1. General
1.1. The following terms and conditions regulate the legal relationship between Herrmann Selection Real Estate e.U., Arsenalstraße 8/1801, 1100 Vienna (hereinafter referred to as "agent") and sellers and interested parties (hereinafter referred to as "clients"). They apply to everyone Real estate-related contracts that a consumer or entrepreneur concludes with the broker as a client. If the client is an entrepreneur and has its own terms and conditions, these do not become part of the contract. The execution of an order does not constitute acceptance of deviating provisions.
1.2. The broker provides services through and within the framework of arranging rental and purchase agreements between a seller/landlord and a buyer/tenant on the other hand.
1.3. These General Terms and Conditions apply insofar as mandatory legal provisions do not conflict with the individual regulations.
2. Conclusion of contract, claim for commission
2.1. The client is obliged to pay the commission if the transaction to be brokered comes about as a result of the broker's contractually meritorious activity with a prospective customer. The naming of the final third party also justifies the commission claim. The commission claim of the broker arises after the legally binding signing of a mutually binding purchase offer, but at the latest with the legal effectiveness of the brokered transaction (§§ 6, 7 MaklerG).
2.2. If a mediated contract is extended within three years of the conclusion of the contract, a claim for commission arises when the extension becomes legally effective.
2.3. It is also agreed that the client must pay an amount as compensation or compensation for expenses and effort in the amount of the agreed or local commission, even without a brokerage success attributable to the broker, if the transaction described in the brokerage contract did not come about contrary to good faith occurs because the client, contrary to the previous course of negotiations, omits a legal act required for the conclusion of the transaction without a noteworthy reason; or a transaction other than an equivalent transaction is concluded with the third party mediated by the broker, provided that brokering the transaction falls within the broker's area of activity; or 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 option to conclude the transaction that the broker has made known to him or the transaction is not concluded with the mediated third party but with another person, because the mediated third party has disclosed the business opportunity to them; or the transaction does not come about with the mediated third party because a statutory or contractual right of first refusal, repurchase or entry is exercised (§ 15 Para. 1 Brokerage Act).
2.4. The above-mentioned service also applies in the case of a sole brokerage case as agreed within the meaning of Section 15 (2) of the Brokerage Act if the sole brokerage order is prematurely terminated by the client in breach of contract without an important reason; or the transaction came about during the period of the sole brokerage contract through the mediation of another broker commissioned by the client; or the transaction came about in a way other than through the mediation of another broker commissioned by the client during the period of the sole brokerage contract.
2.5. When brokering an option contract, the customer must pay 50% of the respective maximum commission rate if an option right is granted. If the option right is exercised, this amount is offset.
2.6. The amount of the claim for payment depends on the agreement made. If there is no agreement, an appropriate commission is deemed to have been agreed.
2.7. The fee is to be paid in EUR. The fee is stated exclusive of sales taxes and other fees; these are basically net amounts.
2.8. Unless there is a different clause, invoices issued by the broker are due within 14 days of invoicing, without discount. Discounts are always granted subject to full and timely payment.
2.9. In the event of default in payment, the broker can charge default interest of 4% for consumers, otherwise according to § 456 UGB 9.2% above the base rate.
2.10. Claims of the client that are due for payment may only be offset against a claim for remuneration by the agent if this claim has been determined by a court or the agent has consented to offsetting in writing.
2.11. The seller reserves the right to make fee corrections. Incorrect payment information does not apply, especially not if the customer should have recognized the error. In case of doubt, an appropriate fee is deemed to have been agreed.
3. Withdrawal
3.1. Customers who do not conclude a contract with the seller as part of their company are consumers within the meaning of the KSchG. The special provisions of this law apply to these contracts.
3.2. In the case of distance selling contracts, consumers have the right to withdraw from the contract within 14 days without giving any reason.
3.3. The consumer declares this withdrawal by sending the cancellation form to the seller by e-mail, post or fax to the contact details given in point 3.5.
3.4. The revocation is to the broker according to point 1.1. to judge.
3.5. Sample revocation form
To Herrmann Selection Real Estate e.U., Arsenalstraße 8/1801, 1100 Vienna, by email to: office@herrmann-selection.com
I/we* hereby revoke the contract concluded by me/us* for the following service:
Commissioned on*
Name of consumer(s)*
Address of consumer(s)*
Date
Signature of consumer(s)
3.6. If services or expenses have already been rendered by the broker before the contract is revoked, these are to be reimbursed to the broker by the client in accordance with the agreement concluded or, on a subsidiary basis, based on the actual expenses.
4. Liability Provisions
4.1. The broker is not responsible for property-related information. The information is based on the information and information provided by third parties and is carried out with the care of a proper real estate agent. This applies to exposés and other documents as well as directly provided information.
5. Privacy
The protection of personal data is very important to us. All data is treated confidentially and only saved for necessary purposes. Our online privacy policy is available at https://www.herrmann-selection.com/en/datenschutz.
6. Final Provisions
6.1. The contracting parties agree on the application of Austrian law to the exclusion of the IPRG, provided this agreement does not conflict with mandatory law.
6.2. In the event of disputes arising from contracts with clients who are entrepreneurs (B2B), the competent court at the broker's registered office is agreed as the place of jurisdiction.
6.3. Changes and additions to this contract must be in writing. Oral ancillary agreements are not valid unless a waiver of the written form is agreed in writing.
6.4. Should a provision of these General Terms and Conditions be invalid, the validity of the other provisions shall remain unaffected. The invalid provision will be replaced by a valid provision that comes as close as possible to the intent of the invalid provision.
