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Cancellation Policy and Rights of Withdrawal for Distance Selling and Extra Business Area Contracts
The interested party is informed that a consumer has the right to withdraw from this agreement within 14 days upon conclusion of the brokerage agreement outside the broker’s business premises or exclusively via distance selling pursuant to § 11 FAGG. The withdrawal period begins on the day the contract is concluded for the right to withdraw from the real estate contract. The declaration of revocation can be submitted using the revocation form provided, but is not bound by any form.
If the real estate agent is to take early action before expiry of this fourteen-day withdrawal period (e.g. transmission of detailed information, agreement of a viewing date), the interested party must expressly request this and – if the contract is fulfilled in full within this period – lose his right to withdraw from the real estate contract.
The complete provision of services by the real estate agent shall be deemed to be the naming of the business opportunity due to a deviating use of the business, in particular if the interested party does not wish or make possible any further activities of the real estate agent. In this case, the brokerage contract can no longer be revoked and is the basis of a commission claim if a legal transaction is subsequently concluded regarding a business opportunity named by the real estate agent.
In the event of withdrawal pursuant to § 11 FAGG, the consumer undertakes not to make use of the information obtained.
- The interested party wishes to take early action (e.g. transmission of detailed information, arrangement of a viewing appointment) within the open withdrawal period. The interested party acknowledges that he loses the right to withdraw from the brokerage contract if the contract is fulfilled in full (naming). However, an obligation to pay the commission only exists after the mediated transaction (purchase contract, rental contract) has come about due to the meritorious, causal activity of the broker.
- The interested party does not wish any early action.
The interested party receives a copy of this brokerage agreement on a permanent data carrier and an overview of additional costs (ÖVI-Form 13 K or M, overview of additional costs and information about the brokerage agreement as well as any rights of withdrawal).