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Estate Agency Contract Template for Austria

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Key Requirements PROMPT example:

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."

Document background
Estate Agency Contracts (Maklervertr盲ge) in Austria are fundamental documents used to establish and regulate the professional relationship between real estate agents and their clients. These contracts must comply with the Austrian Real Estate Agent Act (MaklerG), the Civil Code (ABGB), and Consumer Protection Act (KSchG). The document is essential for any property transaction in Austria, whether for sale, purchase, or lease of residential or commercial properties. It details the agent's services, commission structures, obligations of all parties, and includes specific provisions required by Austrian law for consumer protection and professional practice. The contract serves as the primary reference point for the rights and responsibilities of both the agent and the client throughout the property transaction process.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses































Relevant Industries

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

Relevant Teams

Legal

Real Estate

Sales

Compliance

Operations

Business Development

Property Management

Contracts Administration

Risk Management

Client Relations

Relevant Roles

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

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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