General Terms and Conditions
for supplies of goods and services
to Liv Immobilienvermarktung GmbH
It is pointed out that the seller/lessor is not bound before acceptance of a possible offer and therefore an intermediate sale, an intermediate rental or an intermediate lease is possible.
If the recipient is already aware of an object offered by us as being for sale or rentable, he must inform us immediately. The client has to support the broker honestly in the performance of his brokerage activities and to refrain from passing on any business opportunities that have been 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 contractually agreed substantive activity. The claim to commission as well as to reimbursement of additional expenses arises and becomes due with the legal validity (agreement of will between 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 or equivalent legal transaction with the interested party named by the real estate agent. The commission is due to the real estate agent even if he has rendered service in a way other than by naming.
Payment of the full commission shall also be agreed in the event that
1. the transaction described in the brokerage agreement is not concluded in good faith only because the client, contrary to the previous course of negotiations, fails to take the legal action required for the transaction to be concluded without any noteworthy reason;
2. a transaction other than an equivalent transaction is concluded with the third party brokered by the broker, insofar as the brokerage of the transaction falls within the scope of the broker’s activities;
3. the transaction described in the brokerage agreement is not concluded with the client, but with another person, because the client has informed the latter of the possibility to conclude the transaction as notified to him by the broker, or the transaction is concluded with another person, rather than with the brokered third party, because the brokered third party has notified 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. due to the activity of the broker, the transaction to be brokered in accordance with the contract is not concluded, but a transaction equivalent in economic terms to the brokered transaction is concluded in accordance with its purpose;
6. the transaction is concluded via another property of the contractual partner proven by the broker and the contract is concluded on the basis of a causal and substantive activity of Liv Immobilienvermarktung GmbH;
7. an initial contract is extended or supplemented in a temporal and economic context (within 3 years) by one or more contracts and this is due to a causal and substantive activity of Liv Immobilienvermarktung GmbH;
8. the contract is concluded on other terms deviating from the offer and the contract is concluded on the basis of a causal and substantive activity of Liv Immobilienvermarktung GmbH;
Sole agency contract
The client undertakes to pay the commission in the event that he concludes the brokered or equivalent transaction with the interested party named by the real estate agent during or after expiry of the agreed sole brokerage period. The commission shall also be due to the broker if he becomes substantive in a way other than by naming. The broker undertakes to act to the best of his ability.
The client is also obliged to pay commission if
1. the sole brokerage order is prematurely terminated by the client in breach of contract without good cause;
2. the transaction was concluded in breach of contract during the term of the exclusive brokerage contract through the mediation of another broker commissioned by the client, or
3. the transaction was concluded during the term of the exclusive brokerage contract in a manner other than through the mediation of another broker commissioned by the client.
Deviating agreements can only be concluded with the consent of our representative bodies. It is expressly pointed out that our employees are not entitled to make deviating agreements alone.
The place of performance shall be Vienna; the place of jurisdiction shall be the domicile or habitual residence or, if the client has neither a domicile nor a habitual residence, the place of performance shall be Austria in compliance with § 14 KSchG.