In the event the client has previous knowledge of a property offered by LW-Immo GmbH, the client is obliged to notify LW-Immo GmbH in writing forthwith of this previous knowledge. Otherwise, the submission of the quotation shall be deemed accepted.
Our offers are non-binding and subject to confirmation. By entering into a commercial transaction with LW-Immo GmbH, the client hereby acknowledges these terms and conditions.
2. Additional costs for buying property in Austria
– Real estate transfer tax: 3.5% of the value of the property (discounts or exemption possible in exceptional cases)
– Land registration fee (title to property) 1.1%
– Cost of drafting contract and registration in the land register as agreed within the scope of the fee structure of the notary or lawyer preparing the contract, as well as out-of-pocket expenses for certifications and stamp duties
– Legal costs and administrative charges for land registry proceedings (differs from state to state)
– Preferential loans for apartment buildings and owner-occupied houses – transferred to the purchaser: in addition to the current repayment installment, an extraordinary repayment rate up to 50% of the outstanding principal or an eventual reduction in the term of the loan. The purchaser has no legal entitlement to receive a preferential loan.
– Any communal property charges prescribed by the local authority (development costs and costs of preparing the plot for construction) and connection charges and fees (water, sewer, electricity, gas, telephone, etc.)
3. Additional costs for mortgage loans
– Land registration fee 1.2%
– General order of priorities for the mortgage 0.6%
– Cost of drafting of the debt instrument according to the fee structure of the notary or lawyer preparing the contract
– Out-of-pocket expenses for certifications and stamp duties according to standard fees
– Cost of any appraisals according to the appraiser’s fee structure
– Commission may not exceed 2 % of the loan if the loan transaction is a transaction pursuant to § 15 para 1 of the Real Estate Brokers Ordinance (IMVO). If the transaction is not subject to the said ordinance, the commission or other remuneration may not exceed 5 % of the loan.
4. Agency fee for services, contracts, etc.
(1) The client is obliged to pay LW-Immo GmbH a commission in the event that a transaction is concluded with a third party for services contractually agreed with LW-Immo GmbH.
(2) LW-Immo GmbH is also entitled to commission even if his activities did not result in the conclusion of the intended contract, but the conclusion of another contract, which is commercially similar to the original contract (e.g.: rent instead of purchase).
(3) LW-Immo GmbH shall not be entitled to commission if it becomes a contracting party to the transaction. This shall also apply if the transaction realised with a third party is commercially similar to the conclusion of the transaction by LW-Immo GmbH itself. In the event of a familial or close commercial relationship between LW-Immo GmbH and a third party which may impact the interests of the client, LW-Immo GmbH shall only be entitled to commission if it immediately notifies the client of such close relationship.
(4) The entitlement to commission shall arise once the transaction or contract legally comes into force.
(5) The claim for commission and reimbursement for additional costs shall be due for payment when they arise.
(6) The amount of the fee or the basis of proration is determined by the actual price of the lease, rental or purchase negotiated plus 20 % VAT.
5. Special commission agreements
§ 15 (1) Eine Vereinbarung, wonach der Auftraggeber, etwa als Entschädigung oder Ersatz für Aufwendungen und Mühewaltung, auch ohne einen der LW-Immo GmbH zurechenbaren Vermittlungserfolg einen Betrag zu leisten hat, ist nur bis zur Höhe der vereinbarten oder ortsüblichen Provision und nur für den Fall zulässig, dass
§ 15 (1) An agreement under which the client is required to pay an amount, such as for compensation or reimbursement of expenses incurred and professional services rendered in cases where there is no successful conclusion of a deal attributable to LW-Immo GmbH shall only be permissible up to the amount of the agreed commission or the typical commission for the region, and only in the event that:
– the transaction described in the agency agreement fails to materialise, despite good faith, because the client – contrary to the course of the negotiations up to that point – fails to take the necessary action required for the conclusion of the deal, without good cause;
– a transaction with a different commercial purpose is concluded with the third party commissioned by LW-Immo GmbH, provided the conclusion of the transaction is the result of LW-Immo GmbH’s activities
– the transaction described in the agency agreement is not concluded with the client but with another person, because the client informed such person of the business opportunity made known to him by LW-Immo GmbH, or if the transaction was not concluded with the third party commissioned by LW-Immo GmbH but some other person because the designated third party provided information to this other person on the business opportunity, or
– the business transaction has not materialised with the designated third party because a statutory or a contractual right of pre-emption, option to repurchase or right of subrogation is exercised.
– (2) Such commission payments are hereby further agreed in case of an exclusive agency agreement if the exclusivity is prematurely terminated by the client in breach of the agreement with LW-Immo GmbH, without good cause;
– a transaction was entered into during the exclusive agency period with another real estate agent instructed by the client in violation of the agreement with LW-Immo GmbH; or
– the transaction was entered into during the exclusive agency period in some other way with another real estate agent instructed by the client.
Pursuant to § 15 of the Estate Agency Act, an agency agreement with a client must be made in writing to be deemed valid
6. Fee for contracts of sale
The amount of the fee or the basis of proration is determined by the lease, rental or purchase price actually achieved. The maximum commission (excl. 20 % VAT) pursuant to § 15 of the Real Estate Broker Ordinance dated 1996 for the purchase, sale or exchange of
– Property or property units
– Property units comprising home ownership units
– Or developed according as per agreement
– All commercial property
– Compensation for buildings erected on third-party land
is stipulated according to the following values:
– up to € 36,336.42: 4%
– from € 36,336.42 to € 48,448.58: € 1,453.46
– € 48,448.58 upwards: 3%
7. Fee for rental contracts and leases
The maximum commission (excl. 20 % VAT) pursuant to §§ 19 et seq. of the Real Estate Broker Ordinance dated 1996 for negotiating the letting or subletting of residential apartments, houses and commercial property of all kinds, as well as other rights of use.
Term of contract
– Indefinite period or term of more than 3 years
Termm of between 2 and 3 years
In case of an extension for more than 3 years or an indefinite period – Term of less than 2 y
In case of an extension to the maximum of 3 years
In case of an extension for more than 3 years or an indefinite period
– Sublet of individual residential premises irrespective of the duration
– 3 month’s gross rent
or monthly payments
– 3 month’s gross rent
– 1 month’s gross rent
– 2 month’s gross rent
or monthly payments
– 1 month’s gross rent
Additional 2 month’s gross rent
Additional 3 month’s gross rent
– 1 Additional
8. Right of withdrawal
(1) A customer (client), who is a consumer (§ 1 of the Consumer Protection Act) and
– has made a contractual declaration on the day of the first visit to the premises,
– whose declaration is based on the acquisition of a tenant or lease right, other rights of use, or ownership, namely
– to an apartment, single-family house or a property suitable for the construction of a single-family house, and if
– the same is intended to meet the immediate housing needs of the consumer or a close relative; is entitled to declare his or her withdrawal in writing within one week.
The withdrawal period shall only commence when the client has received a copy of the contractual declaration as well as the cancellation policy, i.e., either on the day after the contractual declaration was issued, or if the copy of the declaration including the cancellation policy was delivered at a later date, at such later point in time. The right of withdrawal expires in any case no later than one month after the date of the first visit. Agreements on the payment of a deposit, forfeit money or the like prior to expiration of the withdrawal period shall be invalid pursuant to § 30 of the Consumer Protection Act (KSchG).
(2) Right of withdrawal in case of doorstep selling pursuant to § 3 of the Consumer Protection Act (KSchG)
A client who is a consumer (§ 1 KSchG) and has made a contractual declaration
– outside the offices of LW-Immo GmbH,
– and has not initiated the business relationship to conclude the contract with LW-Immo GmbH him- or herself,
may declare his withdrawal in writing until the contract materialises or within one week thereafter. The withdrawal period shall only commence when the consumer is given a document containing the name and address of the entrepreneur, the information necessary to identify the contract and information on the cancellation policy.
Note: If the consumer contacts LW-Immo GmbH him- or herself, for example on the basis of an advertisement, the consumer has established the contact independently and thus – regardless of where the contract was concluded – is not entitled to any right to withdrawal pursuant to § 3 of the Consumer Protection Act (KSchG).
3) Right of withdrawal in case of non-occurrence of essential circumstances (§ 3a KSchG)
The consumer may withdraw his application for a contract or the contract itself in writing if through no fault of his or her
– essential circumstances,
– that were described by the entrepreneur as being likely,
– have not occurred or have only occurred to a considerably smaller extent.
Essential circumstances are
– the necessary cooperation or consent of a third party,
– tax benefits,
– public aid or the prospect of a loan.
The withdrawal period is one week after the consumer is able to notice such non-occurrence, provided he was informed about the right of withdrawal in writing. In any case, the right of withdrawal shall end one month after both parties have fully concluded the contract.
Exceptions to the right of withdrawal:
– if the consumer had knowledge or must have known about the non-occurrence during the contract negotiations.
– an exclusion of the right of withdrawal was agreed in an individual case (not included in the forms).
– an amendment to the contract is deemed reasonable.