{"id":279234,"date":"2024-10-28T10:53:48","date_gmt":"2024-10-28T09:53:48","guid":{"rendered":"https:\/\/immo.express\/nebenkostenuebersicht\/"},"modified":"2026-06-18T13:10:08","modified_gmt":"2026-06-18T11:10:08","slug":"nebenkostenuebersicht","status":"publish","type":"page","link":"https:\/\/immo.express\/en\/nebenkostenuebersicht\/","title":{"rendered":"Overview of Additional Costs"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"279234\" class=\"elementor elementor-279234 elementor-117726\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-b44a2f9 e-flex e-con-boxed e-con e-parent\" data-id=\"b44a2f9\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-184a677 elementor-widget elementor-widget-text-editor\" data-id=\"184a677\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t\t\t<p>OVERVIEW OF ADDITIONAL COSTS FOR<\/p><p>Purchase \/ Sale \/ Exchange \/ Rent \/ Lease \/ Building right<\/p><p>of a property<\/p><p>You can also download the long version of the overview of additional costs as a<br>PDF file&nbsp;<u><a href=\"\/wp-content\/uploads\/forms\/NKUE.pdf\" target=\"_blank\" rel=\"noopener\">&gt;&gt; here &lt;&lt;<\/a>&nbsp;<\/u>.<br>The short version from Immoexpress for the purchase of properties is available for download<br><u><a href=\"\/wp-content\/uploads\/forms\/NKUE_kurz.pdf\" target=\"_blank\" rel=\"noopener\">&gt;&gt; here &lt;&lt;<\/a><\/u>&nbsp; .<br>To view it you need the free Adobe Reader. You can download it&nbsp;<u><a href=\"https:\/\/get.adobe.com\/de\/reader\/\" target=\"_blank\" rel=\"noopener\">here<\/a><\/u>&nbsp;.<\/p>&nbsp;<strong>Overview of<\/strong><strong> additional<\/strong><strong> costs \u2014 <\/strong>&nbsp;<strong>Purchase<\/strong><strong> \/<\/strong><strong> Sale &nbsp;<\/strong><strong>of &nbsp;<\/strong><strong>a <\/strong><strong>property<\/strong><strong> and<\/strong>&nbsp;<strong> information on<\/strong><strong> the brokerage contract<\/strong>&nbsp;&nbsp;OVI form no. 13K \/05\/2014&nbsp;&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td>I. Additional costs for purchase contracts &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 2 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/td><\/tr><tr><td>II. Additional costs for mortgage loans &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 3<\/td><\/tr><tr><td>III. Energy performance certificate &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 3<\/td><\/tr><tr><td>IV. Basics of the broker&#8217;s commission &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 4<\/td><\/tr><tr><td>V. Information obligations towards consumers &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 5<\/td><\/tr><tr><td>VI. Rights of withdrawal &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>&nbsp; 9<\/td><\/tr><tr><td>VII. Tax implications upon disposal &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..&nbsp;<\/td><td>14<\/td><\/tr><\/tbody><\/table>&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td>Business terms recommended by the Austrian Federal Economic Chamber, Professional Association of Real Estate and Asset Trustees,<\/td><\/tr><tr><td>gem. &nbsp;10 IMV 1996, BGBI. Nr. 297\/1996.GZ 2014 \/ 05 \/ 30 &#8211; FVO Ma \/ Pe &#8211; Form 13K \/ 0VI&nbsp;<\/td><\/tr><\/tbody><\/table><table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td><strong>D<\/strong><strong>e<\/strong><strong>s<\/strong><strong>pite the greatest care in preparing this information, the \u00d6VI cannot accept any liability whatsoever for the accuracy of its content.<\/strong><\/td><\/tr><\/tbody><\/table>&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\" align=\"left\"><tbody><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; M<\/strong><strong>edieninhaber<\/strong><\/td><\/tr><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &#8220;<\/strong><strong>A<\/strong>ustrian Association of the Real Estate Industry<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1040 Wien FavoritenstraBe 24\/11 . E-Mail:&nbsp;<u><a href=\"mailto:office@ ovi.at\">office@ ovi.at<\/a><\/u>,&nbsp;&nbsp;<u><a href=\"http:\/\/www.ovi.at\/\">www.ovi.at<\/a><\/u><\/td><\/tr><tr><td>&nbsp;<\/td><\/tr><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Bestellungen<\/strong><\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Richard Mascha Ges.m.b.H. &amp; Co. KG<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; 1140 Wien Gurkgasse 8 . Tel.: (01) 812 67 61, Fax: DW 40 . E-Mail:&nbsp;<u><a href=\"mailto:mail@maschadruck.at\">mail@maschadruck.at<\/a><\/u><\/td><\/tr><\/tbody><\/table>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>&nbsp;&nbsp;&nbsp;<\/strong><table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td><strong>I. Nebenkosten bei Kaufvertr\u00e4gen<\/strong>&nbsp;<\/td><\/tr><\/tbody><\/table><table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp;&nbsp;&nbsp;<strong>Real estate transfer tax on the value of the consideration&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>3,5%<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3.5% (reduction or exemption possible in special cases)<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp; &nbsp;&nbsp;&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp; &nbsp;<strong>Land register entry fee (ownership right)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>1,1%<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3.&nbsp; &nbsp;<strong>Costs of drawing up the contract and land-register processing&nbsp;<\/strong>by agreement within the framework of the fee schedule<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; of the respective deed drafter, plus cash outlays for certifications and <\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 4.&nbsp; &nbsp;<strong>Costs of the notification and self-assessment of the real estate income tax by&nbsp;<\/strong>by agreement<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; within the framework of the fee schedule of the respective deed drafter<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 5.&nbsp; &nbsp;<strong>Procedural costs and administrative fees for land-transfer proceedings<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (varies by province)<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6.&nbsp; &nbsp;<strong>Subsidised loans for condominium properties and own homes \u2013 assumption by the buyer:<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In addition to the ongoing repayment instalment, extraordinary repayment of up to 50% of the outstanding capital or a shortening of the<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; term is possible. The buyer has no legal right to assume a subsidised loan.<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7.&nbsp; &nbsp;<strong>Any contributions by adjoining owners<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; as prescribed by the municipality (development costs and costs of making the land ready for construction) as well as con-<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; nection fees and costs (electricity, gas, water, sewerage, telephone, etc.<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 8.&nbsp; &nbsp;<strong>Brokerage commission&nbsp;<\/strong>(maximum commission provided for by law)<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A<\/strong><strong>) for purchase, sale or exchange of<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; *&nbsp;&nbsp;&nbsp;&nbsp;<strong>real properties or property shares<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; * property shares in which&nbsp;<strong>condominium ownership&nbsp;<\/strong>exists or is to be established by agreement<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; *&nbsp;&nbsp;&nbsp;&nbsp;<strong>businesses of all kinds<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; * compensation for&nbsp;<strong>superstructures (Super\u00e4difikate)&nbsp;<\/strong>from a plot of land<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>at a value<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; * up to EUR 36.336,42&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>&nbsp;4%<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; * from EUR 36.336,43 to EUR 48.448,50&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>EUR 1.453,46<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; * from EUR 48.448,51 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3%<\/strong>&nbsp;&nbsp;&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; from both clients (seller and buyer)&nbsp;<strong>each plus 20% VAT<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Threshold rule acc. to \u00a7 12 para. 4 Real Estate Agents Ordinance<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; B) for options<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; * 50% of the commission acc. to point 8.A, charged in the event of purchase by the option holder.<\/td><td>&nbsp;<\/td><\/tr><\/tbody><\/table>&nbsp;&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td><strong>&nbsp; II<\/strong><strong>. Additional costs for mortgage loans<\/strong><\/td><\/tr><\/tbody><\/table><table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 1.&nbsp;&nbsp;<strong>&nbsp;Land register entry fee<\/strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;&nbsp; &nbsp;&nbsp;&nbsp; 1,2%<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 2.&nbsp; &nbsp;<strong>General priority ranking&nbsp;<\/strong>for the pledging<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3.&nbsp; &nbsp;<strong>Costs of drawing up the debt instrument&nbsp;<\/strong>according to the fee schedule of the respective deed drafter<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 4.&nbsp; &nbsp;<strong>Cash outlays for certifications and stamp duties according to the fee schedule<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 5.&nbsp;&nbsp;<strong>&nbsp;Costs of any valuation according to the experts&#8217; fee schedule<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 6.&nbsp; &nbsp;<strong>Brokerage commission:&nbsp;<\/strong>May not exceed the amount of 2% of the loan sum, provided the brokerage is in con-<\/td><td>&nbsp;<\/td><\/tr><tr><td><strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>nection with a brokerage under \u00a7 15 para. 1 IMVO. If no such connection exists, the commission<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>or other remuneration may not exceed 5% of the loan sum.<\/strong><\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>&nbsp;<\/td><\/tr><\/tbody><\/table>&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td><strong>&nbsp; III.     Energy certificate<\/strong><\/td><\/tr><\/tbody><\/table>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td>The Energy Certificate Presentation Act (EAVG 2012) stipulates that the seller, upon&nbsp;<strong>the sale&nbsp;<\/strong>of a building or a usable unit, must, to the&nbsp;<strong>buyer,&nbsp;<\/strong>in good time before submitting the contract declaration, present a \u2014 at that point at most ten years old \u2014&nbsp;<strong>energy certificate&nbsp;<\/strong>and hand it over to him at the latest 14 days after conclusion of the contract. Should this not occur, the buyer has the right, after unsuccessfully requesting it from the seller, either to commission an energy certificate himself and to claim the reasonable costs in court within 3 years, or to sue directly for the handover of an energy certificate. Since the EAVG 2012 came into force on 01.12.2012, the heating energy demand (HWB) and the overall energy-efficiency factor (fGEE) must be stated in advertisements in printed publications and electronic media. This obligation applies both to the seller and to the real estate agent commissioned by him. Energy certificates created before the EAVG 2012 came into force remain valid for 10 years from the date of issue, even if \u2018only\u2019 the heating energy demand (HWB) and not the overall energy-efficiency factor (fGEE) is shown. If such an energy certificate exists for a building, only the HWB value (relative to the location climate) needs to be stated in the advertisement. The seller has the choice of handing over either an&nbsp;<strong>energy certificate&nbsp;<\/strong>on the overall energy efficiency of the usable unit, or the overall energy efficiency of a comparable usable unit in the same building, or the&nbsp;<strong>overall energy efficiency of the entire building&nbsp;<\/strong>. For single-family houses, the&nbsp;<strong>presentation and handover obligation&nbsp;<\/strong>can also be fulfilled by an energy certificate of a comparable building. However, the energy-certificate issuer must confirm this comparability. The energy certificate is to be drawn up in accordance with the respective provincial-law provisions and is intended to provide comparable information about the energetic \u2018normal consumption\u2019 of a property. The calculation of the energy indicators is based on use-independent parameters under predefined conditions, which is why considerable deviations can occur in actual use. If no energy certificate is presented, pursuant to \u00a7 7 EAVG at least an overall energy efficiency corresponding to the age and type of the building is deemed to be agreed. Since 01.12.2012 a uniform catalogue of exceptions has applied throughout Austria. Heritage-protected properties are \u2013 unlike before \u2013 no longer exempt from the presentation obligation. Also from the entry into force of the new EAVG 2012, administrative penalty provisions must be observed. Both the seller and the real estate agent who fail to state the HWB and fGEE values in the advertisement may be fined up to EUR 1.450,-. The agent is excused if he has informed the seller about the information obligations and asked him to disclose the two values or obtain an energy certificate, but the seller has refused. The seller is furthermore faced with an administrative penalty of up to EUR 1.450,- if he fails to present and\/or hand over the energy certificate.&nbsp;<\/td><\/tr><\/tbody><\/table>&nbsp;<table border=\"1\" cellspacing=\"1\" cellpadding=\"1\"><tbody><tr><td><strong>I<\/strong><strong>V.    Basics of the broker&#8217;s commission<\/strong>&nbsp;&nbsp;<strong>\u00a7 6 paras. 1, 3 and 4; \u00a7 7 para. 1; \u00a7\u00a7 10 and 15 Brokers Act (Maklergesetz)<\/strong>&nbsp;<strong>\u00a7 6 (1)&nbsp;<\/strong>The client is obliged to pay a commission in the event that the transaction to be brokered comes about with a third party through the broker&#8217;s contractually compliant, meritorious activity.&nbsp;<strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (3<\/strong><strong>)&nbsp;<\/strong>The broker is also entitled to a commission if, on the basis of his activity, not the transaction to be brokered under the contract but a transaction economically equivalent to it in its purpose comes about.&nbsp;<strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (4<\/strong><strong>)&nbsp;<\/strong>The broker is not entitled to any commission if he himself becomes a contracting party to the transaction. This also applies if the transaction concluded with the third party is economically equivalent to a conclusion by the broker himself. In the case of any other family or economic close relationship between the broker and the brokered third party that could impair the safeguarding of the client&#8217;s interests, the broker is only entitled to a commission if he immediately informs the client of this close relationship.&nbsp;<strong>\u00a7 7 (1)&nbsp;<\/strong>The entitlement to commission arises upon the legal effectiveness of the brokered transaction. The broker has no entitlement to an advance.&nbsp;<strong>\u00a7 10&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>The commission claim and the claim for reimbursement of additional expenses fall due upon their accrual.&nbsp;<strong>Special commission <\/strong><strong>agreements<\/strong>&nbsp;<strong>\u00a7 15 (1)&nbsp;<\/strong>An agreement under which the client must pay an amount \u2013 for example as compensation or reimbursement for expenses and efforts \u2013 even without a brokering success attributable to the broker, is permissible only up to the amount of the agreed or locally customary commission and only in the event that: 1. the transaction designated in the brokerage contract fails to come about, contrary to good faith, only because the client, contrary to the course of negotiations so far, omits without noteworthy reason a legal act necessary for the conclusion of the transaction; 2. a transaction other than one of equivalent purpose comes about with the third party brokered by the broker, provided that the brokering of the transaction falls within the broker&#8217;s field of activity; 3. the transaction designated in the brokerage contract comes about not with the client but with another person because the client communicated to that person the opportunity to conclude made known to him by the broker, or the transaction comes about not with the brokered third party but with another person because the brokered third party made the business opportunity known to that person; or 4. the transaction does not come about with the brokered third party because a statutory or contractual right of first refusal, repurchase or entry is exercised.&nbsp;<strong>&nbsp;&nbsp; &nbsp; (2<\/strong><strong>)&nbsp;<\/strong>In the case of an exclusive agency agreement, such a payment may further be agreed in the event that: 1. the exclusive agency agreement is terminated prematurely by the client in breach of contract without an important reason; 2. the transaction came about during the term of the exclusive agency agreement, in breach of contract, through the brokering of another broker commissioned by the client; or 3. the transaction came about during the term of the exclusive agency agreement in a manner other than through the brokering of another broker commissioned by the client.&nbsp;&nbsp;&nbsp;<strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (3<\/strong><strong>)&nbsp;<\/strong>Payments under paras. 1 and 2 are deemed to be a remuneration amount within the meaning of \u00a7 ABGB.&nbsp;&nbsp;<strong>An <\/strong><strong>agreement under \u00a7 15 Brokers Act must be made in writing in brokerage contracts with consumers.<\/strong>&nbsp;&nbsp;&nbsp;<strong>V<\/strong><strong>.     Information obligations towards consumers<\/strong>&nbsp;&nbsp;<strong>Information obligations of the real estate agent<\/strong>&nbsp;<strong>\u00a7 30 b KSchG (1)&nbsp;<\/strong>Before concluding the brokerage contract, the real estate agent must, with the care of a diligent real estate agent, give the client who is a consumer a written overview showing that he is acting as a broker and stating all costs likely to arise for the consumer from the conclusion of the transaction to be brokered, including the brokerage commission. The amount of the brokerage commission must be stated separately; any economic or family close relationship within the meaning of \u00a7 6 para. 4 third sentence Brokers Act must be pointed out. If the real estate agent may act as a double agent by virtue of business practice, this overview must also contain a reference to that. In the event of a significant change in circumstances, the real estate agent must correct the overview accordingly. If the broker does not fulfil these obligations at the latest before the client&#8217;s contractual declaration regarding the brokered transaction, \u00a7 3 para. 4 Brokers Act applies.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The real estate agent must notify the client in writing of the information required under \u00a7 3 para. 3 Brokers Act. These in any case also include all circumstances that are essential for assessing the transaction to be brokered.&nbsp;<strong>A<\/strong><strong>N<\/strong><strong>N<\/strong><strong>M<\/strong><strong>E<\/strong><strong>RKUN<\/strong><strong>G<\/strong><strong>: Based on existing business practice, real estate agents may act as double agents even without the express consent of the client.&nbsp;<\/strong>If the real estate agent acts, as instructed, only for one party to the transaction to be brokered, he must notify the third party of this.&nbsp;<strong>Information obligations for distance and off-premises transactions, content of the information obligation; legal consequences<\/strong>&nbsp;Applicable to: \u00b7&nbsp; &nbsp;<strong>O<\/strong><strong>ff-premises<\/strong><strong> contracts<\/strong><strong>&nbsp;(AGV)&nbsp;<\/strong>between a business and a consumer, * that are concluded with the simultaneous physical presence of the business and the consumer at a place that is not the business premises of the business, * for which the consumer has made an offer under the aforementioned circumstances, or * that are concluded on the business premises of the business or through means of distance communication immediately after the consumer was personally and individually approached at a place other than the business premises of the business or its agent, or&nbsp;&nbsp;<strong>* distance transactions (FAG),&nbsp;<\/strong>these are contracts concluded between a business and a consumer without the simultaneous presence of the business and the consumer within the framework of a sales or service system organised for distance selling, whereby, up to and including the conclusion of the contract, exclusively means of distance communication (post, internet, email, telephone, fax) are used. Excluded from&nbsp;<strong>the scope of application&nbsp;<\/strong>are contracts on&nbsp;<table border=\"0\" cellspacing=\"0\" cellpadding=\"0\"><tbody><tr><td>&nbsp;&nbsp;<\/td><td>* the establishment, acquisition or transfer of ownership or other rights in immovable property (\u00a7 1 para. 2 no. 6 FAGG),<\/td><td>&nbsp;<\/td><\/tr><tr><td>&nbsp;<\/td><td>* the construction of new buildings, substantial conversion works on existing buildings or the rental of residential space (\u00a7 1 para. 2 no. 7 FAGG);<\/td><td>&nbsp;<\/td><\/tr><\/tbody><\/table>&nbsp;<strong>\u00a7 4&nbsp;<\/strong><strong>FAGG<\/strong><strong>(1)&nbsp;<\/strong>Before the consumer is bound by a contract or his contractual declaration, the business must inform him, in a clear and comprehensible manner, of the following: 1.) the essential characteristics of the goods or service, to the extent appropriate to the medium of communication and to the goods or service; 2.) the name or company name of the business as well as the address of its establishment; 3.) where applicable a) the telephone number, fax number and email address at which the consumer can quickly reach the business and communicate with it without particular effort, b) the business address differing from the establishment of the business to which the consumer can address complaints, and c) the name or company name and the address of the establishment of any person on whose behalf the business acts, as well as the possibly differing business address of that person to which the consumer can address any complaint; 4.) the total price of the goods or service including all taxes and duties, or, if the price cannot reasonably be calculated in advance owing to the nature of the goods or service, the manner in which the price is calculated and, where applicable, all additional freight, delivery, postal or other costs or, if these costs cannot reasonably be calculated in advance, the fact that such additional costs may be payable; 5.) in the case of a contract of indefinite duration or a subscription contract, the total costs per billing period, or, where such a contract is charged at a fixed rate, the total monthly costs, or, if the total costs cannot reasonably be calculated in advance, the manner in which the price is calculated; 6.) the costs of using the means of distance communication used for concluding the contract, where these are not calculated at the basic rate; 7.) the payment, delivery and performance conditions, the period within which the business undertakes to deliver the goods or perform the service, as well as any procedure the business has for handling complaints; 8.) where a right of withdrawal exists, the conditions, time limits and procedure for exercising that right, providing the model withdrawal form; 9.) where applicable, the obligation on the consumer, in the event of withdrawal from the contract pursuant to \u00a7 15, to bear the costs of returning the goods, as well as, in the case of distance contracts for goods which by their nature cannot normally be returned by post, the amount of the return costs; 10.) where applicable, the obligation on the consumer, in the event of withdrawal from the contract pursuant to \u00a7 16, to pay a proportionate amount for the services already provided; 11.) where applicable, that no right of withdrawal exists pursuant to \u00a7 18, or the circumstances under which the consumer loses his right of withdrawal; 12.) in addition to the reference to the existence of a statutory warranty right for the goods, where applicable the existence and conditions of after-sales services and commercial guarantees; 13.) where applicable, relevant codes of conduct pursuant to \u00a7 1 para. 4 no. 4 UWG and how the consumer can obtain a copy of them; 14.) where applicable, the duration of the contract or the conditions for terminating contracts of indefinite duration or automatically renewing contracts; 15.) where applicable, the minimum duration of the consumer&#8217;s obligations under the contract; 16.) where applicable, the business&#8217;s right to require the consumer to provide a deposit or other financial guarantees, as well as their conditions; 17.) where applicable, the functionality of digital content, including applicable technical protection measures for such content; 18.) where applicable \u2013 to the extent material \u2013 the interoperability of digital content with hardware and software, in so far as this is known or ought reasonably to be known to the business; and 19.) where applicable, the possibility of access to an out-of-court complaint and redress procedure to which the business is subject, and the conditions for such access.&nbsp;<strong>&nbsp;&nbsp; (2<\/strong><strong>)&nbsp;<\/strong>In the case of a public auction, the corresponding details of the auctioneer may be provided instead of the information specified in para. 1 nos. 2 and 3.<strong>(3<\/strong><strong>)&nbsp;<\/strong>The information under para. 1 nos. 8, 9 and 10 may be provided by means of the model withdrawal instructions. With this provision of information by form, the business&#8217;s stated information obligations are deemed fulfilled, provided that the business has provided the consumer with the form correctly completed.<strong>(4<\/strong><strong>)&nbsp;<\/strong>The information provided to the consumer under para. 1 forms part of the contract. Changes are only effective if they have been expressly agreed by the contracting parties.<strong>&nbsp;(5<\/strong><strong>)&nbsp;<\/strong>If the business has not fulfilled its obligation to inform about additional and other costs under para. 1 no. 4, or about the costs of returning the goods under para. 1 no. 9, the consumer does not have to bear the additional and other costs.<strong>&nbsp;(6<\/strong><strong>)&nbsp;<\/strong>The information obligations under para. 1 apply without prejudice to other information obligations under statutory provisions based on Directive 2006\/123\/EC on services in the internal market, OJ No. L 376 of 27.12.2006, p. 36, or on Directive 2000\/31\/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market, OJ No. L 178 of 17.07.2000, p. 1.&nbsp;<strong>I<\/strong><strong>nformation provision for contracts concluded off business premises<\/strong>&nbsp;<strong>\u00a7 5 FAGG<\/strong><strong>(1)&nbsp;<\/strong>for contracts concluded off business premises, the information specified in \u00a7 4 para. 1 must be provided to the consumer on paper or, if the consumer agrees, on another durable medium. The information must be legible, clear and comprehensible.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The business must provide the consumer with a copy of the signed contract document or the confirmation of the concluded contract on paper or, if the consumer agrees, on another durable medium. Where applicable, the copy or confirmation of the contract must also contain a confirmation of the consumer&#8217;s consent and acknowledgement under \u00a7 18 para. 1 no. 11.&nbsp;<strong>I<\/strong><strong>nformation provision for distance contracts<\/strong>&nbsp;<strong>\u00a7 7 FAGG<\/strong><strong>(1)<\/strong>&nbsp;For distance contracts, the information specified in \u00a7 4 para. 1 must be provided to the consumer in a clear and comprehensible manner adapted to the means of distance communication used. If this information is provided on a durable medium, it must be legible.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>If the contract is concluded using a means of distance communication that allows only limited space or time for displaying the information, the business must, before conclusion of the contract via this means of distance communication, provide the consumer at least with the information specified in \u00a7 4 para. 1 nos. 1, 2, 4, 5, 8 and 14 on the essential characteristics of the goods or services, the name of the business, the total price, the right of withdrawal, the contract duration and the conditions for terminating contracts of indefinite duration. The other information specified in \u00a7 4 para. 1 must be provided to the consumer in an appropriate manner in compliance with para. 1.&nbsp;<strong>(3<\/strong><strong>)&nbsp;<\/strong>The business must provide the consumer, within a reasonable period after conclusion of the contract but at the latest upon delivery of the goods or before the start of performance of the service, with a confirmation of the concluded contract on a durable medium containing the information specified in \u00a7 4 para. 1, unless it has already provided the consumer with this information on a durable medium before conclusion of the contract. Where applicable, the contract confirmation must also contain a confirmation of the consumer&#8217;s consent and acknowledgement under \u00a7 18 para. 1 no. 11.&nbsp;<strong>Special <\/strong><strong>requirements for contracts concluded electronically<\/strong>&nbsp;<strong>\u00a7 8 FAGG<\/strong><strong>(1)&nbsp;<\/strong>If a distance contract concluded electronically \u2013 but not exclusively by way of email or a comparable individual electronic means of communication \u2013 obliges the consumer to make a payment, the business must, immediately before the consumer submits his contractual declaration, clearly and prominently draw the consumer&#8217;s attention to the information specified in \u00a7 4 para. 1 nos. 1, 4, 5, 14 and 15.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The business must ensure that, when placing the order, the consumer expressly confirms that the order entails an obligation to pay. If the ordering process requires activation of a button or a similar function, that button or function must be labelled legibly and exclusively with the words &#8216;order with obligation to pay&#8217; or a similar, unambiguous wording indicating to the consumer that placing the order entails an obligation to pay the business. If the business fails to comply with the obligations under this paragraph, the consumer is not bound by the contract or his contractual declaration.&nbsp;<strong>(3<\/strong><strong>)&nbsp;<\/strong>On websites for electronic commerce, it must be indicated clearly and legibly, at the latest at the start of the ordering process, whether delivery restrictions apply and which means of payment are accepted.&nbsp;<strong>(4<\/strong><strong>)&nbsp;<\/strong>Paras. 1 to 3 also apply to the contracts specified in \u00a7 1 para. 2 no. 8. The provisions in para. 2, second and third sentences, also apply to the contracts specified in \u00a7 1 para. 2 nos. 2 and 3, provided they are concluded in the manner set out in para. 1.&nbsp;<strong><em>Def<\/em><\/strong><strong><em>i<\/em><\/strong><strong><em>nition of durable media:<\/em><\/strong>&nbsp;<em>P<\/em><em>ap<\/em><em>er, USB sticks, CD-ROMs, DVDs, memory cards and computer hard drives, storable and reproducible emails.<\/em>&nbsp;<strong>Special <\/strong><strong>requirements for contracts concluded by telephone<\/strong>&nbsp;<strong>\u00a7 9 FAGG<\/strong><strong>(1)&nbsp;<\/strong>In the case of distance calls with consumers aimed at concluding a distance contract, the business must, at the beginning of the call, disclose to the consumer its name or company name, where applicable the name of the person on whose behalf it is acting, and the commercial purpose of the call.<strong>(2<\/strong><strong>)&nbsp;<\/strong>In the case of a distance contract for a service negotiated during a call initiated by the business, the consumer is only bound once the business has provided the consumer with a confirmation of its contract offer on a durable medium and the consumer has then sent the business a written declaration of acceptance of that offer on a durable medium.&nbsp;&nbsp;&nbsp;<strong>VI<\/strong><strong>. Rights of withdrawal<\/strong>&nbsp;<strong>R<\/strong><strong>ight of withdrawal from the brokerage contract (sole agency agreement, agency agreement, brokerage contract with the prospect) where the brokerage contract is concluded by distance selling or off the business premises of the business (\u00a7 11 FAGG)<\/strong>&nbsp;<strong>R<\/strong><strong>ight of withdrawal and withdrawal period<\/strong>&nbsp;<strong>\u00a7 11 FAGG (1)&nbsp;<\/strong>The consumer may withdraw from a distance contract or a contract concluded off business premises within 14 days without giving reasons. For service contracts, the withdrawal period begins on the day the contract is concluded.&nbsp;<strong>U<\/strong><strong>ndisclosed instruction about the right of withdrawal<\/strong>&nbsp;<strong>\u00a7 12 FAGG (1)&nbsp;<\/strong>If the business has not complied with its information obligation under \u00a7 4 para. 1 no. 8, the withdrawal period provided for in \u00a7 11 is extended by twelve months.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>If the business provides the information within twelve months from the day relevant for the start of the period, the withdrawal period ends 14 days after the point at which the consumer receives this information.&nbsp;<strong>E<\/strong><strong>x<\/strong><strong>ercise of<\/strong><strong> the right of withdrawal<\/strong>&nbsp;<strong>\u00a7 13 FAGG (1)&nbsp;<\/strong>The declaration of withdrawal is not subject to any particular form. The consumer may use the model withdrawal form for this purpose. The withdrawal period is observed if the declaration of withdrawal is sent within the period.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The business may also give the consumer the option of completing and submitting the model withdrawal form or another differently worded withdrawal declaration electronically on the business&#8217;s website. If the consumer submits a withdrawal declaration in this way, the business must immediately send him a confirmation of receipt of the withdrawal declaration on a durable medium.&nbsp;<strong>Commencement of <\/strong><strong>contract performance before expiry of the withdrawal period<\/strong>&nbsp;<strong>\u00a7 10 FAGG&nbsp;<\/strong>If the subject matter of a distance contract or a contract concluded off business premises is a service, the supply of water, gas or electricity not offered in a limited volume or fixed quantity, or the supply of district heating, and the consumer wishes the business to begin performance of the contract before expiry of the withdrawal period under \u00a7 11, the business must request the consumer to declare an express request directed at this early performance of the contract \u2013 in the case of a contract concluded off business premises, on a durable medium.&nbsp;<strong>O<\/strong><strong>bli<\/strong><strong>ga<\/strong><strong>tions<\/strong><strong> of the consumer upon withdrawal from a contract for services, energy and water supplies, or digital content<\/strong>&nbsp;<strong>\u00a7 16 FAGG (1<\/strong>) If the consumer withdraws under \u00a7 11 para. 1 from a contract for services or for the energy and water supplies mentioned in \u00a7 10, after having declared a request under \u00a7 10 and the business has thereupon begun performance of the contract, he must pay the business an amount which, in proportion to the total price agreed in the contract, corresponds to the services provided by the business up to the withdrawal. If the total price is excessive, the proportionate amount payable is calculated on the basis of the market value of the services provided.&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The proportionate obligation to pay under para. 1 does not exist if the business has not complied with its information obligation under \u00a7 4 para. 1 nos. 8 and 10.&nbsp;<strong>E<\/strong><strong>x<\/strong><strong>c<\/strong><strong>eptions to the right of withdrawal<\/strong>&nbsp;\u00a7 18 FAGG (1) The consumer has no right of withdrawal for distance or off-premises contracts for services if the business \u2013 on the basis of an express request by the consumer under \u00a7 10 and a confirmation by the consumer of his awareness of the loss of the right of withdrawal upon full performance of the contract \u2013 had begun performance of the service before expiry of the withdrawal period under \u00a7 11 and the service was then fully provided.&nbsp;&nbsp;<strong>2<\/strong><strong>. Withdrawal from the real estate transaction under \u00a7 30a KSchG<\/strong>&nbsp;&nbsp;A &nbsp;<strong>client&nbsp;<\/strong>(customer) who is a&nbsp;<strong>V<\/strong><strong>erbraucher&nbsp;<\/strong>(\u00a7 1 KSchG), may&nbsp;<strong>within one week declare his withdrawal from the contract in writing,<\/strong>if, * he submitted his contractual declaration on the day of the first viewing of the contract property, * his declaration is directed at the acquisition of a leasehold right (in particular a tenancy right), another right of use or enjoyment, or of ownership, namely * in an apartment, a single-family home or a plot suitable for building a single-family home, and this * is intended to cover the urgent housing needs of the consumer or a close relative. The&nbsp;<strong>period begins to run&nbsp;<\/strong>only when the consumer has received a duplicate of the contractual declaration and a withdrawal instruction, i.e. either on the day after submitting the contractual declaration or, if the duplicate together with the withdrawal instruction was handed over later, at that later point in time. The&nbsp;<strong>right of withdrawal lapses&nbsp;<\/strong>in any case at the latest one month after the day of the first viewing. The agreement of earnest money, forfeit money or a down payment before expiry of the withdrawal period under \u00a7 30a KSchG is invalid.&nbsp;<strong>A <\/strong><strong>withdrawal declaration addressed to the real estate agent regarding a real estate transaction also applies to a brokerage contract concluded in the course of the contractual declaration.<\/strong>Sending the withdrawal declaration on the last day of the period (date of the postmark) is sufficient. As a withdrawal declaration, it suffices to send a document containing a contractual declaration of even just one party, with an addition that indicates the consumer&#8217;s refusal.&nbsp;<strong>3<\/strong><strong>. Right of withdrawal for \u201cdoor-to-door transactions\u201d under \u00a7 3 KSchG<\/strong>&nbsp;Applies to contracts that are explicitly excluded from the scope of the Distance and Off-Premises Transactions Act (FAGG). A client (customer) who is a consumer (\u00a7 1 KSchG) and who made his contractual declaration * neither on the premises of the real estate agent, * nor initiated the business relationship for concluding the contract with the real estate agent himself, may declare his withdrawal up to the conclusion of the contract or thereafter within 14 days. The period only begins to run once the consumer has been given a \u201cdocument\u201d containing the name and address of the business, the information necessary to identify the contract, and an instruction on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal. If the instruction on the right of withdrawal is missing, the consumer is entitled to the right of withdrawal for a period of twelve months and 14 days from conclusion of the contract. If the business subsequently provides the document within the twelve months from the start of the period, the extended withdrawal period ends 14 days after the point at which the consumer receives the document. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the withdrawal declaration is sent within the period.&nbsp;<strong>4<\/strong><strong>. The right of withdrawal in the event of non-occurrence of material circumstances<\/strong>&nbsp;&nbsp;<strong>The <\/strong><strong>consumer may withdraw in writing from his contract offer or from the contract if<\/strong>&nbsp;* without his prompting, * material circumstances, * that were presented as likely by the business, * have not occurred or have occurred to a considerably lesser extent.&nbsp;<strong>M<\/strong><strong>a<\/strong><strong>terial circumstances&nbsp;<\/strong>are * the required cooperation or consent of a third party, * tax advantages, * a public subsidy or the prospect of a loan. The&nbsp;<strong>withdrawal period&nbsp;<\/strong>is one week from when the non-occurrence becomes recognizable to the consumer, provided he was instructed in writing about this right of withdrawal. However, the right of withdrawal ends in any case one month after complete performance of the contract by both parties.&nbsp;&nbsp;&nbsp;<strong>E<\/strong><strong>x<\/strong><strong>c<\/strong><strong>eptions to the right of withdrawal:<\/strong>* The consumer&#8217;s knowledge or obligation to know of the non-occurrence during the contract negotiations. * Individually negotiated exclusion of the right of withdrawal (cannot be covered by a standard form). * Reasonable adjustment of the contract&nbsp;<strong>5<\/strong><strong>. The right of withdrawal in the property-developer contract under \u00a7 5 BTVG<\/strong>&nbsp;With the Property Developer Contract Act, protective provisions were created for purchasers of rights in buildings, apartments or business premises that are yet to be built or comprehensively renovated. The Act applies only to property-developer contracts in which advance payments of more than EUR 150 per square metre of usable floor space are to be made. The purchaser may withdraw from his contractual declaration if the property developer did not notify him in writing of the following at least one week before its submission: 1. The intended content of the contract; 2. The intended wording of the agreement with the credit institution (if the security obligation under \u00a7 7 para. 6 no. 2 (blocked-account model) is to be fulfilled) 3. The intended wording of the certificate under \u00a7 7 para. 6 no. 3 lit. c; (if the security obligation under \u00a7 7 para. 6 no. 3 (creditworthiness model in subsidized rental housing) is to be fulfilled) 4. The intended wording of the security to be issued to him (if the security obligation is to be fulfilled under the law of obligations (\u00a7 8) without the appointment of a trustee (guarantee, insurance)) 5. where applicable, the intended wording of the additional security under \u00a7 9 para. 4 (if the property developer&#8217;s security obligation is to be fulfilled by registration in the land register (\u00a7\u00a7 9 and 10) (instalment plan A or B). Unless the purchaser receives, at least one week before submitting his contractual declaration, the information referred to in points 1-5 above as well as an instruction on the&nbsp;<strong>right of withdrawal&nbsp;<\/strong>in writing, he is entitled to a right of withdrawal. The withdrawal may be declared without time limit before the contract comes into existence; thereafter, the withdrawal must be declared within 14 days. The withdrawal period begins to run upon receipt of the information, but not before the contract comes into existence. Irrespective of receipt of this information, however, the right of withdrawal lapses in any case at the latest 6 weeks after the contract comes into existence. In addition, the purchaser may withdraw from his contractual declaration if a&nbsp;<strong>housing subsidy&nbsp;<\/strong>made the basis of the contract by the parties is not granted in whole or to a substantial extent for reasons not attributable to him. The withdrawal must be declared within 14 days. The&nbsp;<strong>withdrawal period begins<\/strong>, as soon as the purchaser is informed of the non-occurrence of the housing subsidy and, at the same time or afterwards, receives a written instruction on the right of withdrawal. The&nbsp;<strong>right of withdrawal lapses&nbsp;<\/strong>however at the latest 6 weeks after receipt of the information about the non-occurrence of the housing subsidy. The purchaser may declare the withdrawal in writing to the property developer or the trustee.&nbsp;<strong>A <\/strong><strong>withdrawal declaration addressed to the real estate agent regarding a real estate transaction also applies to a brokerage contract concluded in the course of the contractual declaration.<\/strong>Sending the withdrawal declaration on the last day of the period (date of the postmark) is sufficient. As a withdrawal declaration, it suffices to send a document containing a contractual declaration of even just one party, with an addition that indicates the consumer&#8217;s refusal.&nbsp;&nbsp;&nbsp;<strong>VI<\/strong><strong>. Tax implications on sale<\/strong>&nbsp;&nbsp;<strong>1<\/strong><strong>. Capital gains and speculative gains (real estate income tax)<\/strong>&nbsp;Gains from the sale of private real property have been taxed without time limit since 01.04.2012. For properties disposed of after&nbsp;<strong>31.03.2012&nbsp;<\/strong>, a distinction must be drawn, for tax purposes, between \u201ctax-entangled properties\u201d that were acquired for consideration&nbsp;<strong>from<\/strong><strong>01<\/strong><strong>.<\/strong><strong>04<\/strong><strong>.<\/strong><strong>200<\/strong><strong>2&nbsp;<\/strong>(or 01.04.1997), and \u201cold cases\u201d. \u201cTax-entangled properties\u201d: 25% tax on the capital gain. As a rule, properties acquired from&nbsp;<strong>01.04.2002&nbsp;<\/strong>onwards (or from&nbsp;<strong>01.04.1997<\/strong>) if a partial write-off for production expenditure was claimed) are subject to a uniform real estate income tax amounting to 25% of the&nbsp;<strong>capital gain<\/strong>, the difference between the acquisition costs and the sale price. Repair and subsequent production measures have a tax-reducing effect. Deduction amounts claimed for acquisition and production costs, including the depreciation (AfA) deducted when calculating the special income (see details below), as well as outstanding partial deduction amounts for repair expenditure, must be added back. From a holding period of 10 years, an&nbsp;<strong>i<\/strong><strong>nflation adjustment&nbsp;<\/strong>of 2% per year, capped at a total of 50%, can be claimed, i.e. from the 35th year onwards the speculative gain is taxed at 12.5%.&nbsp;<strong>H<\/strong><strong>I<\/strong><strong>N<\/strong><strong>W<\/strong><strong>E<\/strong><strong>I<\/strong><strong>S<\/strong><strong>:&nbsp;<\/strong>Especially for rented properties, the capital gain can as a rule only be determined in cooperation with the seller&#8217;s tax advisor and property manager. The&nbsp;<strong>reporting and payment of the real estate income tax&nbsp;<\/strong>must be carried out by the parties&#8217; representative (the person drawing up the contract) no later than the 15th day of the second calendar month following the calendar month of receipt.&nbsp;<strong>\u201e<\/strong><strong>o<\/strong><strong>ld c<\/strong><strong>as<\/strong><strong>e<\/strong><strong>s<\/strong><strong>\u201c<\/strong><strong>: 3.5% or 15% tax on the entire purchase price<\/strong>In the case of a last acquisition for consideration before 01.04.2002 (or, where partial deductions under \u00a7 28 para. 3 EStG were claimed, before 01.04.1997), the sale proceeds (the purchase price actually achieved) are taxed on a flat-rate basis. * 3.5% of the sale proceeds, or * 15% of the sale proceeds if a rezoning has taken place since 01.01.1988. Upon application, it is in any case possible to calculate the speculative gain and tax it at 25%, or alternatively to assess it at the income tax rate.&nbsp;<strong>2<\/strong><strong>. Exemption from the real estate income tax<\/strong>&nbsp;<strong>A<\/strong><strong>) Main residence exemption<\/strong>&nbsp;If a property has served as the main residence continuously for at least two years from acquisition until sale, or there has been 5 years of continuous main residence within the last 10 years before sale, no real estate income tax is payable.&nbsp;<strong>B<\/strong><strong>) Self-constructed buildings<\/strong>&nbsp;Such a tax exemption also applies to&nbsp;<strong>self-constructed buildings&nbsp;<\/strong>(the seller has the status of building owner); however, these buildings must not have been used to generate income from renting and leasing in the last 10 years before the sale.&nbsp;<strong>C<\/strong><strong>) Further exceptions<\/strong>&nbsp;Further exceptions are provided for exchange transactions in the context of a land consolidation or land reallocation procedure, as well as for&nbsp;<strong>the crediting of real estate transfer taxes&nbsp;<\/strong>and foundation entry taxes, as well as inheritance &amp; gift taxes of the last 3 years before the sale, against the speculation tax.&nbsp;<strong>3<\/strong><strong>. Partial deduction amounts and determination of the speculative gain<\/strong>&nbsp;When determining the speculative gain of \u201ctax-entangled\u201d plots, the preferentially deducted partial amounts for production expenditure \u2013 in addition to the deducted repair tenths \u2013 must be added to the speculative gain. Accordingly, under \u00a7 30 para. 3 EStG they are already included in the speculative gain and are therefore taxed at the special tax rate of 25%. For plots that are no longer tax-entangled, on the sale of rented plots, when determining the capital gain by the flat-rate method (at 3.5% of the sale proceeds), subsequent taxation takes place in the form of an add-back amounting to half of the production fifteenths (in special cases also tenths) deducted in the last 15 years before the sale, at the special tax rate of 25%.&nbsp;<strong>4<\/strong><strong>. Loss of the tenth or fifteenth deduction<\/strong>&nbsp;If the seller has filed an application for deduction in partial amounts for repair and production expenditure under \u00a7 28 paras. 2, 3 and 4 EStG 1988 (tenth or fifteenth deduction), the right to deduct the tenth or fifteenth amounts not yet claimed at the time of the sale is lost for both the seller and the buyer.&nbsp;<strong>5<\/strong><strong>. Input tax adjustment and value added tax<\/strong>&nbsp;Input tax amounts resulting from acquisition and production expenditure, as well as from major repairs, must, in the case of a transfer between living persons, be adjusted within the following years; for capital assets used, however, there is a transitional provision that provides for a nine-year adjustment period. If the legal successor uses the property for business purposes (e.g. an apartment building), the input tax adjustment can be avoided by additionally charging 20% VAT on top of the purchase price.&nbsp;<strong>However, the effects of the 1st Stability Act 2012 must be taken into account in the case of a tenant&#8217;s turnover that does not almost exclusively give rise to input tax deduction. In any case, it is advisable to discuss the VAT situation in detail with a tax expert before drawing up the purchase contract.<\/strong>&nbsp;<strong>6<\/strong><strong>. Sale of forest plots<\/strong>&nbsp;The hidden reserves from the standing timber are disclosed and must be taxed. This form is handed to you or to the company that acts as broker and is represented by Mr&nbsp;<em>I<\/em>&nbsp; Ms Click here to enter text. In accordance with existing business practice, the broker may act as a dual broker. The broker is in a&nbsp;<em>I&nbsp;<\/em>no family or economic close relationship with the third party to be brokered. &nbsp;<strong>Overview  <\/strong><strong>o<\/strong><strong>f<\/strong><strong> a<\/strong><strong>ddition<\/strong><strong>al<\/strong><strong> cost<\/strong><strong>s \u2014  <\/strong>&nbsp;&nbsp;<strong>Re<\/strong><strong>n<\/strong><strong>t<\/strong><strong> | Lease | Building right, <\/strong>&nbsp;&nbsp;<strong>a<\/strong><strong>n<\/strong><strong>d information on the brokerage contract<\/strong>&nbsp;&nbsp;&nbsp;OVI Form No. 13M \/5\/2014 I. Additional costs for tenancy agreements &#8230;&#8230;&#8230;&#8230; 2 II. Additional costs for lease agreements &#8230;&#8230;&#8230;&#8230; 3 III<strong>.<\/strong>Additional costs for the brokerage of building rights &#8230;&#8230;&#8230;&#8230; 4 IV. Energy performance certificate &#8230;&#8230;&#8230;&#8230; 4 V. Basics of the broker&#8217;s commission &#8230;&#8230;&#8230;&#8230; 5 VI. Information obligations towards consumers &#8230;&#8230;&#8230;&#8230; 7 VII. Rights of withdrawal &#8230;&#8230;&#8230;&#8230; 11&nbsp;<p>Business terms recommended by the Austrian Federal Economic Chamber, Professional Association of Real Estate and Asset Trustees, pursuant to \u00a7 10 IMV 1996, Federal Law Gazette No. 297\/1996.<\/p>GZ 2014 \/ 05 \/ 30 &#8211; FVO Ma\/ Pe &#8211; Form 13M \/ OVI&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<strong>D<\/strong><strong>e<\/strong><strong>s<\/strong><strong>pite the greatest care in preparing this information, the \u00d6VI cannot accept any liability whatsoever for the accuracy of its content.<\/strong>&nbsp;&nbsp;&nbsp;&nbsp;<strong>M<\/strong><strong>edia owner<\/strong><strong>&#8220;<\/strong>Austrian Association of the Real Estate Industry, 1040 Vienna, Favoritenstra\u00dfe 24\/11. E-mail: office@ ovi.a<a href=\"http:\/\/www.ovi.at\/\">t, www.ovi.at<\/a>&nbsp;<strong>Orders<\/strong>Richard Mascha Ges.m.b.H. &amp; Co. KG, 1140 Vienna, Gurkgasse 8. Tel.: (01) 812 67 61, Fax: ext. 40. E-mail: mail@ maschadruck.at<strong>I<\/strong><strong>. Additional costs for tenancy agreements<\/strong>&nbsp;&nbsp;<strong>1<\/strong><strong>. Stamp duty&nbsp;<\/strong>on the tenancy agreement (\u00a7 33 TP 5 GebG): 1% of the gross rent attributable to the contract term (incl. VAT), but no more than 18 times the annual value; for an indefinite contract term, 1% of three times the annual value. The landlord (or, in his representation, e.g. the broker, property manager, lawyer or notary) is obliged to calculate and remit the fee himself. In the case of fixed-term&nbsp;<strong>lease agreements&nbsp;<\/strong>over buildings or parts of buildings that predominantly serve residential purposes, the fees are capped at three times the annual value.&nbsp;<strong>ATTENTION<\/strong><p>Tenancy agreements for residential space are&nbsp;&nbsp;<strong>exempt from stamp duty!<\/strong>&nbsp;This concerns the \u201ccontract fee\u201d or \u201ccontract stamp duty\u201d,&nbsp;<strong>not<\/strong>&nbsp;any possible&nbsp;<a href=\"https:\/\/www.help.gv.at\/Portal.Node\/hlpd\/public\/content\/21\/Seite.210222.html\">broker&#8217;s commission<\/a>.<\/p><p>The exemption from stamp duty on the tenancy agreement applies to tenancy agreements for residential space concluded&nbsp;<strong>from 11 November 2017<\/strong>&nbsp; onwards. Residential tenancy agreements concluded up to that day, including the extension, remain subject to stamp duty unchanged.<\/p><strong>2<\/strong><strong>. Contract drafting costs&nbsp;<\/strong>as agreed within the fee schedule of the respective person drawing up the documents.&nbsp;&nbsp;<strong>3<\/strong><strong>. Brokerage commission<br>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; For tenancy agreements for residential space (urgent housing need), no commission may be charged to the tenant.<\/strong>The gross rent is used to calculate the commission. It consists of: * the main rent or sublet rent, * the proportionate operating costs and ongoing public levies, * the share for any special expenses (e.g. lift), * any charge for jointly rented furnishings and fittings or other additional services of the landlord. For calculating the commission basis, the&nbsp;<strong>value added tax&nbsp;<\/strong>is not to be included in the gross rent. The&nbsp;<strong>heating costs<\/strong>are likewise not to be included if the brokerage concerns tenancies of an apartment for which, under tenancy law provisions, the amount of rent may not be freely agreed (reasonable rent, reference-value rent). A commission for special compensation of up to 5% may additionally be agreed with the previous tenant.&nbsp;<img decoding=\"async\" src=\"file:\/\/\/C:\/Users\/Michael\/AppData\/Local\/Temp\/msohtml1\/01\/clip_image007.gif\">&nbsp;<p>* Not applicable if condominium ownership exists in the brokered apartment and the client is not the majority owner.<\/p>&nbsp;<p><strong>&nbsp;I I<\/strong><strong>. A<\/strong><strong>d<\/strong><strong>ditional costs for lease agreements<\/strong><\/p>&nbsp;&nbsp;<strong>1<\/strong><strong>. Stamp duty&nbsp;<\/strong>on the lease agreement (\u00a7 33 TP 5 GebG): 1% of the gross lease rent attributable to the contract term; for an indefinite contract term, 1% of three times the annual gross lease rent.&nbsp;&nbsp;<strong>2<\/strong><strong>. Contract drafting costs&nbsp;<\/strong>according to the rates of the respective person drawing up the documents&nbsp;&nbsp;<strong>3<\/strong><strong>. Brokerage commission<\/strong>&nbsp;<strong>a<\/strong><strong>) Lease relationships, in particular in agriculture and forestry<\/strong>For the brokerage of the leasing of properties or parts of properties, a commission may be agreed with both clients, set as a percentage of the lease rent attributable to the lease term. For&nbsp;<strong>an indefinite lease term&nbsp;<\/strong>5% of the lease rent attributable to 5 years. For a fixed lease term * up to 6 years &#8230;&#8230;&#8230;&#8230; 5% * up to 12 years &#8230;&#8230;&#8230;&#8230; 4% * up to 24 years &#8230;&#8230;&#8230;&#8230; 3% * over 24 years &#8230;&#8230;&#8230;&#8230; 2%, each plus 20% VAT. For the brokerage of accessories, an additional commission of 3% of the equivalent value plus 20% VAT may be agreed in each case.&nbsp;&nbsp;&nbsp;<strong>b) Business lease<\/strong>&nbsp;For&nbsp;<strong>an indefinite lease term&nbsp;<\/strong>, three times the monthly lease rent. For a fixed lease term * up to 5 years &#8230;&#8230;&#8230;&#8230; 5% * up to 10 years &#8230;&#8230;&#8230;&#8230; 4% * over 10 years &#8230;&#8230;&#8230;&#8230; 3%, each plus 20% VAT. For the brokerage of compensation for investments or furnishings, 5% of the amount paid by the lessee for this may be agreed with the lessor or the previous lessee.&nbsp;&nbsp;<strong>III<\/strong><strong>. A<\/strong><strong>dditional costs for the brokerage of building rights<\/strong>&nbsp;&nbsp;In the&nbsp;<strong>brokerage of building rights&nbsp;<\/strong>, the maximum commission, in each case for a building-right term of * 10 to 30 years &#8230;&#8230;&#8230;&#8230; 3% * over 30 years &#8230;&#8230;&#8230;&#8230; 2% of the building interest attributable to the term of the agreed building right. For a building-right term of more than 30 years, instead of the 2%, a flat-rate commission of 3% each plus VAT, calculated on the building interest for 30 years, may be agreed (value-limit rule, \u00a7 12 para. 4 IMVO). Since the upper limit is capped at 2% of the building interest attributable to 45 years, this amount simultaneously represents the maximum commission, irrespective of a longer agreed contract term.&nbsp;&nbsp;<strong>IV. Energy performance certificate<\/strong>&nbsp;&nbsp;The Energy Certificate Presentation Act (EAVG 2012) stipulates that the lessor&nbsp;<strong>(landlord\/agricultural lessor)&nbsp;<\/strong>of a building or a usage object, upon renting\/leasing (granting of tenancy), must present to the tenant (renter\/lessee) an energy performance certificate that is at most ten years old at that time, in good time before the contractual declaration is made, and must hand it over to him no later than 14 days after conclusion of the contract. Should this not occur, the tenant has the right, after an unsuccessful request to the lessor, either to commission an energy performance certificate himself and to claim the reasonable costs in court within 3 years, or to directly sue for the handover of an energy performance certificate. Since the EAVG 2012 came into force on 01.12.2012, the heating demand (HWB) and the overall energy efficiency factor (fGEE) must be stated in advertisements in print and electronic media. This obligation applies both to the lessor and to the real estate agent commissioned by him. Energy performance certificates drawn up before the EAVG 2012 came into force retain their validity for a period of 10 years from the date of issue, even if \u201conly\u201d the heating demand (HWB), but not the overall energy efficiency factor, is shown. If such an energy performance certificate exists for a building, only the HWB value (relative to the site climate) must be stated in the advertisement as well. The lessor has the choice of handing over either an energy performance certificate on the overall energy efficiency of the usage object, or the overall energy efficiency of a comparable usage object in the same building, or the overall energy efficiency of the entire building. For single-family houses, the presentation and handover obligation may also be fulfilled by an energy performance certificate of a comparable building. However, the energy certificate issuer must confirm this comparability. The energy performance certificate must be drawn up in accordance with the respective provincial law provisions and is intended to provide comparable information about the energy \u201cstandard consumption\u201d of an object. The calculation of the energy indicators is based on usage-independent parameters under predefined framework conditions, which is why significant deviations may occur in actual use. If no energy performance certificate is presented, pursuant to \u00a7 7 EAVG at least an overall energy efficiency corresponding to the age and type of the building is deemed to be agreed. From 01.12.2012, a uniform catalogue of exceptions applies throughout Austria. Heritage-protected objects are \u2013 unlike before \u2013 no longer exempt from the presentation obligation. Also from the entry into force of the new EAVG 2012, administrative penalty provisions must be observed. Both the lessor and the real estate agent who fail to state the HWB and fGEE values in the advertisement are liable to a fine of up to EUR 1,450. The agent is excused if he has informed the lessor about the information obligations and requested him to disclose the two values or to obtain an energy performance certificate, but the lessor has refused to do so. The lessor is furthermore faced with an administrative penalty of up to EUR 1,450 if he fails to present and\/or hand over the energy performance certificate.&nbsp;&nbsp;<strong>V<\/strong><strong>. Basics of the broker&#8217;s commission<\/strong>&nbsp;&nbsp;<strong>\u00a7 6 paras. 1, 3 and 4; \u00a7 7 para. 1; \u00a7\u00a7 10 and 15 of the Brokers Act<\/strong>&nbsp;&nbsp;\u00a7 6&nbsp;<strong>(1)&nbsp;<\/strong>The client is obliged to pay a commission in the event that the business to be brokered comes about with a third party through the broker&#8217;s meritorious activity in accordance with the contract.&nbsp;&nbsp;<strong>3<\/strong><strong>)&nbsp;<\/strong>The broker is also entitled to a commission if, as a result of his activity, not the business to be brokered under the contract, but a business economically equivalent to it according to its purpose comes about.&nbsp;<strong>4<\/strong><strong>)&nbsp;<\/strong>The broker is not entitled to a commission if he himself becomes a contracting party to the business. This also applies if the business concluded with the third party is economically equivalent to a conclusion by the broker himself. In the case of any other family or economic close relationship between the broker and the brokered third party that could impair the safeguarding of the client&#8217;s interests, the broker is entitled to a commission only if he immediately points out this close relationship to the client. \u00a7 7&nbsp;<strong>(1)&nbsp;<\/strong>The claim to commission arises with the legal effectiveness of the brokered business. The broker has no claim to an advance.&nbsp;&nbsp;<strong>\u00a7&nbsp;<\/strong>10 The claim to commission and the claim to reimbursement of additional expenses become due upon their arising.&nbsp;&nbsp;<strong>Spec<\/strong><strong>i<\/strong><strong>a<\/strong><strong>l<\/strong><strong> comm<\/strong><strong>ission<\/strong><strong> agreements<\/strong>&nbsp;<strong>\u00a7&nbsp;<\/strong>15&nbsp;<strong>(1)&nbsp;<\/strong>An agreement whereby the client must pay an amount \u2013 for example as compensation or reimbursement for expenses and effort \u2013 even without a brokerage success attributable to the broker, is permissible only up to the amount of the agreed or locally customary commission and only in the event that 1) the business specified in the brokerage contract fails to come about, contrary to good faith, solely because the client, contrary to the course of negotiations so far, omits without noteworthy reason a legal act necessary for the business to come about; 2) a business other than an equivalent-purpose one comes about with the third party brokered by the broker, provided the brokerage of the business falls within the broker&#8217;s field of activity; 3) the business specified in the brokerage contract comes about not with the client but with another person, because the client communicated to that person the possibility of conclusion made known to him by the broker, or the business comes about not with the brokered third party but with another person, because the brokered third party made the business opportunity known to that person, or 4) the business does not come about with the brokered third party because a statutory or contractual right of pre-emption, repurchase or entry is exercised.&nbsp;&nbsp;&nbsp;<strong>(2<\/strong><strong>)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>In the case of an exclusive brokerage mandate, such a payment may further be agreed in the event that 1. the exclusive brokerage mandate is terminated early by the client in breach of contract without good cause; 2. the business came about during the term of the exclusive brokerage mandate, in breach of contract, through the brokerage of another broker commissioned by the client, or 3. the business came about during the term of the exclusive brokerage mandate by means other than the brokerage of another broker commissioned by the client.<strong>(3<\/strong><strong>)&nbsp;<\/strong>Payments under paras. 1 and 2 are deemed to be a compensation amount within the meaning of \u00a7 1336 ABGB.&nbsp;&nbsp;<strong>An <\/strong><strong>agreement under \u00a7 15 of the Brokers Act (MaklerG) must be made in writing in the case of brokerage contracts with consumers.<\/strong>&nbsp;&nbsp;&nbsp;<strong>VI<\/strong><strong>. Information obligations towards consumers<\/strong>&nbsp;&nbsp;<strong>Information obligations of the real estate agent<\/strong>&nbsp;\u00a7 30 b KSchG&nbsp;<strong>(1)&nbsp;<\/strong>Before concluding the brokerage contract, the real estate agent must, with the care of a diligent real estate agent, give the client who is a consumer a written overview showing that he is acting as a broker and setting out all costs that the consumer is likely to incur from concluding the business to be brokered, including the brokerage commission. The amount of the brokerage commission must be stated separately; any economic or family close relationship within the meaning of \u00a7 6 para. 4 third sentence MaklerG must be pointed out. If the real estate agent may act as a dual broker by virtue of business practice, this overview must also contain a reference to that. In the event of a significant change in circumstances, the real estate agent must correct the overview accordingly. If the broker does not fulfil these obligations at the latest before the client&#8217;s contractual declaration regarding the brokered business, \u00a7 3 para. 4 MaklerG applies.&nbsp;&nbsp;<strong>(2<\/strong><strong>)&nbsp;<\/strong>The real estate agent must communicate to the client in writing the information required under \u00a7 3 para. 3 MaklerG. In any case, these also include all circumstances that are material for assessing the business to be brokered.&nbsp;<strong>R<\/strong><strong>EM<\/strong><strong>A<\/strong><strong>R<\/strong><strong>K<\/strong><strong>: Due to the existing business practice, real estate agents may also act as dual brokers without the express consent of the client.&nbsp;<\/strong>If the real estate agent, in accordance with the mandate, acts only for one party to the business to be brokered, he must inform the third party of this.&nbsp;&nbsp;<strong>I<\/strong><strong>nformation obligations for distance and off-premises transactions, content of the information obligation; legal consequences<\/strong>&nbsp;Applicable to: \u00b7 Off-premises contracts&nbsp;<strong>(AGV)&nbsp;<\/strong>between a business and a consumer, * which are concluded with the simultaneous physical presence of the business and the consumer at a place that is not the business premises of the business, * for which the consumer made an offer under the stated circumstances, or * which are concluded on the business premises of the business or through means of distance communication immediately after the consumer was personally and individually approached at a place other than the business premises of the business or its agent and of the consumer; or \u00b7 Distance contracts (FAG), which are contracts concluded between a business and a consumer without the simultaneous presence of the business and the consumer within the framework of a distance-selling or service-provision system organized for distance selling, whereby exclusively means of distance communication (post, internet, e-mail, telephone, fax) are used up to and including the conclusion of the contract. Excluded from the&nbsp;<strong>scope of application&nbsp;<\/strong>are contracts concerning * the creation, acquisition or transfer of ownership or other rights in immovable property (\u00a7 1 para. 2 no. 6 FAGG), * the construction of new buildings, substantial conversion of existing buildings, or the rental of residential space (\u00a7 1 para. 2 no. 7 FAGG); \u00a7 4 FAGG (1) Before the consumer is bound by a&nbsp;<strong>contract&nbsp;<\/strong>or his contractual declaration, the business must inform him in a clear and comprehensible manner about the following: 1) the essential characteristics of the goods or&nbsp;<strong>service&nbsp;<\/strong>to the extent appropriate for the means of communication and the goods or service, 2) the&nbsp;<strong>name&nbsp;<\/strong>or the&nbsp;<strong>company name&nbsp;<\/strong>of the&nbsp;<strong>business&nbsp;<\/strong>as well as the&nbsp;<strong>address&nbsp;<\/strong>of its establishment, 3) where applicable a) the&nbsp;<strong>telephone number<\/strong>, the&nbsp;<strong>fax number&nbsp;<\/strong>and the&nbsp;<strong>E<\/strong><strong>-mail address<\/strong>, through which the consumer can quickly reach the business and contact it without particular effort, b) the business address differing from the establishment of the business to which the consumer can address any complaint, and c) the name or company name and the address of the establishment of the person on whose behalf the business acts, as well as any differing business address of that person to which the consumer can address any complaint, 4) the total price of the goods or service including all taxes and charges, but where the price cannot reasonably be calculated in advance owing to the nature of the goods or service, the manner in which the price is to be calculated and, where applicable, all additional freight, delivery, postage or other costs or, where these costs cannot reasonably be calculated in advance, the fact that such additional costs may be incurred, 5) in the case of an indefinite contract or a subscription contract, the total costs incurred per billing period, where fixed amounts are charged for such a contract, the total monthly costs, but where the total costs cannot reasonably be calculated in advance, the manner in which the price is to be calculated, 6) the costs of using the means of distance communication used for concluding the contract, where these are not calculated at the basic rate, 7) the payment, delivery and performance conditions, the period within which, according to the business&#8217;s promise, the goods are to be delivered or the service is to be provided, as well as any procedure provided for the business&#8217;s handling of complaints, 8) where a right of withdrawal exists, the conditions, time limits and procedure for exercising this right, by providing the model withdrawal form pursuant to Annex I Part B, 9) where applicable, the consumer&#8217;s obligation, in the event of his withdrawal from the contract under \u00a7 15, to bear the costs of returning the goods, as well as, for distance contracts concerning goods that, by their nature, cannot normally be returned by post, the amount of the return costs, 10) where applicable, the consumer&#8217;s obligation, in the event of his withdrawal from the contract under \u00a7 16, to pay a proportionate amount for the services already provided, 11) where applicable, about the non-existence of a right of withdrawal under \u00a7 18 or about the circumstances under which the consumer loses his right of withdrawal, 12) in addition to the reference to the existence of a statutory warranty right for the goods, where applicable the existence and conditions of after-sales services and commercial guarantees, 13) where applicable, existing relevant codes of conduct pursuant to \u00a7 1 para. 4 no. 4 UWG and how the consumer can obtain a copy thereof, 14) where applicable, the duration of the contract or the conditions for the termination of indefinite&nbsp;<strong>contracts&nbsp;<\/strong>or automatically renewing contracts, 15) where applicable, the minimum duration of the obligations the consumer enters into with the contract, 16) where applicable, the right of the business to require the consumer to provide a deposit or other financial securities, as well as their conditions, 17) where applicable, the functionality of digital content including applicable technical protection measures for such content, 18) where applicable \u2013 to the extent material \u2013 the interoperability of digital content with hardware and software, to the extent this is known or must reasonably be known to the business, and 19) where applicable, the possibility of access to an out-of-court complaint and redress procedure to which the business is subject, and the conditions for such access. (2) In the case of a public auction, instead of the information referred to in para. 1 nos. 2 and 3, the corresponding details of the auctioneer may be provided. (3) The information under para. 1 nos. 8, 9 and 10 may be given by means of the model withdrawal instruction. With this provision of information in form, the said information obligations of the business are deemed fulfilled, provided the business has transmitted the form to the consumer correctly completed. (4) The information provided to the consumer under para. 1 is part of the contract. Changes are effective only if they have been expressly agreed by the contracting parties. (5) If the business has not fulfilled its obligation to inform about additional and other costs under para. 1 no. 4 or about the costs of returning the goods under para. 1 no. 9, the consumer does not have to bear the additional and other costs. (6) The information obligations under para. 1 apply without prejudice to other information obligations under statutory provisions based on Directive 2006\/123\/EC on services in the internal market, OJ No. L 376 of 27.12.2006, p. 36, or on Directive 2000\/31\/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market, OJ No. L 178 of 17.07.2000, p. 1.&nbsp;&nbsp;<strong>Provision of information for off-premises <\/strong>&nbsp;<strong>c<\/strong><strong>ontracts<\/strong>&nbsp;<strong>\u00a7&nbsp;<\/strong>5 FAGG&nbsp;<strong>(1)&nbsp;<\/strong>In the case of off-premises contracts, the information referred to in \u00a7 4 para. 1 must be provided to the consumer on paper or, if the consumer agrees, on another durable medium. The information must be legible, clear and comprehensible. (2) The business must provide the consumer with a copy of the signed contract document or the confirmation of the concluded contract on paper or, if the consumer agrees, on another durable medium. Where applicable, the copy or confirmation of the contract must also contain a confirmation of the consumer&#8217;s consent and acknowledgement pursuant to \u00a7 18 para. 1 no. 11.&nbsp;&nbsp;<strong>Provision of information for distance contracts<\/strong>&nbsp;<strong>\u00a7 7 FAGG (1) &nbsp;<\/strong>In the case of distance contracts, the information referred to in \u00a7 4 para. 1 must be provided to the consumer&nbsp;<strong>clearly and comprehensibly&nbsp;<\/strong>in a manner adapted to the means of distance communication used. If this information is provided on a&nbsp;<strong>durable medium&nbsp;<\/strong>, it must be legible.&nbsp;<strong>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>(2)<strong>&nbsp;&nbsp;&nbsp;&nbsp;<\/strong>If the contract is concluded using a means of distance communication that allows only limited space or time for displaying the information, the business must, before the conclusion of the contract via this means of distance communication, provide the consumer with at least the information referred to in \u00a7 4 para. 1 nos. 1, 2, 4, 5, 8 and 14 about the essential characteristics of the goods or services, the name of the business, the total price, the right of withdrawal, the contract duration and the conditions for terminating indefinite contracts. The other information referred to in \u00a7 4 para. 1 must be provided to the consumer in an appropriate manner in compliance with para. 1. (3) The business must provide the consumer, within a reasonable period after conclusion of the contract but at the latest upon delivery of the goods or before the start of performance of the service, with a confirmation of the concluded contract on a durable medium containing the information referred to in \u00a7 4 para. 1, unless it has already provided this information to the consumer on a durable medium before conclusion of the contract. Where applicable, the contract confirmation must also contain a confirmation of the consumer&#8217;s consent and acknowledgement pursuant to \u00a7 18 para. 1 no. 11.&nbsp;<strong>Spec<\/strong><strong>i<\/strong><strong>a<\/strong><strong>l<\/strong><strong> r<\/strong><strong>equirements for contracts concluded electronically<\/strong>&nbsp;\u00a7 8 FAGG&nbsp;<strong>(1)&nbsp;<\/strong>If a distance contract concluded electronically \u2013 but not exclusively by way of electronic mail or a comparable individual electronic means of communication \u2013 obliges the consumer to make a payment, the business must, immediately before the consumer submits his contractual declaration, point out to him clearly and in a prominent manner the information referred to in \u00a7 4 para. 1 nos. 1, 4, 5, 14 and 15. (2) The business must ensure that, when placing the order, the consumer expressly confirms that the order entails an obligation to pay. If the ordering process requires activation of a button or operation of a similar function, this button or function must be labelled legibly and exclusively with the words \u201corder with obligation to pay\u201d or a correspondingly coloured, unambiguous formulation that points out to the consumer that the order entails an obligation to pay towards the business. If the business does not comply with the obligations under this paragraph, the consumer is not bound by the contract or his contractual declaration. (3) On websites for electronic commerce, it must be indicated clearly and legibly, at the latest at the start of the ordering process, whether delivery restrictions exist and which means of payment are accepted. (4) Paras. 1 to 3 also apply to the contracts referred to in \u00a7 1 para. 2 no. 8. The provisions in para. 2 second and third sentences also apply to the contracts referred to in \u00a7 1 para. 2 nos. 2 and 3, provided they are concluded in the manner set out in para. 1.&nbsp;&nbsp;<strong><em>Def<\/em><\/strong><strong><em>i<\/em><\/strong><strong><em>n<\/em><\/strong><strong><em>i<\/em><\/strong><strong><em>t<\/em><\/strong><strong><em>io<\/em><\/strong><strong><em>n&nbsp;<\/em><\/strong><em>,,<\/em><em>durable m<\/em><em>e<\/em><em>d<\/em><em>i&nbsp;<strong>um&#8221;:<\/strong><\/em><em>P<\/em><em>ap<\/em><em>e<\/em><em>r<\/em><em>, USB sticks, CD-ROMs, DVDs, memory cards and computer hard drives, storable and reproducible e-mails.<\/em>&nbsp;&nbsp;<strong>Spec<\/strong><strong>i<\/strong><strong>a<\/strong><strong>l<\/strong><strong> r<\/strong><strong>equirements for contracts concluded by telephone<\/strong>&nbsp;\u00a7 9&nbsp;<strong>FAGG (1)&nbsp;<\/strong>In the case of distance calls with consumers aimed at concluding a distance contract, the business must, at the beginning of the call, disclose to the consumer his name or company name, where applicable the name of the person on whose behalf he is acting, and the commercial purpose of the call. (2) In the case of a distance contract for a service negotiated during a call initiated by the business, the consumer is bound only once the business provides the consumer with a confirmation of its contract offer on a durable medium and the consumer thereupon transmits to the business a written declaration of acceptance of this offer on a durable medium.&nbsp;&nbsp;<strong>VII<\/strong><strong>. Rights of withdrawal<\/strong>&nbsp;&nbsp;<strong>1<\/strong><strong>. Withdrawal from the brokerage contract (exclusive brokerage mandate, brokerage mandate, brokerage contract with the interested party) upon conclusion of the brokerage contract<\/strong><strong>By<\/strong><strong> distance<\/strong><strong> selling<\/strong><strong> or&nbsp;<\/strong><strong><em> upon<\/em><\/strong><strong><em> conclusion<\/em><\/strong><strong><em> of the<\/em><\/strong><strong><em> brokerage contract&nbsp;<\/em><\/strong><strong> off<\/strong><strong> the business<\/strong><strong> premises&nbsp;<em> of the<\/em><\/strong><strong><em> b<\/em><\/strong><strong><em>usines<\/em><\/strong><strong><em>s&nbsp;<\/em><\/strong><strong> (<\/strong><strong>\u00a7 11 FAGG)<\/strong>&nbsp;&nbsp;Excluded from the scope of application are contracts concerning * the creation, acquisition or transfer of ownership or other rights in immovable property (\u00a7 1 para. 2 no. 6 FAGG) * the construction of new buildings, substantial conversion of existing buildings, or the rental of residential space (\u00a7 1 para. 2 no. 7 FAGG);&nbsp;<strong>R<\/strong><strong>ight<\/strong><strong> of with<\/strong><strong>d<\/strong><strong>rawal and with<\/strong><strong>drawal<\/strong><strong> period<\/strong>&nbsp;\u00a7&nbsp;<strong>11 FAGG (1)&nbsp;<\/strong>The consumer may withdraw from a distance contract or an off-premises contract within 14 days without giving reasons. For service contracts, the withdrawal period begins on the day the contract is concluded.&nbsp;&nbsp;<strong>O<\/strong><strong>m<\/strong><strong>it<\/strong><strong>t<\/strong><strong>e<\/strong><strong>d<\/strong><strong> i<\/strong><strong>n<\/strong><strong>struction<\/strong><strong> about the right of withdrawal<\/strong>&nbsp;\u00a7 &nbsp;12 &nbsp;FAGG &nbsp;<strong>(1) &nbsp;<\/strong>If the business has not complied with its information obligation under \u00a7 4 para. 1 no. 8, the withdrawal period provided for in \u00a7 11 is shortened by twelve months. (2) If the business subsequently provides the information within twelve months from the day decisive for the start of the period, the withdrawal period ends 14 days after the point at which the consumer receives this information.&nbsp;&nbsp;<strong>E<\/strong><strong>xercise of the right of withdrawal<\/strong>&nbsp;\u00a7&nbsp;&nbsp;&nbsp;<strong>13&nbsp;&nbsp;&nbsp;<\/strong>FAGG&nbsp; &nbsp;<strong>(1)&nbsp;&nbsp;&nbsp;<\/strong>The declaration of withdrawal is not bound to any particular form. The consumer may use the model withdrawal form for this purpose. The withdrawal period is met if the withdrawal declaration is sent within the period. (2) The business may also give the consumer the option of completing and submitting the model withdrawal form or a differently worded withdrawal declaration electronically on the business&#8217;s website. If the consumer submits a withdrawal declaration in this way, the business must immediately transmit to him a confirmation of receipt of the withdrawal declaration on a durable medium.&nbsp;<strong>Co<\/strong><strong>mmence<\/strong><strong>ment<\/strong><strong> of<\/strong><strong> contract performance before expiry of the withdrawal period.<\/strong>&nbsp;&nbsp;\u00a7 10 FAGG If a distance contract or a contract concluded off business premises has as its subject matter a service, the supply of water, gas or electricity not offered in a limited volume or fixed quantity, or the supply of district heating, and the consumer wishes the business to begin performance of the contract before expiry of the withdrawal period under \u00a7 11, the business must request the consumer to declare an express request directed at this early performance of the contract \u2013 in the case of a contract concluded off business premises, on a durable medium.&nbsp;<strong>O<\/strong><strong>b<\/strong><strong>li<\/strong><strong>g<\/strong><strong>a<\/strong><strong>tio<\/strong><strong>ns of the consumer upon withdrawal from a contract for services, energy and water supplies, or digital content<\/strong>&nbsp;\u00a7 16 FAGG (1) If the consumer withdraws under \u00a7 11 para. 1 from a contract for services or for the energy and water supplies mentioned in \u00a7 10, after having declared a request under \u00a7 10 and the business has thereupon begun performance of the contract, he must pay the business an amount which, in proportion to the total price agreed in the contract, corresponds to the services provided by the business up to the withdrawal. If the total price is excessive, the proportionate amount payable is calculated on the basis of the market value of the services provided. (2) The proportionate obligation to pay under para. 1 does not exist if the business has not complied with its information obligation under \u00a7 4 para. 1 nos. 8 and 10. Exception to the right of withdrawal \u00a7 18 FAGG (1) The consumer has no right of withdrawal for distance or off-premises contracts for services if the business \u2013 on the basis of an express request by the consumer under \u00a7 10 and a confirmation by the consumer of his awareness of the loss of the right of withdrawal upon full performance of the contract \u2013 had begun performance of the service before expiry of the withdrawal period under \u00a7 11 and the service was then fully provided.&nbsp;<strong>2<\/strong><strong>. Withdrawal from the real estate transaction under \u00a7 30a KSchG<\/strong>&nbsp;&nbsp;A &nbsp;<strong>client&nbsp;<\/strong>(customer) who is a&nbsp;<strong>consumer&nbsp;<\/strong>(\u00a7 1 KSchG) may,&nbsp;<strong>within one&nbsp;<\/strong>week, in writing,&nbsp;<strong>his<\/strong>withdrawal&nbsp;<strong> decl<\/strong><strong>are,&nbsp;<\/strong>if, * he submitted his contractual declaration on the day of the first viewing of the contract property, * his declaration is directed at the acquisition of a leasehold right (in particular a tenancy right), another right of use or enjoyment, or of ownership, namely * in an apartment, a single-family home or a plot suitable for building a single-family home, and this * is intended to cover the urgent housing needs of the consumer or a close relative. The period&nbsp;<strong>begins&nbsp;<\/strong>to run only when the consumer has received a duplicate of the contractual declaration and a withdrawal instruction, i.e. either on the day after submitting the contractual declaration or, if the duplicate together with the withdrawal instruction was handed over later, at that later point in time. The right of withdrawal lapses in any case at the latest one month after the day of the first viewing. The agreement of earnest money, forfeit money or a down payment before expiry of the withdrawal period under \u00a7 30a KSchG is invalid. A withdrawal declaration addressed to the real estate agent regarding a real estate transaction also applies to a brokerage contract concluded in the course of the contractual declaration. Sending the withdrawal declaration on the last day of the period (date of the postmark) is sufficient. As a withdrawal declaration, it suffices to send a document containing a contractual declaration of even just one party, with an addition that indicates the consumer&#8217;s refusal.&nbsp;&nbsp;<strong>3<\/strong><strong>. Right of withdrawal for \u201cdoor-to-door transactions\u201d under \u00a7 3 KSchG<\/strong>&nbsp;Applies to contracts that are explicitly excluded from the scope of the Distance and Off-Premises Transactions Act (FAGG). A &nbsp;<strong>client&nbsp;<\/strong>(customer) who is a consumer (\u00a7 1 KSchG) and who * neither submitted his contractual declaration on the premises of the real estate agent, * nor<strong> himself<\/strong><strong> initiated the business relationship for&nbsp;<\/strong> concluding the&nbsp;<strong> con<\/strong><strong>tract&nbsp;<\/strong> with the&nbsp;<strong> real estate agent&nbsp;<\/strong>, may declare his withdrawal up to the conclusion of the contract or thereafter within 14 days. The period&nbsp; &nbsp;<strong>begins&nbsp;&nbsp;&nbsp;<\/strong>to run only once the consumer has been given a \u201cdocument\u201d containing the name and address of the business, the information necessary to identify the contract, and an instruction on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal. If the instruction on the right of withdrawal is missing, the consumer is entitled to the right of withdrawal for a period of twelve months and 14 days from conclusion of the contract. If the business subsequently provides the document within the twelve months from the start of the period, the reduced withdrawal period ends 14 days after the point at which the consumer receives the document. The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the withdrawal declaration is sent within the period.&nbsp;&nbsp;&nbsp;<strong>4.<\/strong><strong> The<\/strong><strong> right of<\/strong><strong> withdrawal in the event of non-occurrence of material circumstances (\u00a7 3a KSchG)<\/strong>&nbsp;The consumer may withdraw in writing from his contract offer or from the contract if * without his prompting, * material circumstances, * that were presented as likely by the business, * have not occurred or have occurred to a considerably lesser extent. Material circumstances are * the required cooperation or consent of a third party, * tax advantages, * a public subsidy or the prospect of a loan. The withdrawal period is one week from when the non-occurrence becomes recognizable to the consumer, provided he was instructed in writing about this right of withdrawal. However, the right of withdrawal ends in any case one month after complete performance of the contract by both parties.&nbsp;&nbsp;<strong>E<\/strong><strong>x<\/strong><strong>c<\/strong><strong>e<\/strong><strong>p<\/strong><strong>t<\/strong><strong>i<\/strong><strong>o<\/strong><strong>ns to the right of withdrawal:<\/strong>&nbsp;The consumer&#8217;s knowledge or obligation to know of the non-occurrence during the contract negotiations. Individually negotiated exclusion of the right of withdrawal (cannot be covered by a standard form). Reasonable adjustment of the contract.&nbsp;&nbsp;<strong>5<\/strong><strong>. The right of withdrawal in the property-developer contract under \u00a7 5 BTVG<\/strong>&nbsp;With the Property Developer Contract Act, protective provisions were created for purchasers of rights in buildings, apartments or business premises that are yet to be built or comprehensively renovated. The Act applies only to property-developer contracts in which&nbsp;<strong>advance payments&nbsp;<\/strong>of more than EUR 150 per square metre of usable floor space are to be made. The&nbsp;<strong>purchaser may withdraw from his contractual declaration,&nbsp;<\/strong>if the property developer did not notify him in writing of the following at least one week before its submission: 1. the intended content of the contract; 2. the intended wording of the agreement with the credit institution (if the security obligation under \u00a7 7 para. 6 no. 2 (blocked-account model) is to be fulfilled) 3. the intended wording of the certificate under \u00a7 7 para. 6 no. 3 lit. c; (if the security obligation under \u00a7 7 para. 6 no. 3 (creditworthiness model in subsidized rental housing) is to be fulfilled) 4. the intended wording of the security to be issued to him (if the security obligation is to be fulfilled under the law of obligations (\u00a7 8) without the appointment of a trustee (guarantee, insurance)) 5. where applicable, the intended wording of the additional security under \u00a7 9 para. 4 (if the property developer&#8217;s security obligation is to be fulfilled by registration in the land register (\u00a7 9 and \u00a7 10) (instalment plan A or B)). Unless the purchaser receives, at least one week before submitting his contractual declaration, the information referred to in points 1-5 above as well as an instruction on the right of withdrawal in writing, he is entitled to a right of withdrawal. The withdrawal may be declared without time limit before the contract comes into existence; thereafter, the withdrawal must be declared within 14 days. The withdrawal period begins to run upon receipt of the information, but not before the contract comes into existence. Irrespective of receipt of this information, however, the right of withdrawal lapses in any case at the latest 6 weeks after the contract comes into existence. In addition, the purchaser may withdraw from his contractual declaration if a housing subsidy made the basis of the contract by the parties is not granted in whole or to a substantial extent for reasons not attributable to him. The withdrawal must be declared within 14 days. The withdrawal period begins as soon as the purchaser is informed of the non-occurrence of the housing subsidy and, at the same time or afterwards, receives a written instruction on the right of withdrawal. However, the right of withdrawal lapses at the latest 6 weeks after receipt of the information about the non-occurrence of the housing subsidy. The purchaser may declare the withdrawal in writing to the property developer or the trustee. A &nbsp;<strong>withdrawal declaration addressed to the real estate agent regarding a real estate transaction also applies to a brokerage contract concluded&nbsp;<\/strong>in the course&nbsp;<strong>of the contractual declaration.<\/strong>Sending the withdrawal declaration on the last day of the period (date of the postmark) is sufficient. As a withdrawal declaration, it suffices to send a document containing a contractual declaration of even just one party, with an addition that indicates the consumer&#8217;s refusal.<\/td><\/tr><\/tbody><\/table>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>OVERVIEW OF ADDITIONAL COSTS FOR Purchase \/ Sale \/ Exchange \/ Rent \/ Lease \/ Building right of a property You can also download the long version of the overview of additional costs as aPDF file&nbsp;&gt;&gt; here &lt;&lt;&nbsp;.The short version from Immoexpress for the purchase of properties is available for download&gt;&gt; here &lt;&lt;&nbsp; .To view [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template\/template-page.php","meta":{"footnotes":""},"class_list":["post-279234","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/pages\/279234","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/comments?post=279234"}],"version-history":[{"count":45,"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/pages\/279234\/revisions"}],"predecessor-version":[{"id":286679,"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/pages\/279234\/revisions\/286679"}],"wp:attachment":[{"href":"https:\/\/immo.express\/en\/wp-json\/wp\/v2\/media?parent=279234"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}