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Listing Agreement Template for Austria

A standardized agreement governed by Austrian law that establishes the formal relationship between a property owner/seller and a real estate broker for the marketing and sale/lease of a property. The document complies with the Austrian Real Estate Broker Act (Immobilienmaklerverordnung) and Civil Code (ABGB), outlining the broker's authority, services, commission structure, and obligations of both parties. It includes specific provisions for property marketing, showing arrangements, commission terms, and the duration of the listing, while ensuring compliance with Austrian consumer protection and data protection regulations.

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What is a Listing Agreement?

The Listing Agreement is a crucial document in Austrian real estate transactions that formalizes the professional relationship between property owners and real estate brokers. It is used when a property owner wishes to engage a professional broker to market and facilitate the sale or lease of their property. The agreement must comply with Austrian legislation, particularly the Real Estate Broker Act (Immobilienmaklerverordnung) and the Civil Code (ABGB). This document typically includes essential details such as property description, listing duration, commission structure, broker's services, and marketing strategy. The Listing Agreement is particularly important in Austria as it must address specific local requirements regarding broker obligations, consumer protection, and commission regulations that differ from other jurisdictions.

What sections should be included in a Listing Agreement?

1. Parties: Identification of the property owner/seller and the real estate broker, including full legal names, addresses, and registration details

2. Background: Brief context of the agreement, stating the owner's intention to sell/lease the property and engage the broker's services

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

4. Property Details: Specific description of the property being listed, including address, land registry details, and property characteristics

5. Appointment and Authority: Formal appointment of the broker and scope of authority granted

6. Listing Terms: Duration of the listing, asking price/rent, and any specific conditions for the sale/lease

7. Broker's Services and Obligations: Detailed description of services to be provided by the broker, including marketing efforts and showing responsibilities

8. Owner's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

9. Commission Structure: Details of broker's commission, including amount, payment conditions, and timing

10. Termination: Conditions and process for ending the agreement

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

12. Signatures: Execution blocks for all parties

What sections are optional to include in a Listing Agreement?

1. Dual Agency: Required when broker may represent both seller and potential buyers

2. Property Management: Include when broker will provide property management services during the listing period

3. International Marketing: Details specific marketing efforts for international buyers/tenants

4. Environmental Matters: Required for properties with specific environmental considerations or certifications

5. Data Protection: Extended GDPR compliance section for complex data processing scenarios

6. Virtual Tours: Specific provisions for virtual showings and digital marketing

7. Exclusivity Terms: Detailed terms when the listing is exclusive, including any carve-outs

What schedules should be included in a Listing Agreement?

1. Schedule 1 - Property Description: Detailed property specifications, including floor plans, boundaries, and included fixtures

2. Schedule 2 - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the broker

3. Schedule 3 - Commission Calculation: Detailed breakdown of commission structure and examples

4. Schedule 4 - Property Documentation: List of all property-related documents provided by the owner

5. Appendix A - Property Photographs: Official photographs of the property for marketing purposes

6. Appendix B - Energy Certificate: Required energy performance certificate (Energieausweis)

7. Appendix C - Land Registry Extract: Current land registry extract (Grundbuchauszug)

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

Jurisdiction

Austria

Document Type

Agreement Contract

Cost

Free to use

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