AGBs

For services and deliveries and performances
to Liv Immobilienvermarktung GmbH

It should be noted that the seller/landlord is not bound before accepting any offer and that prior sale, prior letting or prior leasing is therefore possible.

If the recipient is already aware that a property offered by us is available for sale or rent, we must be informed immediately. The client must support the broker in good faith in the performance of his brokerage activities and refrain from passing on any business opportunities communicated to him. The client is obliged to provide the broker with the necessary information, in particular regarding a change in his business intentions.

The client shall be 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 and meritorious activity. The claim to commission as well as to reimbursement of additional expenses shall arise and become due upon the legal effectiveness (agreement of the parties or possible occurrence of conditions) of the brokered transaction.

The client undertakes to pay the commission in the event that he concludes the brokered transaction or a legal transaction of equivalent value with the interested party named by the real estate agent. The broker shall also be entitled to the commission if he has earned money in a way other than by naming the interested party.

Payment of the full commission is also agreed in the event that

1. the transaction specified in the brokerage agreement is not concluded contrary to good faith only because the client, contrary to the course of negotiations to date, fails to perform a legal act necessary for the conclusion of the transaction without a noteworthy reason;

2. a transaction other than an equivalent transaction is concluded with the third party brokered by the broker, provided that the brokerage of the transaction falls within the broker’s area of activity;

3. the transaction referred to in the brokerage agreement is not concluded with the client but with another person because the client has informed the latter of the opportunity to conclude the transaction of which he was informed by the broker or the transaction is not concluded with the brokered third party but with another person because the brokered third party has informed the latter of the business opportunity;

4. 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 entry is exercised;

5. the broker’s activity does not result in the conclusion of the transaction to be brokered in accordance with the contract, but in the conclusion of a transaction that is economically equivalent to it in terms of its purpose;

6. the transaction is concluded for another property of the contractual partner proven by the broker and the contract is concluded on the basis of a causal and meritorious activity of Liv Immobilienvermarktung GmbH;

7. a first contract is extended or supplemented by one or more contracts in a temporal and economic context (within 3 years) and this is attributable to a causal and meritorious activity of Liv Immobilienvermarktung GmbH;

8. the contract is concluded on other terms that deviate from the offer and the contract is concluded on the basis of a causal and meritorious activity of Liv Immobilienvermarktung GmbH;

Sole agency mandate

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 expiry of the agreed exclusive brokerage period. The broker shall also be entitled to the commission if he earns money in a way other than by naming the interested party. The broker undertakes to act to the best of his ability.

The client is also obliged to pay commission if

1. the sole agency contract is terminated prematurely by the client in breach of contract without good cause;

2. the transaction was concluded during the term of the exclusive brokerage mandate in breach of contract through the brokerage of another broker commissioned by the client or

3. the transaction was concluded during the term of the exclusive brokerage mandate in a manner other than through the brokerage of another broker commissioned by the client.

Deviating agreements can only be concluded with the consent of our authorized representative bodies. It is expressly pointed out that our employees are not authorized to conclude deviating agreements on their own.

The place of performance shall be Vienna; the place of jurisdiction shall be the place of residence or habitual abode or, if the client has neither residence nor habitual abode in Austria, the place of employment in Austria within the meaning of Section 14 of the Austrian Consumer Protection Act (KSchG).