General Terms and Conditions of Business

General Terms and Conditions of Business

March 2023

1. The General Terms and Conditions (GTC) regulate the legal relationship between clients (deliverers and interested parties) and PICEA ImmobilienberatungsGmbH (hereinafter: PICEA) when brokering real estate. The General Terms and Conditions take into account the current legal situation, in particular the MaklerG, the Real Estate Agents Ordinance (Imm.maklerVO), the ABGB and the special professional rules for real estate agents.If the concluded contract contains more specific provisions, these take precedence over the GTC.

2. PICEA acts exclusively in the interests of one side (supplier or interested party) and therefore takes into account the interests of the respective client.Double brokerage (representation of the interests of both sides) may exceptionally exist in the case of off-market transactions; furthermore, if only one (1) seller and only one (1) interested party is addressed by PICEA at the same time.Since PICEA normally works for one contracting party, we recommend that the other party consult experts if necessary, especially to check marketability and cost-effectiveness.

   Each party must obtain external advice that goes beyond this, such as legal and tax expertise, if necessary.

3.  PICEA receives all necessary documents and information from the client as well as necessary powers of attorney that are relevant for the mediation. The client has to support the broker honestly in carrying out his brokerage activities.The compilation of the information relating to the property is undertaken with professional care and know-how. However, PICEA has no influence on the information provided by third parties. Known defects, value-determining or other significant circumstances must be reported by the client.Unless PICEA has been informed otherwise, PICEA assumes (without checking) that there are no building materials, buildings or properties of the ground that could endanger the property, limit its usability or be harmful to residents and users, or that unusual costs could arise as a result. PICEA does not carry out dimensional checks of the building or property. Likewise, no functional tests are carried out on the building services or the components or installations used.

4. Property offers from PICEA are subject to change and non-binding.The interested party also has no right to have his offer accepted by the seller, even if it fully corresponds to the property offered. It is therefore the case that an interim sale, an interim rental or interim leasing is also possible.Unless expressly agreed otherwise, PICEA has no power of attorney to conclude transactions.

5. If the client is already familiar with a property offered by PICEA, the client must notify this immediately in writing, and the client must also provide appropriate evidence.

6. The right to commission arises according to § 7 MaklerG with the legal effectiveness (i.e. agreement of will or possible fulfillment of conditions) of the brokered transaction and is due immediately – unless a later due date has been agreed in individual cases.The right to payment of the commission arises at this point in time, regardless of the accounting.Unless otherwise agreed in individual cases, the amount of the commission claim is based on the commission rates of the Imm.maklerVO.

   This obligation to pay also applies if

• the client, contrary to the previous course of negotiations omits a Legal act required for the legal transaction without a  noteworthy reason (revocation against good faith).
• with the third party mediated by the broker other than a purpose-equivalent business comes about or
• the transaction described in the brokerage contract not with the client, but  with another person comes about because the client of this is informed of the possibility of closing announced by the broker or
• the transaction not with the mediated third party, but with another person  comes about because the mediated third party uses the business opportunity  as announced, or
• the transaction does not come about with the brokered third party because a  statutory or contractual right of first refusal, repurchase or right of entry  is exercised.The obligation to pay is also agreed in the event that
• the sole brokerage contract is terminated prematurely without good cause
• the transaction has come about but is in breach of contract for the duration of the sole brokerage contract  through the mediation of another broker commissioned by the client or
• the transaction during the duration of the sole agency engagement in a manner other than through the mediation of another broker commissioned by the client has come about.In the event of a follow-up transaction within three years, the broker is entitled to any difference in the form of an additional commission. This applies, for example, if an initially rented property is subsequently sold to the tenant or another legal transaction (additional rental or further purchase) is concluded between the clients. The entitlement to commission from the follow-up business also exists if the broker did not make any profit from this follow-up business. In the event of an extension of a fixed-term lease, the supplementary commission rates of the Immo.maklerVO apply.If the mediation of an option contract is the subject of the brokerage contract, the client must pay 50% of the maximum commission rate applicable to the transaction if the option right is granted. This amount will be credited when exercising his option right.

  A commission reduction is always agreed in writing and is subject to the condition that payment of the reduced amount is credited to the agent’s account within one week at the latest. Otherwise the full amount is due.

  The claim for commission only lapses if the client proves that the legal transaction is not carried out for reasons for which he is not responsible, the enforcement of the right to hold the legal transaction fails for reasons for which the client is not responsible or is unreasonable.

7.  The broker reserves the right to mediate the property by way of a joint transaction. In this case, there are no further costs for the customer.

8. The place of fulfillment is Vienna. The place of jurisdiction for all legal disputes arising from or in connection with the present agreement, including the question of the valid conclusion and its preliminary and subsequent effects, is exclusively the court with subject matter jurisdiction for 1010 Vienna.The parties to the contract agree on the application of Austrian law, excluding the conflict of law provisions of private international law and the UN Sales Convention.

9. Should individual provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. In the case of contracts with entrepreneurs, a wholly or partially ineffective provision shall be replaced by a provision that comes closest to the meaning and purpose of the ineffective provision.