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The Real Estate Agent Contract (Maklervertrag) is a fundamental document in Austrian real estate transactions, essential for establishing the formal relationship between real estate agents and their clients. This contract is required whenever a professional real estate agent is engaged to provide property-related services in Austria, whether for sales, purchases, or leasing transactions. The document must comply with the Austrian Real Estate Broker Act (Maklergesetz), the Austrian Civil Code (ABGB), and relevant consumer protection legislation. It typically includes detailed provisions about the agent's services, commission structures, client obligations, and specific requirements for property transactions in Austria. The contract serves as a crucial tool for protecting both the agent's and client's interests while ensuring transparency and legal compliance in the Austrian real estate market.

1. Parties: Identification of the real estate agent and the client, including full legal names, addresses, and registration/license numbers for the agent

2. Background: Brief context of the agreement and the client's intention to engage the agent's services

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

4. Scope of Services: Detailed description of the real estate agent's services, whether for purchase, sale, or lease of property

5. Agent's Rights and Obligations: Comprehensive list of the agent's duties, including marketing efforts, showings, negotiations, and documentation requirements

6. Client's Rights and Obligations: Client's responsibilities, including providing accurate information, cooperation requirements, and exclusivity provisions if applicable

7. Commission Structure: Detailed breakdown of commission rates, calculation methods, and triggering events for payment

8. Payment Terms: Specifics about when and how commission payments are to be made, including any deposit requirements

9. Duration and Termination: Contract period, renewal terms, and conditions for termination by either party

10. Confidentiality: Provisions regarding the handling of confidential information and data protection requirements

11. Liability and Insurance: Scope of agent's liability, professional indemnity insurance, and limitation of liability provisions

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