General Terms and Conditions
- 1. The following General Terms and Conditions of Business constitute an integral component of any business conducted by the company COORE-GC Real Estate GmbH (acronym: COORE). They apply in accordance with the most current version of the Austrian Brokers Act (MaklerG) and are assumed as agreed upon between COORE and the offer recipient, unless otherwise agreed upon.
- 2. Our offers are non-binding. The seller/renter holds no obligation prior to written acceptance of a prospective offer, thus we reserve the right to prior sale, subletting and/or subleasing.
- 3. Should the recipient of a COORE offer be aware that an offered property or other business opportunity offered by COORE is already available for sale or rent, the recipient is bound to communicate this in writing without delay, otherwise the recipient acknowledges the business opportunity as grounds for charging a commission fee.
4. The client is obliged to pay a commission fee if the transaction under negotiation or a transaction of similar commercial intent provided by the brokers’ services is transferred to a third party.
5. Such a legal transaction is further defined as a contract which is created in lieu of the initial transaction under negotiation with which the client or potential third party holds an option to unilateral temporary rights. In this event, 50% of the agreed commission shall be payable upon conclusion of the option agreement and the remaining 50% shall be payable upon execution of the option agreement.
6. Right to commission shall also be granted on the basis of increased amount or supplemental contracts, should a given business opportunity provided by COORE undergo a contract extension or supplement within three years. Both contracting parties shall undertake to communicate this to COORE.
7. The broker has further rights to a commission fee when:
a) The business transaction described in the broker contract is not executed for the exclusive reason that the client, contrary to the status of current contract negotiations, terminates the legal agreement without any notable reason (e.g. Termination due to good faith);
b) The business opportunity described in the brokerage agreement is concluded with persons or parties other than the original client, for the reason that the original client informed the new person or parties about the business opportunity which had been disclosed by the broker.
c) The transaction is not concluded with the named third party for reasons of legal/contractual pre-emptive rights, repurchase rights or rights of subrogation.
d) The sole broker agreement is terminated early by the client without noteworthy reason or the business opportunity is concluded in the duration of the sole broker agreement exclusive agency contract.
8. A commission fee shall also become due even if it has been earned in some way other than by nomination.
9. Condition of the building, the land, harmful material, contamination: Unless COORE has been notified to the contrary, COORE shall make the unverified assumption of the absence of construction materials, structures or ground properties which could i) render the property as dangerous, ii) could substantially reduce property use or iii) could be harmful to residents and users, or iv) which could generate exceptional costs.
10. COORE shall not conduct any dimensional checks of the building or property. Nor shall COORE carry out any functional tests of the building technology or of associated structures.
11. All disputes arising from the legal relationship between the client and COORE are subject to the laws of Austria to the exclusion of the choice of law rules of Austrian international private law and the provisions of the UN Sales Convention. The competent courts of Vienna, Inner City (Innere Stadt), shall have exclusive jurisdiction, unless the client does not have Austrian residency, doesn’t habitually reside in Austria, or is not employed in Austria.
12. COORE’s liability for any and all bodily or property damages (including third parties), which occur during the visit of an offered property or building shall be excluded.
13. Amendments, alterations and/or oral ancillary agreements must be made in writing.
14. Should individual provisions of these General Terms and Conditions be wholly or partially void and/or unenforceable, the validity and/or enforceability of the remaining provisions or portions shall remain unaffected. This also applies to other agreements that deviate from the broker contract–the remaining proportion of these General Terms and Conditions in their full scope.