Overview:

Costs & more info

for buyers, sellers, tenants, landlords, tenants and landlord real estate (V34)

The paragraph references refer, unless otherwise specified, to the real estate brokers regulation of idF BGBl II 2010/268. This information was presented by a member of a legally and economically independent Petrovic real estate real estate offices in Austria. She were sent to the Association for consumer information (VKI) gem. § 10

A case-related advice from a tax consultant, lawyer and notary is essential before a real estate transaction! According to the existing business use, the broker as a double agent working can be §5(1)MaklerG.

He will request for a party only worked, so he has to inform the other side § 17MaklerG.

If the broker with the mediated third party in a family or economic close relationship, so he has immediately announced this fact to give §6(4)MaklerG.

Estate agents is active: either due to a simple brokerage contract (no activity commitment, ending possibility for both parties at any time, order any number of brokers allowed) or due to a Alone mediation order (action obligation, reasonable period, recoveries not mandating a further broker allowed) § 14MaklerG.

Costs for purchase contracts

  1. Real estate transfer tax of the value of the consideration (at least from the land value): 3.5% (discount or exemption in special cases possible)
  2. Basic book registration fee (ownership): 1.1%
  3. Contract construction and required implementation: errichters plus cash outlay for certifications and stamp duty cost to agreement within the framework of the collective agreement of the respective document.
  4. Basic traffic procedures: procedure costs and administrative charges are country different.
  5. Acquisition of promotion loans on apartment properties and private homes by the purchaser: there is no legal claim to acceptance. In the particular case, the possibilities of acquisition as well as possible are to determine resulting loads.
  6. Any residential services such as development costs, costs of preparing the plot, connection fees and costs (water, channel, power, gas, phone, etc.): According to the notices of payment due the town.
  7. Finder’s fee: calculation basis is the value. It consists of the purchase price plus over obligations, mortgages, money dear loads, assumption of liability, debt §16(1), etc idS. The legal fee upper limit is each of the buyers and sellers:
    1. in buy, sell or Exchange by:
      • Real estate and real estate shares. §15(1)1
      • Real estate shares, where residential property exists or is established by Convention. §15(1)2
      • Companies and shareholdings of all article §15(1)3-4
      • Compensation for Superädifikate on rented / leased / to verpachtenden / rented properties. §15(1)5
      • Castles, palaces, monasteries are exempt from these limits. § 11
      Section 15(2) plus 20% VAT value up to € 36.336,42… 4% from € 36.336,43 to € 48.448,49… € 1.453,46 from € 48.448,50… 3%
    2. options: 50% of the fee in accordance with section I.7.a), that will be applied in the case of the exercise of option rights on the total fee but. § 14
    3. The acquisition of the fee of a Contracting Party by the other is allowed, as long as exceeded the maximum amount of both sides, nor the 2 times of the maximum fee of the own site. The shifting on outreach in apartments or single-family homes is not allowed. §12(2)

Additional costs for lease

  1. Billing the lease section 33TP5GebG: 1% of the attributable to the term Bruttomietzinses (VAT included), a maximum of 18 x year value; indefinite contract duration 1% of 3 year value. The landlord (or on whose behalf E.g. the broker, notary, lawyer, or caretaker) is obliged to calculate the fee themselves and dissipate. Contracts for the lease of residential premises are free of charge.
  2. Contract construction costs: According to agreement within the framework of the collective agreement of the respective contract Installer.
  3. Finder’s fee: the fee calculation base is the Bruttomonatsmietzins (abbreviated: BMMZ). This consists of com. §24(1):
    • Main or lower rental costs,
    • share of the operating costs and ongoing public charges,
    • Shares for any special expenses (E.g. lift)
    • no charge for with leased furniture and equipment or other additional services of the lessor.
    • the VAT for the calculation of the fee basis in the Bruttomietzins is not to be. §24(1)
    • heating costs are not with account if it is an apartment of tenancy in accordance the rental levels of interest rates not freely must be agreed upon. §24(2)
    Mediation of real estate (fee upper limit plus 20% VAT):
bei Wohnungen und Einfamilienhäusern:
bei einer Befristung von:vom Vermieter:vom Mieter:
weniger als 2 Jahren3 BMMZ §20(2)1 BMMZ §20(1)
mindestens 2 bis genau 3 Jahren3 BMMZ §20(2)1 BMMZ §20(1)
mehr als 3 Jahren / unbefristet3 BMMZ §20(2)2 BMMZ §20(1)
bei Geschäftsräumen aller Art §19(1):
bei einer Befristung vonvom Vermieter:vom Mieter:
weniger als 2 Jahren3 BMMZ §19(2)1 BMMZ §19(1)
mindestens 2 bis genau 3 Jahren 3 BMMZ §19(2)2 BMMZ §19(1)
mehr als 3 Jahren / unbefristet3 BMMZ §19(2)3 BMMZ §19(1)

For individual living in sublet fees with each 1 BMMZ is limited section 23 fee shifting rules: as at the time of purchase. (Pkt.I.7.c) Vertragsverlängerungs supplement fee: must not exceed the maximum fee of total run time section 19(3), §20(3) and apartments and single-family houses maximum ½ BMMZ in total with the original fee amount. §20(3) Com. §19(1)’s premises are: work, sales and office spaces, offices, warehouse, local, magazine, workshops, garages, spaces, etc. Investment, inventory, right to compensation: For VAT is allowed as a fee only by the landlord/previous tenant up to 5% of the gross value. section 22 Placement of other use or rights of use, are not covered by sections 18-26: for this, the fee of the Agency is limited with 3 BMMZ and by the users in apartments and single-family homes with 2 BMMZ. § 27

Mediation through estate agents with caretaker work: rules as above. Exceptions: If the broker manages the House, and at the apartment for rent is not a condominium, or is the principal of the majority owner of the property, is considered as the fee ceiling:

bei einer Befristung von:vom Vermieter:vom Mieter:
weniger als 2 Jahren1 BMMZ §21(2)½ BMMZ §21(1)
mindestens 2 bis genau 3 Jahren2 BMMZ §21(1)½ BMMZ §21(1)
mehr als 3 Jahren / unbefristet2 BMMZ §21(1) 1 BMMZ §21(2)

Excl. 20% VAT §21(3) On the Vertragsverlängerungs supplement fee section 20(3) applies according to §21(1), (see above).

Additional costs for lease contracts

  1. Billing of the lease:
    • time limit: 1% of the gross rent attributable to the duration of the contract; § 33T5GebGes
    • indefinite contract duration 1% of 3 year breeding top eight interest.
  2. Contract construction costs: according to the tariffs of the respective certificate installer
  3. Finder’s fee (fee cap each of two clients, plus 20% VAT)
    1. Lease conditions particularly in the agriculture and forestry:
      • in indefinite lease duration: 5% of the attributable to 5 years rent §25(2)
      • in certain lease duration: up to 6 years: 5% of the leasehold interest attributable to the duration of the lease; up to 12 years: 4%; up to 24 years: 3%; over 24 years: 2%; §25(1) or the amount of the next shorter lease period, if this amount is greater. §12(4)
      • for the provision of kits (cattle, inventory, harvesting supplies, etc.): 3% of the equivalent §25(3)
    2. Business lease and other non-land and forestry lease section 26
      1. at an indefinite lease duration: 3 x monthly rent payment; §26(2)
      2. in certain lease duration: up to 5 years: 5% of the leasehold interest attributable to the duration of the lease; up to 10 years: 4%; over 10 years: 3%; §26(1) or the amount of the next shorter lease period, if this amount is greater. §12(4)
      3. Payments for investments / furnishings of the lessor/prior tenants: up to 5% of the amount paid by the licensee for that. section 26 (3)

Additional costs for mortgage loans

  1. Basic book registration fee: 1.2%
  2. General ranking for the pledge: 0.6%
  3. Establishment of the debt certificate: costs according to the tariff of the respective certificate installer.
  4. Out-of-pocket expenses for certification and stamp duties: according to the tariff. GebG, NTG
  5. Any estimate: cost according to experts rate.
  6. Finder’s fee: Unless the mediation in connection with a purchase or Exchange business com. §15(1) mediation is, up to 2% of the loan amount; else maximum 5% of the loan amount. § 17

Basics of the broker fee

  1. § § Specifications concerning the MaklerG
    • The customer is obliged to pay a fee for the case that the business to conveyed by the contractual meritorious activity of the broker with a third party is concluded. §6(1)
    • The brokerage has also then entitled to fee, if due to its activity not business to be conveyed in accordance with, but a this economically equivalent business is concluded according to his purpose. §6(3)
    • No fee is the broker if he himself is the contract partner of the business. This also applies if the business closed with the third party economically is a conclusion by the broker itself. At an other family or economic close relationship between the broker and the mediated third party, which may affect the interests of the client, the broker is entitled to fee, only when he the principal immediately draws attention to this close relationship. §6(4)
    • The fee becomes chargeable with the legal validity of the mediated business. There is no entitlement to an advance. §7(1)
    • The fee claim and the claim for the reimbursement of additional expenses are due with their creation. § 10
    Special fee arrangements article 15: An agreement requiring the contracting authority, about to pay an amount attributable mediation success the broker as compensation or damages for expenses and efforts, without one is only up to the amount of the agreed or customary fee and only for the case admissible, that
    • the business described in the agency agreement bad faith only therefore fails, because the client contrary to the previous bargaining history omits a required for the conclusion of the business act without notable reason; §15(1)1
    • with the third party mediated by the real estate agent other than a purpose equivalent business is concluded, unless the mediation of business in the field of activity of the agent; §15(1)2
    • the business described in the agency agreement with the customer, but with another person is reached, because the customer has communicated this the opportunity given him by the broker known concluded, or the business not with the mediated third party , but with a different person comes about because this mediated third party has announced the business opportunity §15(1)3, or
    • a legal or contractual pre-emptive, resale – or subrogation is exercised. §15(1)4
    Such a performance can be arranged at a single brokerage contract also for the case, that article 15(2)
    • the sole agency mandate breach of contract prematurely is resolved by the principal without good reason. §15(2)
    • Business breach of contract concluded for the duration of the sole mediation job through the intermediary of another one of the principal of appointed broker §15(2)2, or
    • the business is for the duration of the alone mediation job otherwise as concluded through the intermediary of another by the principal of responsible broker. §15(2)3
    Services are §15(3) to §15(1)-(2) in the sense of § 1336ABGB amount of compensation.

Consumer protection provisions

  1. Of real estate agents has the prior to conclusion of the brokerage contract the contracting authority, the consumer is to give a written overview, indicating that he will intervene as a broker, with the care of an ordinary real estate agent and the all Consumers through the conclusion of the transaction to be conveyed has costs expected therefrom, including of the mediation fee. The amount of the brokerage fee is separately to lead; on a possible economic or family close relationship within §6(4)3MaklerG be noted.

    If the REALTOR strength business use as a double agent may be involved, shall contain also an indication this overview. When significant changes, the real estate agent has accordingly to set the overview. The broker not later than meets these obligations before contractual statement of the principal to the mediated business, so §3(4)MaklerG (damages, moderation) applies to. §30B(1)KSchG,

    The real estate agent has writing messages required by §3(3)MaklerG the client. These include at least all circumstances which are essential for the assessment of the business to be conveyed. §30B(2)KSchG

    Agreements substitute for additional expenses § 9MaklerG, re completion / extension alone teaching jobs § 14MaklerG and mediation success missing on special agreements for cases are re § 15MaklerG for brokerage contracts with Consumers to make explicitly and in writing. §31(1)KSchG

Tax implications for sale

  1. § § Specifications relate to the ITA A real estate agent is not a tax advisor, therefore, each transaction requires a tax advice in addition to the information. Following tax implications are abstract. Which of them specifically apply in individual cases, are in a tax advice to clarify!
    1. Sale of real estate of the private article 4(3a), § 30(1,3), § 30a(1), § 30b(1,2), §30c(2,3) gains from real estate sales, their identifying is shown below, are to be taxed with the special end tax rate of 30%. Self calculation, release and transfer to the Inland Revenue has to be made by representatives of political parties. To determining profit distinguishes between:
      1. New assets (real estate, which control caught were on the 31.3.2012, especially those that were purchased after the 31.3.2002) §30(3)
        • As a gain in real estate sales the proceeds – less cost and – costs, costs for production, repair, control communication, self calculation and-Entrichtung – propagated to any tax-free subsidies and claimed depreciation.
          • More advertising and maintenance costs are not deductible
        • ! Is the calculated capital gains to be taxed at 30%.
      2. Old assets (real estate, which were not tax-caught in the 31.3.2012) § 30(4,5), §30a(2)
        • Principle: 14% of the sale proceeds is considered profit flat. This makes an effective tax burden of 4.2% of the proceeds for 30% tax rate.
        • For land, which dedicated for the first time has been changed after the 31.12.1987 and after the last paid employment in land/building area, 60% of sales are flat rate sales profit. That makes an effective tax burden of 18% of the sales proceeds at the rate of 30%.
        • At the request of the profit is not flat, but specifically as determined in new assets.
        3. Exemptions from taxation apply
      3. and others §30(2)
        • for building, if a self manufactured building are sold, which has not served within the last 10 years to generate income.
        • for building and associated land, if it has served the seller continuously for at least 2 years from purchase or at least 5 years within the last 10 years prior to the sale as a primary residence, and the home is abandoned.
    2. Sale of land of the assets section 30a(3), §4(3a) The special tax rate of 30% for real estate capital gains is valid since April 1, 2012 for real estate of assets for land as well as for building. However, this does not apply then if it is land that attributed to the current assets are (real trade), or if (as not in focus from operating activities in the transfer or sale of land assets managed real estate development companies), or if a part of goodwill was made on the property, or if a transfer of hidden reserves in accordance with § 12 has been made prior to the April 1, 2012. Then, in principle, the determination of capital gains has under the general tax profit calculation rules to be.
    3. Reserves control amending and VAT §12(10)UStG are before tax resulting from major repairs, acquisition and production costs, to correct purchase/exchange/donation within the next 19 years by the seller. The buyer is entrepreneur in the sense of the UStG, the pre tax adjustment can be avoided by the seller waives the tax exemption, and thus the sale is subject to VAT. To turn off for the prior tax adjustment (continued) on the period of 9 years from first use is for property used before the April 1, 2012 (also capitalized expenses and major repairs).

Energy performance certificate

  1. § § Specifications concern the EAVG Obligation: Energy performance certificate-template-law 2012 the owner when selling/renting/leasing a building/use object has the buyer/tenant/leaseholder at the latest in time to make of a contractual Declaration (E.g. offered) a Max 10 years old Energy performance certificate or a full copy to submit and surrender no later than 14 days after the conclusion of the contract. §4(1)The owner has the choice either the energy certification of the object of use of or a comparable use object in the same building or the entire building or single-family homes one confirmed an energy performance certificate comparable by the card creator Detached House to hand over. Offers in printed or electronic media the heating requirement and the overall energy efficiency factor of the object §4(2-3) to be specified. section 3 This obligation is violated, the overall energy efficiency automatically applies a corresponding to the age and type of building energy efficiency as agreed. §7(1) lies beneath this warranty claims and claims for improvement can /. Price reduction-to-conversion result. Moreover, the purchaser/lessee/tenant can Court claiming his right to card delivery or an energy performance certificate itself and demand the reasonable costs of the seller/landlord/lessor. §7(2) an agreement, according to which the obligation to the template/delivery of the certification or the legal consequences of the failure template/delivery be excluded or restricted, is ineffective. section 8 Constitute an administrative offence the omission of required information in advertisements, the omission of the template and the omission of the handing over of a certification and 1.450,-can per violation with a penalty in the amount of up to € punished § 9 are. There are exceptions of the delivery obligation and template – for those buildings, the
    • only frost-free maintained,
    • be used only in religious
    • free-standing with less than 50 m² floor space,
    • only seasonally exploited (specific circumstances),
    • no later than 3 years after sale, demolished
    • provisional maximum 2 years used
    • be tempered mainly by inner heat
    • more but not for conservation and protection zones. § 5

Withdrawal rights

  1. § § Specifications relate to the consumer protection act
    1. General: to exercise the right of withdrawal, it is sufficient to submit the resignation on the last day of the period. The resignation must indicate, that the consumer rejects the conclusion or the maintenance of the Treaty §3(4). A declaration of withdrawal to the real estate broker in a real estate business applies to the brokerage contract in this respect. §30A(2)
    2. Withdrawal from the real estate business as per section 30a A contracting entity (customer), the consumer gem. is section 1 and revoke his contractual Declaration
      • has given on the day of the initial survey of the leased premises and
      • this on the acquisition of property or a tenancy/lease right or other use or right to use is and
      • at an apartment on a single family home or a property that is suitable for the construction of a single family dwelling and
      • This is to cover the urgent housing need of the consumer, or a close family member to serve §30a(1)
      can be explained within a week in writing his resignation. §30A(2) the period starts to run, once the consumer has received a duplicate of the contract and a withdrawal instruction until then. The right of withdrawal expires in any case, not later than one month after the date of the initial survey §30a(3). The agreement of payment of reservations, Reugelds or a deposit prior to expiry of the cancellation period is invalid. section 30a
    3. Right of withdrawal in the event of relevant circumstances § 3a The consumer can from his contract application or from the contract in writing withdraw, if
      • without his instigation
      • relevant circumstances that were represented by the entrepreneur as likely or certain
      • not or have occurred to a significantly lesser extent.
      Relevant circumstances are:
      • the required involvement or consent of a third party,
      • tax advantages,
      • a public funding or the prospect of a loan.
      The withdrawal period is one week from recognition of the non-occurrence of the consumer when he was informed of this right of withdrawal in writing. The right of withdrawal ends but in any case, one month after both sides complete performance of the contract. Exceptions to the right of withdrawal:
      • exclusion of the right of withdrawal negotiated in detail
      • reasonable adjustment of contract,
      • Knowledge or knowledge to the consumer about the non-fulfillment of relevant circumstances in contract negotiations.
    4. Right of withdrawal according to § 3KSchG (does not exist, if contract is subject to the FAGG, see point 5) A customer who is a consumer, delivered his contractual Declaration in the premises of the contractor and not on its trade fair, or market stall, so he can withdraw up to conclusion of the contract or thereafter within 14 days. This resignation is tied to no particular form and the deadline is maintained, if the Declaration of withdrawal is sent within the time limit. The period starts when the consumer has received a writ, the least
      • the name and address of the contractor and
      • the information required to identify the contract and
      • the instruction on the right of withdrawal, the withdrawal period and
      • the procedure for the exercise of the right of withdrawal contains,
      The user stops the delivery of such document, is the right of withdrawal for a period of 12 months and 14 days after conclusion of the contract. The right of withdrawal according to § 3 consumer protection act not entitled to the consumer,
      • if he has initiated the business relationship with the closure of the contract with the entrepreneur himself or
      • If the consumer has given his contractual Declaration in the physical absence of the entrepreneur, except that he it is marginalized by the entrepreneurs.
    5. Right of withdrawal according to § 11FAGG § § Specifications concern the FAGG (Applies to contracts, not concluded away from business premises or in the distance contract but exceptionally including contracts for the establishment, acquisition or transfer of ownership or other rights to immovable property and not for) Contracts for the rental of living space) a consumer may rescind from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. This period starts with the day of the conclusion of the contract and is maintained, if the Declaration of withdrawal is sent within the time limit. This resignation is tied to no particular form. If of the consumer about the conditions, time limits and the procedure for the exercise of this right of withdrawal under provision of the pattern cancellation form specified in § 4Abs.1Ziff.8FAGG (cf. page 4/4 of this solution) has been informed, so the indicated cancellation period extends for twelve months. This exchange of information is completed within twelve months from the conclusion of the contract but, ends the withdrawal period of 14 days after the date to which the consumer receives this information. If a consumer wishes that the broker before the withdrawal deadline begins with the performance of the contract, so the broker must ask the consumer him a expressly on these early performance of the contract-oriented demand – in the case of outside Business premises of closed contract on a durable medium (E.g. letter, E-Mail) – to explain. In the case of such request the consumer in the case of the exercise of the right of withdrawal has to the services rendered by the broker up to this point with that amount pay in comparison to the contractually agreed total price relatively the by the Real estate agent corresponds to services rendered to resign unless the broker has previously informing the consumer about this pro rata payment obligation. The right of withdrawal expires if the broker has fulfilled the contract before expiry of the withdrawal period.
    6. Right of withdrawal when the carrier contract The carrier contract law of construction of provides various reasons of resignation. A withdrawal can be explained according to the BTVG normally within 14 days after receipt of a written instruction on the right of withdrawal. The right of withdrawal expires 6 weeks after conclusion of the contract.