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The Estate Agency Agreement is a fundamental document used in Austrian real estate transactions to formalize the relationship between real estate agents and their clients. This agreement is essential when engaging a professional real estate agent to market, sell, or lease property in Austria. The document must comply with Austrian legislation, particularly the MaklerG (Real Estate Agent Act) and the ABGB (Austrian Civil Code), which set specific requirements for real estate brokerage services. It typically includes detailed provisions about the agent's services, commission structures, exclusivity terms, and obligations of both parties. The agreement is designed to protect both the agent's and client's interests while ensuring transparency and compliance with Austrian consumer protection laws, data protection regulations, and anti-money laundering requirements.

1. Parties: Identification of the estate agent and the client (seller/landlord or buyer/tenant), including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the property-related services being sought

3. Definitions: Key terms used throughout the agreement, including specific Austrian real estate terminology

4. Scope of Services: Detailed description of the estate agent's services, including marketing, viewings, and negotiation responsibilities

5. Duration of Agreement: Term of the agreement, including start date and termination conditions

6. Commission Structure: Detailed breakdown of the agent's commission, payment terms, and conditions for commission becoming due

7. Agent's Obligations: Specific duties and responsibilities of the estate agent, including disclosure requirements under MaklerG

8. Client's Obligations: Client's responsibilities, including providing accurate information and cooperation requirements

9. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive, and related conditions

10. Termination: Conditions and process for terminating the agreement, including notice periods

11. Data Protection: GDPR compliance and handling of personal data

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