GENERAL TERMS AND CONDITIONS - AKKADIA IMMOBILIENVERMITTLUNG GMBH
1. The present General Terms and Conditions take into account the provisions of the regulation from the federal minister of economic affairs regarding rules of professional conduct and ethics for real estate brokers (IMV), BGBl.Nr. 297/1996 as well as the brokers' act (MaklerG), BGBl.Nr. 262/1998, both in the respective most recent valid version. These terms and conditions constitute an integral component of the contract concluded between AKKADIA Immobilienvermittlung GmbH ("broker") and the client, and are deemed to be agreed upon in terms of the specified legal foundations. If the terms and conditions below conflict with provisions in the IMV or the MaklerG, these terms and conditions take precedence over said provisions. The remaining provisions in the IMV and MaklerG as well as provisions based on individual agreements remain unaffected.
2. The broker may operate as a double agent as a result of existing business practices and without the client's express consent and thus may appear on behalf of the seller (landlord) and of the buyer (renter).
3.The broker's offers are subject to confirmation and non-binding, subject to prior sale, interim tenancy, and interim leasing.
4. All information is provided to the best of our knowledge and with the due diligence of a prudent real estate broker. No liability is assumed or guarantee offered for the correctness of such information that is based on information from the persons authorised to dispose of a property.
5. If the client is already aware that a property we offer is for sale or available for rent or lease, we must be immediately informed (within 24 hours) in writing or in another documented manner. Otherwise, the offer quote is deemed to be accepted and justifies an obligation to pay commission.
6. The client must honestly support the broker in the execution of his brokerage activities and refrain from disseminating disclosed business opportunities. The client is obligated to give required information to the broker, in particular regarding a change in his business intentions.
7.The client is obligated to pay a provision in the event that the transaction to be brokered comes about as a result of the broker'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. The entitlement to commission and the entitlement to compensation for additional expenses become due once they are incurred. The client is obligated to pay the commission in the event that he concludes the abovementioned legal transaction or a similar legal transaction with an interested party made known to him by the real estate broker.
The commission is also due to the broker if he has served in a way other than identifying the interested party. Once the arranged business partner has been identified, the obligation to pay commission goes into force regardless of whether the brokered transaction comes about with or without the broker's intervention and regardless of when it comes about.
8. According to § 7 of MaklerG, entitlement to commission arises at the same time that legal force goes into effect (i.e. the concurrence of wills or possible condition fulfilment) with regard to the brokered transaction in terms of the acceptance of a binding offer to rent or purchase. Entitlement to commission also arises if no binding offer is made but a rental or purchase contract is concluded without an offer being made. The client is obligated to pay the commission in the event that he concludes the abovementioned legal transaction or a similar legal transaction with an interested party made known to him by the real estate broker.
9. Full entitlement to commission also arises:
• if the contract is concluded with conditions that deviate from the offer.
• if the contract for another property comes about with the contractual partner arranged by the broker.
• if the brokered transaction is a transaction that is not similar in terms of purpose but the brokering of the transaction nevertheless falls in the broker's field of business activity according to § 15 Para. 1 Z 2 of MaklerG.
• if and to the extent to which a contract for a transaction brokered by the broker is broadened or supplemented by contracts related in terms of time and economics (follow-up business), to the extent of the broadening or supplementing.
10. There is also entitlement to commission if:
• despite good faith the only reason that the transaction specified in the brokerage contract does not come about is because the client - contrary to the previous course of negotiations - refrains from a legal act required for the transaction to come about without any reasonable grounds;
• the transaction specified in the brokerage contract comes about not with the client, but rather with another person because ultimately the client informed said person of the opportunity made known to him by the broker, or the transaction comes about not with the arranged third party, but rather with another person because the arranged third party made said person aware of the business opportunity, or
• the transaction does not come about with the arranged third party because a legal or contractual pre-emption right, option to repurchase, or right of entry was executed. The broker's expenses that are incurred due to additional assignments given to him by the client are separate and must also be paid if the desired transaction does not come about.
The broker is also entitled to commission if as a result of his actions a transaction that is economically similar in its purpose comes about rather than the transaction to be brokered according to the contract.
11. Exclusive brokerage agreement:
When issuing an exclusive brokerage agreement, the client is obligated to inform the broker of any and all persons who contact him directly during the duration of the exclusive brokerage agreement. The broker is obligated to take action to the best of his abilities. Payment of the provision is also stipulated in the event that the client prematurely terminates the exclusive brokerage agreement contrary to the agreement and without good cause, or if the transaction comes about during the duration of the exclusive brokerage agreement contrary to the agreement through the brokering of another broker authorised by the client or in any other way.
12. Option contract:
The broker can arrange a contract that gives the client the fixed-term right to bring about the transaction with a unilateral declaration (optional contract). 50% of the commission stipulated for the brokering of the main transaction must be paid when the option contract is concluded. The remaining 50% then becomes due when the authorised person(s) exercise the option right.
13. AKKADIA Immobilienvermittlung GmbH reserves the right to make use of the services of another brokerage company for the purpose of promoting the transaction to be brokered if such action seems useful in terms of increasing brokering chances. This does not result in any additional costs for either the client or the interested party introduced to him.
14. The acceptance of business dealings - in writing or in person - signifies recognition of existing business conditions.
15. Vienna is the place of jurisdiction and place of fulfilment. The provisions in § 14 of KSchG remain unaffected.