Tirol Real Estate Terms and Conditions

I. General

These General Terms and Conditions of Karlinger Real Estate GmbH (hereinafter referred to as "Broker") shall form an integral part of all offers, cost estimates and other legal declarations of the Broker as well as of the brokerage contracts concluded by him. Amendments or collateral agreements must be made in writing; this also applies to any waiver of this written form requirement. Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

II. Content of the brokerage contract

(1) Upon conclusion of a brokerage contract, the broker shall be entrusted with brokering the transactions listed in the Real Estate Brokerage Ordinance (Immobilienmaklerverordnung), Federal Law Gazette II 1996/297, as amended, in particular the exchange, purchase or sale of real estate, shares in real estate, condominiums, as well as rental agreements concerning business premises, apartments and single-family houses, and lease agreements concerning real estate and companies.

2. in case of conclusion of an exclusive brokerage agreement, the client undertakes not to use any other broker for the transaction to be brokered. If the sole brokerage contract is not extended in writing by the client after the expiry of the agreed period, it is converted into an unlimited simple brokerage contract, which can be terminated in writing by both contracting parties at any time without giving reasons and with immediate effect. Within the framework of a plain brokerage contract, the client is entitled to engage other real estate brokers, obligated to set. 3.

3. the broker is allowed to be active as a double broker, but will announce if he is in a family or economic close relationship with the third party to be mediated.

4 The broker is in principle not obliged to check the truthfulness of the information provided by the client, but may rely on its accuracy. Insofar as the client culpably provides the broker with incorrect information, the client shall be liable to the broker for any damages and (at most frustrated) expenses incurred by the broker as a result thereof.

In addition to the payment of a commission in accordance with point III of these General Terms and Conditions, the client undertakes to support the broker in the performance of his brokerage activities in good faith and to refrain from passing on any interested parties communicated to him. Furthermore, the client shall inform the broker immediately in writing of any change in his rental, leasing or sales intentions. For the duration of any exclusive agency agreement concluded, the client shall furthermore undertake to inform the broker immediately in writing of those persons who have contacted the client directly.

III Commission

Unless otherwise agreed in individual cases, the maximum commission rates listed in the Real Estate Agent Ordinance (Immobilienmaklerverordnung) BGBl II 1996/297 as amended, plus 20% VAT, shall be deemed to have been agreed.

(2) The client undertakes to pay the commission to the broker if the latter has made the property in question known to the client's contracting party; the broker shall also be entitled to the commission if he has earned money in a way other than by making the property in question known (e.g. by acting as an intermediary).

3. payment of the commission is further agreed in the event that the client passes on the interested parties named by the broker to another person with whom the transaction is concluded, or a statutory or contractual right of first refusal, right of repurchase or right of entry has been exercised, or if a rental or lease or purchase agreement is concluded with an interested party to whom the property was made known during the term of the contract within 3 years of termination of the commission.

4. In addition, it is agreed for the duration of any exclusive brokerage agreement concluded that the client shall also pay the commission if - he terminates the exclusive brokerage agreement prematurely in breach of contract without good cause or - the transaction is concluded during the duration of the exclusive brokerage agreement in breach of contract through the mediation of another broker commissioned by the client or in another manner - or the transaction specified in the exclusive brokerage agreement is not concluded contrary to good faith solely because because the client, contrary to the previous course of negotiations, omits a legal act required for the conclusion of the transaction without a noteworthy reason. 5.

The client is not entitled to set off his own claims against the broker's commission claims. This waiver of set-off shall not apply to claims of the Client which have been acknowledged by the Broker in writing or which have been legally established.

IV. Summary of ancillary costs and rights of withdrawal

At the latest upon conclusion of a brokerage contract, the Broker shall provide the Principal with an overview of ancillary costs, from which in particular ancillary costs upon conclusion of the respective contracts as well as the rights of withdrawal to which the Principal may be entitled pursuant to the Consumer Protection Act (if the Principal is a consumer within the meaning of § 1 of the Consumer Protection Act) and pursuant to the Real Estate Developer Contract Act (if a real estate developer contract pursuant to § 5 of the Real Estate Developer Contract Act) are to be derived, whereby the Broker shall not assume any liability whatsoever for the correctness of the content of the information provided therein despite the utmost care and circumspection in the preparation of the overview of ancillary costs.

V. Other Provisions

1. 6020 Innsbruck is agreed as the place of performance for all obligations arising from the brokerage contract.

For all legal disputes between the broker and the client, the exclusive jurisdiction of the competent court for Innsbruck in Tyrol is agreed. Insofar as the client is a consumer within the meaning of the Consumer Protection Act and has his domicile or habitual residence in Austria or is employed in Austria, this agreement on the place of jurisdiction pursuant to § 14 Consumer Protection Act shall only apply if this establishes the jurisdiction of a court in whose district the domicile, habitual residence or place of employment of the client is located. In any case, the broker shall be entitled to sue the client also before any other court of jurisdiction provided by law. 3.

The business relationship between the broker and the client shall be governed by Austrian law, excluding the conflict-of-law rules of private international law.