Real Estate Listing Contract Template for Austria

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Key Requirements PROMPT example:

Real Estate Listing Contract

"I need a basic Real Estate Listing Contract under Austrian law for a residential property in Vienna, with exclusive listing rights for 6 months starting March 1, 2025, including standard 3% commission and basic marketing services."

Document background

The Real Estate Listing Contract (Immobilienmaklervertrag) is a fundamental document in Austrian property transactions, used when a property owner wishes to engage a professional real estate broker to market and sell their property. This contract type is essential for establishing clear terms of engagement between the parties and ensuring compliance with Austrian real estate regulations. The document typically includes detailed specifications of the property, broker's services, commission structures, and marketing commitments. It must comply with various Austrian laws, including the MaklerG, ABGB, and consumer protection regulations. The contract is particularly important as it protects both parties' interests and sets clear expectations for the brokerage relationship, while ensuring adherence to strict Austrian real estate industry standards and practices.

Suggested Sections

1. Parties: Identification of the real estate broker and the property owner/seller, including full legal names, addresses, and registration/license numbers for the broker

2. Background: Brief context of the agreement and the intention to engage in a real estate brokerage relationship

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', and 'Successful Transaction'

4. Property Details: Complete description of the property being listed, including address, land registry details, and property features

5. Scope of Services: Detailed description of the broker's services, marketing commitments, and obligations

6. Listing Period: Duration of the listing agreement, including start date, end date, and any automatic renewal provisions

7. Commission Structure: Details of the broker's commission, including percentage or fixed amount, payment conditions, and triggering events

8. Property Owner's Obligations: Responsibilities of the property owner, including providing accurate information and property access

9. Broker's Obligations: Specific duties and responsibilities of the broker, including marketing efforts and reporting requirements

10. Termination Rights: Conditions and procedures for early termination by either party

11. Data Protection: GDPR-compliant provisions regarding the handling of personal data

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

Optional Sections

1. Dual Agency Provisions: Required when the broker may potentially represent both seller and buyer

2. International Marketing: Additional provisions for marketing the property internationally

3. Professional Photography: Specific terms regarding professional photography services and image rights

4. Virtual Tours: Terms regarding virtual tour creation and online presentation

5. Exclusive Listing Rights: Additional terms when the listing is exclusive rather than non-exclusive

6. Energy Certificate Handling: Specific provisions regarding the energy performance certificate if not immediately available

7. Property Management: Additional terms if the broker will provide property management services during the listing period

8. Success Bonus: Optional provisions for additional compensation if certain targets are met

Suggested Schedules

1. Schedule A - Property Description: Detailed property specifications, including floor plans, land registry excerpts, and technical details

2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the broker

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures for different transaction scenarios

4. Schedule D - Property Documentation: List of all property-related documents provided by the owner

5. Appendix 1 - Broker's License: Copy of the broker's professional license and registrations

6. Appendix 2 - Property Photos: Initial photo documentation of the property

7. Appendix 3 - Energy Certificate: Property's energy performance certificate

8. Appendix 4 - Disclosure Form: Standard disclosure form as required by Austrian real estate regulations

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Construction

Residential Property

Commercial Property

Retail Property

Industrial Property

Hospitality

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Sales

Compliance

Business Development

Operations

Property Management

Marketing

Contract Administration

Transaction Services

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Real Estate Director

Sales Manager

Business Development Manager

Property Development Manager

Contract Administrator

Real Estate Operations Manager

Transaction Manager

Marketing Manager

Real Estate Portfolio Manager

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