Conditions
I. General
The terms and conditions of the company DAB Immobilien & Projektentwicklung GmbH (hereinafter "Broker") form an integral part of all offers, cost estimates and other legal declarations by the broker as well as the broker contracts concluded by him. Changes or ancillary agreements must be made in writing, this also applies to a departure from this written form requirement. Should a provision of these terms and conditions be or become ineffective, this does not affect the validity of the remaining provisions.
II. Content of the brokerage contract
1. When a brokerage contract is concluded, the broker is entrusted with the transactions listed in the Real Estate Brokerage Ordinance BGBl II 1996/297 as amended - in particular the exchange, purchase or sale of properties, property shares, residential property as well as rental contracts for business premises, apartments and single-family houses as well as lease contracts for properties and company - to convey.
2. In the case of the conclusion of an exclusive brokerage contract, the client undertakes not to use any other broker for the business to be brokered. If the sole brokerage contract is not extended in writing by the client after the agreed period has expired, it is converted into an unlimited, simple brokerage contract, which can be terminated in writing by both parties at any time with immediate effect without giving reasons. In the context of a simple brokerage contract, the client is entitled to call in other real estate agents, too.
3. The broker is permitted to act as a dual broker, but will announce if he has a family or economic relationship with the third party to be mediated.
4. As a matter of principle, the broker is not obliged to check the information provided by the client for their truthfulness, but can rely on their accuracy. Insofar as the client culpably provides the broker with incorrect information, he is liable to the broker for the resulting damage and (possibly frustrated) expenses.
5. In addition to paying a commission in accordance with point III. of these terms and conditions to honestly support the broker in carrying out his brokerage activity and to refrain from passing on any interested parties that have been notified. In addition, the client will immediately inform the broker in writing of a change in his rental, leasing or selling intentions. During the duration of a possibly concluded sole brokerage contract, the client also undertakes to immediately inform the broker in writing of those persons who have contacted the client directly.
III. commission
1. Unless otherwise agreed in individual cases, the maximum commission rates plus 20% VAT listed in the Real Estate Brokerage Ordinance, Federal Law Gazette II 1996/297 as amended, apply as agreed.
2. The client undertakes to pay the commission to the broker if the broker has made the property in question known to the client's contractual partner; The commission is also due to the broker if he has earned merit in a way other than naming the property in question (e.g. through mediating activity).
3. The payment of the commission is also agreed in the event that the client passes on the interested parties named by the broker to another person with whom the business is concluded, or a legal or contractual right of first refusal, repurchase or entry has been exercised, or if a rental or lease or purchase agreement is reached with an interested party to whom the property was named during the contract period within 3 years of the completion of the order.
4. In addition, it is agreed for the duration of any concluded sole brokerage contract that the client has to pay the commission even if - he terminates the sole brokerage contract prematurely without good cause or - the business during the duration of the sole brokerage contract through the brokerage of a contract Another broker commissioned by the client or in some other way - or the deal referred to in the sole brokerage contract does not come about in good faith only because the client, contrary to the previous course of negotiations, fails to take a legal act necessary for the business to come about without any notable reason.
5. The client is not entitled to offset his own claims against the broker's commission claims. This waiver of set-off does not apply to claims of the client which have been recognized in writing by the broker or which have been legally established.
IV. Overview of additional costs and rights of withdrawal
At the latest when a brokerage contract is concluded, the broker provides the client with an overview of ancillary costs, from which in particular ancillary costs when concluding the respective contracts as well as the client's rights of withdrawal under the Consumer Protection Act (if the client is a consumer within the meaning of § 1 KSchG) and according to the property developer contract law ( if a property development contract according to § 5 BTVG) can be found, whereby the broker assumes no liability whatsoever for the correctness of the information given in it, despite the greatest care and circumspection in the preparation of the ancillary costs overview.
V. Other provisions
1. The agreed place of performance for all obligations from the brokerage contract is 6300 Wörgl.
2. For all legal disputes between the broker and the client, the exclusive jurisdiction of the court responsible for Wörgl is agreed. Insofar as the client is a consumer within the meaning of the Consumer Protection Act and has his place of residence or habitual residence in Germany or is employed in Germany, this jurisdiction agreement in accordance with Section 14 of the Consumer Protection Act only applies if it establishes the jurisdiction of a court in whose district the place of residence, habitual residence or the place of employment of the client. In any case, the broker is entitled to sue the client at any other legally stipulated place of jurisdiction.
3. The business relationship between the broker and the client is subject to Austrian law to the exclusion of the conflict of laws rules of international private law.