Real Estate Broker Agreement Template for Austria

The Real Estate Broker Agreement is a fundamental document in Austrian property transactions, used to formalize the relationship between professional real estate brokers and their clients. This agreement is essential when engaging a broker to facilitate the sale, purchase, or lease of property in Austria. It must comply with the Austrian Real Estate Broker Act (Maklergesetz) and related regulations, which set strict requirements for broker conduct, commission structures, and client protection. The document typically includes comprehensive details about the property, scope of services, commission rates, marketing strategies, and the broker's obligations regarding property presentation and client communication. It's particularly important in ensuring transparency and legal compliance in Austrian real estate transactions, whether for residential or commercial properties.

1. Parties: Identification of the broker and the client (seller/landlord or buyer/tenant), including full legal names, addresses, and registration numbers where applicable

2. Background: Brief context of the agreement, including whether the client is seeking to sell, purchase, lease or rent property

3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terms and their meanings

4. Scope of Services: Detailed description of the broker's services, including property marketing, viewings, negotiations, and documentation assistance

5. Broker's Obligations: Specific duties of the broker including disclosure requirements, duty of care, and information obligations under Austrian law

6. Client's Obligations: Client's responsibilities including providing accurate information, cooperation requirements, and property access arrangements

7. Commission Structure: Details of the broker's commission, payment terms, and conditions for commission eligibility as per Austrian regulations

8. Duration and Termination: Term of the agreement, notice periods, and termination conditions in compliance with Austrian law

9. Confidentiality: Obligations regarding confidential information and data protection requirements

10. Liability and Insurance: Broker's professional liability provisions and insurance requirements

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

12. Signatures: Execution section including date and signatures of all parties