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General terms and conditions

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Version of 1. April 2008

  1. All quotations from amb Immobilien GmbH are subject to change and not binding. Any sale, lease or rental in the meantime is at the discretion of the real estate agent.
  2. All information has been provided to the best of our knowledge. We do not accept any liability for the correctness of such data, which are based on the information provided by the person authorizes to dispose of the property.
  3. If the recipient already has knowledge that one of the properties we offer is for sale or for rent, he/she shall immediately inform us thereof. Otherwise, the offer we submit is considered as acknowledged. The customer undertakes to reasonably support the real estate agent in his/her mediation activities and to refrain from passing on business opportunities communicated to him/her to third parties. The customer is obliged to keep the real estate agent informed, particularly if he/she changes his/her business intentions.
  4. The customer is obliged to pay a commission in the event that a transaction is concluded with a third party as a result of the contractually agreed services of the real estate agent. Entitlement to a commission, as well as the reimbursement of additional expenditures, shall become effective and due once the brokered transaction becomes legally binding. The customer agrees to pay the commission once he/she concludes the above-mentioned transaction or a legal transaction with a similar purpose, with any interested party named by the real estate agent. The commission has to be paid to the real estate agent even if the latter has been of service other than through the naming of the interested party.
  5. The full commission shall also be paid in the event that
    1. the transaction indicated in the brokerage agreement is unsuccessful because the customer, in bad faith, fails to perform a legal act necessary for the success of a transaction without any reasonable grounds;
    2. a transaction with a different business purpose is concluded with the third party named by the real estate agent, provided that the mediation of the transaction is part of the real estate agent's activities;
    3. the transaction indicated in the brokerage agreement is not concluded with the customer but with another person because the customer informed this other person of the transaction opportunity he/she was informed of by the real estate agent or if the transaction is not concluded with the named third party, but with another person because the third party named by the real estate agent informed this other person of the transaction opportunity or
    4. the transaction is not concluded with the named third party because a legal or a contractual right of pre-emption, repurchase or right of entry is exercised. The real estate agent is entitled to the commission even if, due to his efforts, the contractually agreed transaction did not take place but a similar economic transaction with the same purpose.

      The real estate agent is also entitled to the full commission payment if

      • the contract is concluded under terms deviating from those stated in the quotation,
      • the contract is concluded for another property of the interested party named by the real estate agent, or
      • when and insofar as an initial contract related in time and economic objective (within 3 years) is extended or amended by one or several contracts.
  6. Exclusive agency agreement: The customer agrees to pay a commission in the event that he/she concludes the above transaction, or a transaction with a similar purpose, with an interested party named by the real estate agent during or after the expiry of the agreed exclusive agency period. The commission is payable to the real estate agent also if he/she has been of service other than through the naming of the interested party.
    The customer agrees to communicate the names of the persons to the real estate agent who address him/her directly during the term of the exclusive agency agreement. The real estate agent agrees to undertake every effort for the purpose of this agreement. The commission shall also be paid in the event that the customer terminates the exclusive agency agreement contrary to the contract and without good cause or in the event that the transaction is contrary to the contract during the term of the exclusive agency agreement through the mediation of another agent commissioned by the customer or in a different manner.
  7. Deviating agreements must be made in writing and may only be agreed on in writing by authorized persons.
  8. The above Terms and Conditions are deemed accepted once a business relationship has been established either in writing or personally.
  9. Vienna shall be the place of jurisdiction and performance.