01. The offers of the Europe Real GmbH are free and without any obligation. All listed properties are subject to sale, rental or lease.
02. All the information has been provided to the best of our knowledge. We assume no warranty and liability for the correctness of the datas, which are based on information furnished by the person having the power of disposal over a property.
03. If the recipient already has knowledge that one of the properties we offer is for sale or for rent, he/she shall inform us thereof immediately. Otherwise, the offer we submit shall be deemed acknowledged. The customer undertakes to reasonably support Europe Real GmbH in his/her agency activities and to refrain from passing on business matters communicated to him/her to third parties. The customer is obliged to keep Europe Real GmbH informed, particularly if he/she changes his/her business plans.
04. 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 Europe Real GmbH's services. The 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 entitlement to a commission and the reimbursement of additional expenditures become due once they have been established. 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 parties named by the Europe Real GmbH. The commission is payable to the Europe Real GmbH even if the latter has been of service other than through the naming of the interested party.
05. The commission shall also be paid in the following events:
a) In the event that the transaction indicated in the real estate agency 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;
b) In the event that a transaction with a different business purpose is concluded with the third party agented by the Europe Real GmbH, provided the brokering of the transaction is part of the Europe Real GmbH's activities;
c) In the event that the transaction indicated in the real estate agency 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 Europe Real GmbH or if the transaction is concluded with another person because the third party named by the Europe Real GmbH informed this other person of the transaction opportunity, or
d) In the event that the transaction is not concluded with the named third party because a legal or a contractual right of pre-emption, option to repurchase or right to buy is exercised. Europe Real GmbH is also entitled to a provision, if the brokered transaction is not contractually concluded, but a transaction with a similar economic objective is concluded thanks to his/her activities.
Europe Real GmbH is fully entitled to a commission also when
the contract is concluded with provisions deviating from those stated in the offer,
the contract is concluded for another property of the interested party named by the Europe Real GmbH, or
when and insofar as an initial contract related in terms and conditions of time and economic objective (within 3 years) is extended or amended by one or several contracts.
06. 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 Europe Real GmbH during or after the expiry of the agreed exclusive agency agreement term. The commission is payable to the Europe Real GmbH 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 Europe Real GmbH who address him/her directly during the exclusive agency agreement term.
Europe Real GmbH agrees to undertake every effort for the purpose of this agreement. The commission shall also be paid in the event that the customer dissolves the exclusive agency agreement in breach of contract without good cause and the transaction is concluded in breach of contract during the term of the exclusive agency agreement through the mediation of another agent commissioned by the customer or in a different manner.
07. Any deviations to these general terms and conditions must be made in writing and may only be agreed in writing by the persons authorised by us to do so.
08. The above general terms and conditions are deemed 100 % accepted once a business relationship has been established either in writing or personally.
09. Our Headquarters, Vienna / Austria, shall be the legal venue and place of fulfilment.