The following terms and conditions are an integral part of all communication from this company. They also form part of the brokerage agreement concluded between CB Richard Ellis and the client.
Our offers are non-binding and without engagement.
All descriptions, details and specifications are obtained from sources which CB Richard Ellis considers to be reliable. Such descriptions, details and specifications have, however, not been verified by us and we make no warranty, guarantee or representation about them. It is solely and exclusively incumbent on the potential buyer or tenant to personally verify the correctness and completeness of the information in an appropriate manner.
All opinions, assumptions, estimates and projections are used for example only and do not represent the current or future performance of the property. The potential buyer or tenant is therefore advised to personally examine all possible preconditions and consequences of the purchase or rent of the real estate or property in question, in particular legal, tax, financial and / or technical, as we shall bear no liability for this.
CB Richard Ellis has not performed any examination regarding pollution or potential contamination of land, buildings, water, air or other environmental factors, and is therefore unable to make any guarantees in this regard. It is the obligation of the potential buyer or tenant to ascertain or inspect such circumstances.
If the client is aware that the offered property is already available for purchase or rent, CB Richard Ellis must be informed immediately in writing, otherwise the tender offer will be considered to have been accepted.
Liability for the payment of a commission arises from the agreement to conclude a contract regarding the property offered by this firm, and shall persist in the event of such an agreement being revoked.
Liability for the payment of a commission shall also arise in the event of the contract being concluded on terms other than those contained in the tender offer, or if the contract is extended or amended by one or more other contracts within three years.
The client is obliged to pay the agreed commission to CB Richard Ellis as compensation and reimbursement for expenditure incurred and activities performed, including in the event of successful brokerage not directly attributable to CB Richard Ellis, if
the legal transaction procured by CB Richard Ellis is not performed, contrary to the result of previous negotiations, as the sole consequence of the client’s wilful default and failure without good reason to carry out a legal act required for the settlement of the transaction;
a transaction which serves a different purpose is concluded with the third party procured by CB Richard Ellis, insofar as such a transaction falls within our field of business activity;
the procured transaction is not concluded with the client, but with another party who was informed by the client of the possibility of conclusion made available by CB Richard Ellis, or the transaction is not concluded with the procured third party, but with another party who was informed by the procured third party of the opportunity to conclude the transaction, or
the transaction is not concluded with the procured third party as a result of the exercise of a legal or contractual preferential right to purchase, right to repurchase or succession.
The client is obliged to pay a sum in the amount of the agreed commission to CB Richard Ellis as compensation and reimbursement for expenditure incurred and activities performed in the conclusion of an exclusive brokerage arrangement, whether or not successful brokerage is directly attributable to CB Richard Ellis, if
the exclusive brokerage arrangement is, contrary to the terms of the contract, prematurely revoked by the client for no good reason;
the transaction is completed, contrary to the terms of the contract, during the period of the exclusive brokerage arrangement as a result of services rendered by another broker commissioned by the client, or
the transaction is completed in some other fashion during the period of the exclusive brokerage arrangement, other than as a result of services rendered by another broker commissioned by the client.
Agreements which deviate from these terms and conditions must be made in writing.
The parties agree that CBRE’s liability for cases of slight negligence is excluded.
In case of gross negligence CBRE's liability shall be limited to the third party liability insurance cover available for CBRE for the concrete damage; at the most, however, to € 1.500.000.
Damage claims against the supplier are limited to the period of 1 year after the knowledge of the damage by the instructing party.
CBRE’s liability for intention shall be unlimited.
Place of jurisdiction and place of performance is Vienna.
