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Posts tagged #estate agent

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OGH: Estate Agent’s Breach of Care and Information Duties

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether legal proceedings regarding an alleged violation of the duty of care and the obligation to provide information by an estate agent, relating to the sale of ...

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Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional

Constitutional Law 

Since 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...

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OGH: Failure to Disclose Relationship Forfeits Commission

Civil Law 

In a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that estate agents lose their entitlement to a commission if they fail to disclose in writing and in good time any close family or business relat...

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