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The Brokerage Agreement For Sale Of Property is a crucial document in Austrian real estate transactions, used when a property owner engages a professional broker to market and facilitate the sale of their property. This agreement is governed by Austrian legislation, particularly the Real Estate Broker Act (MaklerG), and must comply with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG). The document is essential for establishing clear terms of engagement, defining the broker's responsibilities and commission structure, and protecting both parties' interests. It includes specific provisions for property marketing, showing services, negotiation assistance, and commission terms. The agreement becomes particularly important in establishing exclusivity rights, commission triggers, and defining the scope of services in the context of Austrian real estate practice.

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

2. Background: Context of the agreement, including brief description of the property to be sold and the broker's role

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

4. Scope of Services: Detailed description of the broker's services, including marketing, showing property, negotiating with potential buyers

5. Broker's Rights and Obligations: Specific duties and rights of the broker as per MaklerG, including disclosure obligations and professional standards

6. Client's Rights and Obligations: Property seller's responsibilities, including providing accurate information and reasonable access to the property

7. Commission Structure: Details of the broker's commission, including percentage, calculation method, and when it becomes payable

8. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive, and implications thereof

9. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

10. Data Protection: GDPR compliance provisions regarding handling of personal data

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

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

13. Signatures: Execution block for all parties, including date and place of signing