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Estate Agency Contracts
"I need an Estate Agency Contract for an exclusive 6-month agreement starting March 2025 to sell a luxury residential property in Vienna, with specific provisions for international marketing and a success-based commission structure."
1. Parties: Identification of the estate agent (broker) and the client (seller/landlord or buyer/tenant), including full legal names, addresses, and registration numbers
2. Background: Context of the agreement, including whether the client is seeking to sell/let or buy/rent property
3. Definitions: Key terms used in the agreement, including property-related terminology and commission-related definitions
4. Scope of Services: Detailed description of the estate agent's services, including marketing, viewings, and negotiation activities
5. Agent's Obligations: Legal duties of the agent including disclosure requirements, due diligence, and professional standards
6. Client's Obligations: Client's responsibilities including providing accurate information and necessary documentation
7. Commission Structure: Detailed breakdown of commission rates, payment conditions, and triggering events as per MaklerG
8. Duration and Termination: Term of the agreement, notice periods, and conditions for termination
9. Data Protection: GDPR compliance provisions regarding the handling of personal data
10. Anti-Money Laundering: Obligations and procedures related to AML compliance
11. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Sole Agency Rights: Used when the agent is granted exclusive rights to market and sell/let the property
2. Marketing Budget: Include when specific marketing activities and associated costs need to be agreed upon
3. Property Management Services: Required when the agent will provide ongoing property management services
4. International Property Provisions: Include for cross-border transactions or when dealing with international clients
5. Developer Specific Terms: Required when dealing with new developments or off-plan properties
6. Multiple Property Provisions: Include when the agreement covers multiple properties
7. Success Bonus: Optional provisions for additional compensation upon achieving specific targets
1. Property Details: Detailed description of the property including address, size, features, and condition
2. Commission Calculation Examples: Illustrative examples of how commission will be calculated in different scenarios
3. Marketing Plan: Detailed marketing strategy and timeline
4. Required Documentation: List of documents required from the client for AML compliance and property marketing
5. Service Level Agreement: Detailed breakdown of service standards and response times
6. Fee Schedule: Comprehensive breakdown of all possible fees and charges
7. Standard Terms and Conditions: General terms and conditions as required by Austrian law
Authors
Residential Real Estate
Commercial Real Estate
Retail Real Estate
Industrial Real Estate
Luxury Real Estate
Property Development
Property Management
Real Estate Investment
Hospitality Real Estate
Mixed-Use Development
Legal
Real Estate
Sales
Compliance
Operations
Business Development
Property Management
Contracts Administration
Risk Management
Client Relations
Real Estate Agent
Property Manager
Real Estate Broker
Sales Director
Business Development Manager
Legal Counsel
Compliance Officer
Contract Manager
Real Estate Investment Manager
Property Consultant
Estate Agency Owner
Managing Director
Operations Manager
Transaction Manager
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