Terms and conditions

German version prevails

The legally binding terms are the German version, see AGB (German). This page is an English summary for information. If the two differ, the German version prevails.

Consumers are protected by mandatory law (Austrian Consumer Protection Act, Distance and Off-Premises Contracts Act, Brokers Act) whatever these terms say.

Summary of the key points

• Scope: the terms apply to this website, property enquiries, search profiles and all brokerage and advisory services of RED Real Estates Development Bauträger und Immobilien GmbH, Sterngasse 3/2/6, 1010 Vienna.
• Forms: submitting a form creates no brokerage mandate and no obligation to pay. A mandate arises only by separate agreement or by using our brokerage services. Property enquiries need no acceptance of these terms; the brochure, the commission details and the withdrawal information are sent by our brokerage software. Valuation requests, discreet sale requests and search profiles require acceptance of these terms; consumers receive a summary, the withdrawal information and the model withdrawal form by email.
• Dual agency: RED may act for both sides of a transaction and agree a commission with both. We point out close personal or economic ties in each case.
• Property information: details come from owners, operators or third parties. We pass them on unchecked and give no warranty. Our documents are not binding and replace no legal, tax or technical review. All offers are subject to change.
• Confidentiality: property details are released after a non-disclosure and non-circumvention agreement. Going around RED is prohibited for 24 months from receipt of the information.
• Prior knowledge: if you already knew a property RED presented, tell us in writing within five working days and prove it. Otherwise RED counts as having introduced it.
• Commission: unless agreed otherwise, 3 % of the purchase price plus 20 % VAT, each from buyer and seller. For residential rentals the principle that the person who orders pays applies: a tenant pays only if the tenant instructed RED first. Commercial rentals and leases follow the maximum rates of the Real Estate Agents Ordinance.
• Money laundering: RED must identify clients, beneficial owners and the origin of funds and can pause or end its work if the information is not provided.
• Liability: RED is liable for intent and gross negligence. For businesses liability is capped at the net commission earned in the transaction. Mandatory consumer law remains unaffected.
• Website: no warranty for the content of the website.
• Law and courts: Austrian law applies. For businesses the court in Vienna, Innere Stadt, has exclusive jurisdiction. For consumers the statutory venues apply.

Withdrawal information and model withdrawal form (consumers)

As a consumer you can withdraw from a contract you concluded with RED at a distance (for example through a form on this website or by email) or off our business premises (section 11 of the Austrian Distance and Off-Premises Contracts Act, FAGG). The following text is a translation of the statutory model (Annex I FAGG). The binding wording is section 14 of the German terms.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (RED Real Estates Development Bauträger und Immobilien GmbH, Sterngasse 3/2/6, 1010 Vienna, Austria, Email: office@immo.red) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website at immo.red/en/talk (form “Message”). If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal without delay (e.g. by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early start and expiry of the right of withdrawal

If you expressly requested that RED start its services before the withdrawal period ends and confirmed that you are aware of losing the right of withdrawal once the contract has been fully performed, your right of withdrawal expires as soon as RED has fully performed the service (section 18 (1) no. 1 FAGG).

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To RED Real Estates Development Bauträger und Immobilien GmbH, Sterngasse 3/2/6, 1010 Vienna, Austria, Email: office@immo.red:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: …
• Ordered on (*)/received on (*): …
• Name of consumer(s): …
• Address of consumer(s): …
• Signature of consumer(s) (only if this form is notified on paper)
• Date: …

(*) Delete as appropriate.

The right to withdraw under section 30a of the Austrian Consumer Protection Act (property transactions on the day of the first viewing) remains unaffected.