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.
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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
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
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)
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Commercial Property
Residential Property
Retail Property
Industrial Property
Hospitality
Construction
Professional Services
Relevant Teams
Real Estate
Legal
Compliance
Sales
Business Development
Asset Management
Property Management
Operations
Transactions
Contract Administration
Relevant Roles
Real Estate Agent
Property Manager
Real Estate Broker
Legal Counsel
Property Developer
Asset Manager
Real Estate Director
Compliance Officer
Sales Manager
Business Development Manager
Real Estate Portfolio Manager
Transaction Manager
Managing Director
Contract Administrator
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