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The Real Estate Agency Agreement (Real Estate) is a crucial document used in Austrian property transactions to establish a formal relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a professional agent to market and sell/lease their property in Austria. The document must comply with Austrian legal requirements, particularly the Maklergesetz (Real Estate Agent Law), and includes detailed provisions on commission structures, service scope, obligations of both parties, and regulatory compliance. It's commonly used for both residential and commercial properties and can be adapted for exclusive or non-exclusive agency arrangements. The agreement provides protection for all parties involved and ensures clarity in the professional relationship while meeting Austrian regulatory requirements for real estate transactions.

1. Parties: Identification of the Principal (property owner/seller) and the Agent, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including Property, Services, Commission, etc.

4. Appointment and Scope: Terms of the agent's appointment and detailed scope of services to be provided

5. Duration and Termination: Term of the agreement, including start date and termination provisions as per Austrian law

6. Agent's Obligations: Detailed responsibilities of the agent, including marketing efforts, showing property, documentation requirements

7. Principal's Obligations: Responsibilities of the property owner, including providing accurate information and necessary documentation

8. Commission Structure: Detailed commission arrangements, payment terms, and conditions for commission eligibility as per Maklergesetz

9. Exclusivity Terms: Whether the appointment is exclusive or non-exclusive, and related terms

10. Compliance Requirements: Anti-money laundering obligations, data protection requirements, and other regulatory compliance matters

11. Liability and Insurance: Liability limitations, professional indemnity insurance requirements, and related provisions

12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction