header_1000x205_1000x0.jpg->description

Investigation duties of the real estate agent

24.03.2017

If there is no indication of inaccuracy, a real estate broker acting as a double broker may hand over the seller’s information to the buyer without verifying it. In principle, the real estate broker does not have any special investigation obligations. When arranging a condominium for sale, however, the broker is obliged to examine at least the condominium contract and the land register (§ 3 MaklerG). Any special features regarding the right of use or costs to be born must be clarified. If the real estate agent fails to inform the buyer about divergences between the condominium agreement and the land register entry, he is liable for the consequential damage if it turns out that a right of use is merely a "Prekarium" (revocable usage). [OGH 11.07.2016, 5 Ob 93/16m]

  • [„MaklerG“ is the Austrian Law on the activity of real estate and other agents]