklergesetz), BGBl. No. 262/1996 as amended by BGBl. No. 98/2001, the GTC have precedence; the remaining provisions of the IMV and the Austrian Brokers Act, as well as provisions based on individual agreements, remain unaffected.
Offers made by the broker are non-binding; prior sale, rental or lease by the broker or provider reserved.
Due diligence is applied to the information about a specific property; we make no guarantee regarding the accuracy of such information, which is based on information provided by the disposing entity.
If the client is already aware of a property offered by the broker for sale, rental or lease, the client must inform the broker immediately, but at the latest within 48 hours from the offer, via registered letter or another traceable means. Non-observance of this obligation creates an obligation to pay the commission should a contract regarding the offered property be concluded.
Pursuant to § 7 Austrian Brokers Act, the claim to a commission arises with the legal validity (i.e. concurrence of wills or occurrence of a necessary condition) of the brokered transaction. In the event of a condition precedent, the claim to a commission arises even when the conditional contract was dissolved before the occurrence of the condition if the condition would have occurred without this early dissolution. The obligation to pay the commission arises upon the naming of the brokered contractual partner and regardless of whether the brokered transaction occurred with or without the broker’s intervention and regardless of when it occurred.
The full claim to the commission also arises
a) if the contract is concluded with conditions other than the ones in the offer;
b) if the contract is concluded for another property but with the contractual party named by the broker. The claim to commission in particular also arises if the transaction has a different business purpose and the brokering of the transaction lies within the activities of the broker pursuant to § 15 (1) clause 2 Austrian Brokers Act;
c) if and insofar as a contract regarding a transaction brokered by the broker is expanded or supplemented by contracts related in time or in their business purpose, to the extent of the expansion or supplement.
The client must obtain the broker’s consent before informing third parties of the offered properties or parties named by the broker, and the claim to the commission remains unaffected. In particular, the claim to the commission against the client (§ 15 (1) clause 3 Austrian Brokers Act) remains extant if the transaction designated in the brokerage contract is not concluded with the client but with another person because the client passed on to that person the opportunity to conclude provided to him by the broker or if the transaction is concluded not with the named third party but with another person because the named third party passed on this opportunity to this other person. The claim to commission also remains extant if due to bad faith the designated transaction is not concluded only because the client, despite what was negotiated, fails without good reason to complete a legal act required for the conclusion of the transaction, or the transaction is not concluded with the named third party because a legal or contractual pre-emptive, repurchase or subrogation right is exercised. Broker’s expenses arising from additional requests made by the client are charged separately and are also due if the desired transaction is not concluded. If the broker has an exclusive brokerage agreement, the claim to the commission also arises if the exclusive brokerage agreement is terminated prematurely without good cause in breach of the contract or the transaction is concluded during the term of the exclusive brokerage agreement in breach of the contract without the broker’s mediation or through the mediation of another broker commissioned by the client.
Arnold Immobilien GmbH reserves the right to take on the services of another brokerage for the purpose of initiating the transaction to be brokered if this appears to improve the chances of a successful brokerage; this results in no additional costs to the client or the mediated interested party.
Changes and additions to this contract require the written form; this also applies for the waiving of this written form requirement.
The place of performance is Vienna. The exclusive place of jurisdiction for any disputes arising from this contract is agreed as Vienna Inner City. The provisions of § 14 Austrian Consumer Protection Act (Konsumentenschutzgesetz, KschG) otherwise remain unaffected.
If the broker mediates a contract with which the client or the named third party is granted the time-limited right to conclude the respective transaction through unilateral declaration (option contract), 50 per cent of the commission agreed for brokering the main transaction are due upon the conclusion of the option contract. The remaining 50 per cent are then due upon the exercise of the option by the entitled person.