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Agency fee
a) Following conclusion of a legal transaction, the agreed agency commission shall be payable into the account of OFA Immobilien GmbH within 14 days after the invoice date. Agency commissions shall be paid exclusively to OFA Immobilien GmbH, which shall make available the corresponding payment forms. In the event of delayed payment, 12 % p.a. in default interest shall be paid. The agreed place of jurisdiction shall be Innsbruck.
b) The claim for an agency commission shall also result if a legal transaction other than the one agreed, for instance renting instead of purchase or leasing instead of purchase, is concluded or if a property other than the one agreed in the agency agreement (for instance a flat instead of a house) is made the subject matter of a contract by the contractual partners, which have been procured by OFA Immobilien GmbH.
c) If a legal transaction is concluded not with an interested party named by OFA Immobilien GmbH, but with a third party because the latter exercises a legal or contractual right of pre-emption, right of repurchase or right of entry, or because the prospective buyer has advised the third party of the opportunity to conclude the legal transaction, of which he himself had been notified by OFA Immobilien GmbH, the agreed agency commission shall likewise be payable. In the event that a prospective buyer advises a third party of the opportunity to conclude a legal transaction and the third party then concludes this transaction, the prospective buyer shall be liable to pay the agreed agency fee provided that the third party itself refuses to pay the agency fee.
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