Hiring an estate agent in Austria – sole agency, commission, withdrawal

Key points

• Two types of agreement: sole agency (§ 14 MaklerG, one agent only, fixed term) and simple agency (several agents in parallel, terminable at any time).
• A sole agency agreement only runs for a specific, reasonable period; it can only be ended early for good cause.
• The right to commission generally only arises when the brokered deal is concluded.
• Consumer withdrawal right: 14 days without giving reasons if signed outside the premises or at a distance; without proper information the period is extended by up to 12 months.
• ImmoLöwin: commission of 3% plus 20% VAT; for residential lettings the "whoever orders pays" principle (Bestellerprinzip) applies since 1 July 2023, but not for commercial lettings.

Sole agency or simple agency agreement

A sole agency agreement (§ 14 MaklerG) exists when the client undertakes not to instruct any other agent for the same deal. It can only be concluded for a specific, reasonable period – any extension must also be time-limited. Unless agreed otherwise, a simple agency agreement terminable at any time usually continues after it expires.

Under a simple agency agreement, the client can instruct several agents in parallel and end the instruction at any time.

When does the right to commission arise?

The right to commission generally only arises when a deal actually comes about through the agent's work – efforts without success give no claim. § 15 MaklerG covers a special case: a commission can be agreed in the contract for the case that the sole agency is ended early without good cause or the deal comes about by another route. How much commission is due on a purchase, sale or letting is set out in the guide Estate agent commission.

Withdrawal right for distance and off-premises contracts

If a consumer signs the agency agreement outside the agent's premises (for example at a viewing) or at a distance (phone, email, internet), the Distance and Off-Premises Contracts Act (FAGG) applies: 14 days to withdraw without giving reasons. The Supreme Court has confirmed that estate agency agreements are covered (8 Ob 122/17z). Without proper information including a withdrawal form, the period is extended by up to 12 months. If the consumer expressly asks the agent to start work before the period ends, the withdrawal right can lapse once the service is fully performed – but even then, commission is only due if the deal comes about.

How ImmoLöwin structures instructions

ImmoLöwin works with a commission of 3% plus 20% VAT on purchases and sales. For residential lettings, the statutory "whoever orders pays" principle has applied since 1 July 2023: the commission is paid by whoever instructed the agent. This rule does not apply to commercial properties such as warehouses or retail premises; there the split is freely negotiable. We do not arrange loans – for financing questions we accompany you to the bank or to independent advisers. How we work as agents in Vienna: Estate agent in Vienna.