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Broker Service Agreement
"I need a Broker Service Agreement under Austrian law for my real estate agency, which will be providing exclusive property brokerage services to corporate clients in Vienna, with a minimum commitment period of 24 months starting March 2025."
1. Parties: Identification of the broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and general purpose of the brokerage relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of brokerage services to be provided
5. Broker's Rights and Obligations: Core responsibilities and rights of the broker, including information obligations under MaklerG
6. Client's Rights and Obligations: Core responsibilities and rights of the client, including cooperation requirements
7. Commission and Payment Terms: Structure and timing of broker compensation, including success fees and expense reimbursement
8. Term and Termination: Duration of the agreement and termination provisions
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling procedures
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Exclusivity: Used when the broker is granted exclusive rights for specific transactions or territories
2. Insurance Requirements: Include when specific professional insurance coverage is required
3. Non-Compete: Added when restrictions on competitive activities are necessary
4. Consumer Protection Provisions: Required when the client qualifies as a consumer under KSchG
5. Compliance with Anti-Money Laundering: Include for financial or real estate brokers subject to AML regulations
6. Force Majeure: Added when specific provisions for unforeseen circumstances are needed
7. Assignment and Subcontracting: Include when transfer of rights or use of sub-brokers needs to be addressed
8. Marketing and Branding: Used when the broker has rights to use client's branding or marketing materials
1. Schedule 1 - Service Description: Detailed breakdown of specific brokerage services and deliverables
2. Schedule 2 - Commission Structure: Detailed fee calculations, commission tiers, and payment scenarios
3. Schedule 3 - Territory Definition: Geographic or market scope of the broker's authority
4. Schedule 4 - Reporting Requirements: Templates and timing for regular reporting
5. Appendix A - Required Documentation: List of documents required for regulatory compliance
6. Appendix B - Contact Details: Key contacts and escalation procedures for both parties
7. Appendix C - Compliance Procedures: Specific compliance requirements and procedures to be followed
Authors
Real Estate
Financial Services
Insurance
Investment Banking
Commodities Trading
Business Services
Mergers and Acquisitions
Commercial Property
Securities Trading
Private Equity
Asset Management
Corporate Finance
Business Brokerage
Professional Services
Legal
Compliance
Procurement
Finance
Risk Management
Operations
Commercial
Business Development
Regulatory Affairs
Sales
Corporate Development
Contract Management
Investment
Real Estate
Legal Counsel
Compliance Officer
Business Development Manager
Procurement Manager
Contract Manager
Chief Financial Officer
Risk Manager
Operations Director
Commercial Director
Business Broker
Real Estate Agent
Financial Services Manager
Insurance Broker
Investment Manager
Managing Director
Head of Sales
Corporate Development Officer
General Counsel
Regulatory Affairs Manager
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