General Terms and Conditions

These General Terms and Conditions (GTC) govern the legal relationship between BUXBAUM Immobilien GmbH ("Broker") and the clients (sellers and prospective buyers/tenants) within the framework of real estate brokerage services. They reflect the applicable legal provisions as defined by the Austrian Brokerage Act (MaklerG), the Real Estate Brokerage Ordinance (IMV), the Austrian Civil Code (ABGB), the Consumer Protection Act (KSchG), the Distance and Off-Premises Contracts Act (FAGG), and the Special Code of Conduct for Real Estate Brokers. If the signed brokerage agreement includes more specific terms, those shall take precedence over these GTC.

The broker typically acts in the interest of both parties (seller and buyer/tenant) and therefore operates as a dual agent, unless expressly excluded in an individual case. In doing so, the broker acts professionally and neutrally, taking both parties’ interests into account.

The seller (client) is obliged to provide the broker with all necessary information for the successful marketing of the property and, if required, to deliver relevant documents or grant a power of attorney for obtaining them. Any changes to the sales or rental terms must be coordinated with the broker.

All offers made by the broker are non-binding and subject to change. Even if a prospective client submits an offer that exactly matches the advertised terms, there is no obligation on the part of the seller to accept it. The broker does not have the authority to conclude contracts unless this is explicitly agreed upon and disclosed.

Prospective clients are not permitted to use the information provided by the broker if they have withdrawn from the brokerage agreement under a statutory right of withdrawal. The seller is not allowed to independently negotiate with such a client unless the broker has informed the seller about the client's withdrawal and the seller agrees to assume the commission obligation.

All property details are provided with the due diligence of a professional real estate broker, but without guarantee, as they may be based on information from third parties. Clients are obliged to disclose all relevant facts essential to the transaction, including known defects and value-determining factors. The broker's liability for damages in consumer transactions is limited to intent and gross negligence, except in cases of injury to life, body, or health. In business-to-business transactions, liability is limited to intent and gross negligence under the same exceptions.

The broker undertakes to advise both contracting parties objectively and impartially. Since the broker usually acts for both sides, clients are strongly advised to seek independent advice regarding legal, tax, technical, or economic matters.

If a prospective client is already aware of a property, they must immediately notify the broker in writing. The commission claim arises pursuant to § 7 of the Austrian Brokerage Act upon legal effectiveness of the transaction (mutual consent or fulfillment of a condition) and is due immediately, unless otherwise agreed. The commission claim is independent of the issuance of an invoice, and the amount is communicated to the consumer prior to entering into a contract.

The naming of the contracting party by the broker is sufficient to trigger the commission claim. The claim only lapses if the client can prove that the transaction was not completed for reasons beyond their control, or that enforcing the transaction would be unreasonable or impossible for such reasons.

Any commission discounts must be agreed in writing and are subject to the condition that the reduced amount is received in full within one week of invoicing. Otherwise, the full commission is deemed due.

In the event of payment default, the broker is entitled to charge default interest and necessary collection costs. The broker is also entitled to commission if a transaction is concluded on substantially similar terms or under different conditions than originally offered.

If a follow-up transaction is concluded within three years, the broker is entitled to a supplementary commission. This applies in particular if a rental property is later sold or if another transaction is concluded—even if the broker is not actively involved in the subsequent deal.

If an option agreement is brokered, a partial commission is due at that time. If the option is exercised, the balance up to the full agreed commission becomes payable.

The broker is also entitled to commission if the transaction fails due to bad faith withdrawal or because another broker was engaged during the term of an exclusive agreement. These provisions apply to consumer contracts only if explicitly agreed in writing.

The broker reserves the right to co-broker properties in cooperation with third parties (shared listings) at no additional cost to the client. Consumers will be comprehensively informed about their statutory withdrawal rights.

The place of performance is Vienna. For legal disputes arising from business-to-business transactions or from consumer transactions involving parties without a residence in Austria, the competent court in Vienna’s 1st district shall have exclusive jurisdiction.

The contractual parties agree to the application of Austrian law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this legal choice applies only to the extent that mandatory provisions of the law of the country in which the consumer habitually resides are not superseded.

Additional Provision for Business Clients:

If any provision of these General Terms and Conditions is or becomes wholly or partially invalid, this shall not affect the validity of the remaining provisions or contracts concluded under them. The invalid provision shall be replaced by a valid one that most closely reflects the original economic intent.