Exclusive Seller Brokerage Engagement Agreement Template for Austria

The Exclusive Seller Brokerage Engagement Agreement is a crucial document in Austrian real estate transactions, used when a property owner wishes to grant exclusive selling rights to a professional broker or brokerage firm. This agreement, governed by Austrian law including the Maklergesetz and ABGB, establishes the exclusive relationship between the seller and broker, preventing the seller from engaging other brokers or selling the property independently during the agreement period. It's particularly important in high-value property transactions where coordinated marketing efforts and professional representation are essential. The document includes detailed provisions on commission structures, marketing obligations, property information, and compliance with Austrian real estate regulations, making it essential for both commercial and residential property sales in Austria.

1. Parties: Identification of the broker and the seller, including full legal names, addresses, and registration details for the broker

2. Background: Brief context of the seller's intention to sell the property and engage the broker

3. Definitions: Key terms used throughout the agreement, including Property, Exclusive Period, Asking Price, etc.

4. Appointment and Scope: Terms of the exclusive appointment and detailed scope of broker's services

5. Duration and Exclusivity: Period of the exclusive arrangement and terms of exclusivity

6. Broker's Obligations: Detailed listing of broker's duties, including marketing efforts, showing property, and reporting requirements

7. Seller's Obligations: Seller's commitments, including providing accurate information, access to property, and cooperation

8. Commission Structure: Details of broker's commission, including rate, calculation method, and payment terms

9. Property Information: Description of the property and its key characteristics

10. Marketing Authorization: Seller's authorization for specific marketing activities and use of property information

11. Termination: Conditions and process for terminating the agreement

12. Liability and Insurance: Scope of broker's liability and required insurance coverage

13. Confidentiality: Obligations regarding confidential information

14. Governing Law: Confirmation of Austrian law application and jurisdiction

15. Signatures: Execution block for all parties