Buyer Representation Agreement Template for Austria

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Key Requirements PROMPT example:

Buyer Representation Agreement

"I need a Buyer Representation Agreement under Austrian law for my real estate agency to represent a corporate client in purchasing industrial properties in Vienna, with exclusive representation rights for 6 months starting January 2025 and including provisions for cross-border transactions."

Document background
A Buyer Representation Agreement is a crucial document used when a property buyer seeks professional representation in the Austrian real estate market. This agreement formally establishes the agency relationship between a real estate professional and a buyer, whether individual or corporate, who is seeking to purchase property. The document is specifically tailored to comply with Austrian legal requirements, including the Maklergesetz (Real Estate Agent Act), consumer protection laws, and data protection regulations. It is essential for protecting both parties' interests by clearly defining the scope of services, commission structures, exclusivity arrangements, and respective obligations. The agreement becomes particularly important in complex property transactions where professional representation is valuable for navigating the Austrian real estate market and ensuring compliance with local property laws and regulations.
Suggested Sections

1. Parties: Identification of the buyer (client) and the real estate agent, including full legal names, addresses, and registration details for the agent

2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's qualifications and licenses

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Territory', 'Commission', and 'Exclusive Period'

4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided, including property search, negotiation, and advisory services

5. Term and Termination: Duration of the agreement, including start date, end date, and conditions for early termination

6. Agent's Obligations: Detailed listing of agent's duties, including disclosure obligations under Austrian law, duty of care, and confidentiality requirements

7. Client's Obligations: Buyer's responsibilities, including providing accurate information, cooperating with the agent, and maintaining exclusive relationship if applicable

8. Commission Structure: Detailed explanation of agent's compensation, including circumstances triggering payment and calculation method

9. Confidentiality: Provisions regarding handling of confidential information and personal data in compliance with Austrian Data Protection Act

10. Liability and Insurance: Scope of agent's liability, professional insurance details, and limitation of liability provisions as permitted by law

11. Notices: Methods and addresses for official communications between parties

12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

Optional Sections

1. Exclusive Representation: Additional terms establishing exclusive representation rights - used when the agreement is exclusive rather than non-exclusive

2. International Property Search: Additional provisions for cross-border property searches - included when the search extends beyond Austria

3. Dual Agency Disclosure: Provisions for situations where the agent might represent both buyer and seller - included when dual agency is permitted and possible

4. Special Requirements: Section detailing any specific requirements or preferences of the buyer - included when the buyer has particular property requirements

5. Digital Services: Terms covering virtual viewings and digital communications - included when significant portions of the service will be provided digitally

6. Translation Clause: Provisions regarding official translations and governing language - included when the client is non-German speaking

Suggested Schedules

1. Schedule 1: Property Requirements: Detailed specification of the type, location, size, and price range of properties the client is interested in

2. Schedule 2: Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule 3: Agent's Services: Comprehensive list of specific services included in the representation

4. Appendix A: Agent's Credentials: Copies of agent's licenses, registrations, and professional certifications

5. Appendix B: Privacy Notice: Detailed information about how personal data will be processed in compliance with GDPR and Austrian Data Protection Act

6. Appendix C: Withdrawal Form: Standard withdrawal form as required by Austrian consumer protection law for off-premises contracts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Corporate Services

Hospitality

Retail

Industrial

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Corporate Services

Acquisitions

Property Management

Business Development

Contracts Administration

Risk Management

Operations

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Consultant

Legal Counsel

Corporate Lawyer

Compliance Officer

Real Estate Manager

Property Acquisition Manager

Business Development Manager

Contract Manager

Real Estate Director

Chief Legal Officer

Property Portfolio Manager

Transaction Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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