Increasingly, real estate broker contracts are concluded online or arranged via email and telephone. Many buyers and sellers don’t realize that such distance sales contracts in Austria follow different rules than classic broker contracts negotiated in person. The Distance Sales Act (Fernabsatzgesetz, FAG) and the EU Consumer Rights Directive on e-commerce bring rights — but also obligations for both sides.

If you’re considering a distance sales broker contract or have already signed one, you should understand the key points: withdrawal periods, commission-free terms, the broker’s disclosure obligations, and the conditions under which a contract becomes binding. If you’re unsure about your documents or have questions about your specific situation, a non-binding consultation provides clarity — Simon Immobilien is happy to help you understand your position.

The Essentials at a Glance

Distance sales contracts with brokers in Austria are governed by the Distance Sales Act and provide buyers and sellers with a 14-day right of withdrawal.
Commission-free terms are a core principle: buyers pay no commission to the broker when the brokerage occurs at a distance.
The broker must provide comprehensive information before contract conclusion — about costs, services, contract terms, and the withdrawal right.
Verbal agreements qualify as distance sales contracts if they don’t take place in the broker’s business premises.
Common mistakes — missing written confirmation, unclear commission terms, late withdrawals — cost time and money.
Unwinding a withdrawn contract doesn’t always run smoothly; clear documentation protects both sides.

Distance Sales Contracts with Real Estate Brokers: What Exactly Are They?

The Distance Sales Act (FAG) regulates contracts concluded between a business (here: a broker) and a consumer (buyer or seller) without simultaneous physical presence. It sounds simple but is often unclear in practice.

A distance sales contract exists when the broker and customer don’t meet in person at the broker’s business premises. This means: phone calls, email correspondence, video calls, online forms, SMS, or messenger messages all count as distance sales. Even initial contact by phone followed by email confirmation is a distance sales contract — even if an in-person meeting occurs later, the contract itself is concluded at a distance.

Important: A later in-person meeting at the broker’s office doesn’t retroactively change the classification. The timing of mutual agreement determines it. If the broker said “Okay, I’ll market your property” over the phone and you agreed, the contract was concluded at a distance — regardless of whether you visit the office afterward.

Why does this distinction matter? Because distance sales contracts come with consumer protection rights that don’t apply to traditional broker contracts. Buyers and sellers have a withdrawal right, the broker must act transparently, and there are special requirements for contract confirmation.

Right of Withdrawal: Period, Scope, Exceptions

The right of withdrawal is one of the strongest consumer protection tools in the Distance Sales Act. It allows the buyer or seller to withdraw from a broker contract within 14 days without stating reasons — starting from the moment of contract conclusion, not from receipt of confirmation.

The 14-Day Period

The period begins running on the day the contract is concluded. If, for example, the broker contract was agreed by phone on March 15, the withdrawal period ends on March 29 at midnight. The withdrawal must reach the broker before the period expires — it’s not enough to send it; it must arrive. Email, registered mail, or fax is safer than a regular letter.

The period can extend if the broker failed to inform you correctly. If, for example, the broker didn’t provide you with an information sheet before contract conclusion or didn’t clearly communicate your withdrawal right, the period only starts running once correct information is provided — but no more than 12 months after the original contract date.

What Happens If You Withdraw?

A valid withdrawal cancels the broker contract. The broker cannot then demand any commission — not even for services already provided, such as viewings or property brochures. This is a fundamental difference from classic broker contracts, where a commission becomes due as soon as the broker acts.

However, there is one exception: if the broker has already fully performed the service and you have explicitly consented in writing to the service being fully provided before the withdrawal period expires, you can no longer withdraw. This exception is narrowly construed and requires your explicit written consent.

When Does the Withdrawal Right Not Apply?

The withdrawal right does not apply to contracts concluded in the broker’s business premises. Even if you arrange an appointment online and then sign in the office, the withdrawal right can be lost — provided the contract conclusion itself occurred in the office. There are also exceptions for contracts where the service has already been fully performed and you consented to this.

Commission-Free Terms in Distance Sales: The Core Principle

One of the most important features of distance sales contracts with brokers is the commission-free purchase for buyers. Austrian broker law (Maklergesetz, MaklerG) and consumer protection directives require brokers not to burden buyers with commissions when brokerage occurs at a distance.

Specifically, this means: if you buy a property through a broker and the broker contacted you by phone, email, or online platform, the broker cannot demand any commission from you. The seller bears the brokerage fee — typically between 2 and 4 percent of the purchase price, depending on agreement and region.

How Is the Commission Regulated?

The commission is agreed between broker and seller. The seller pays the agreed fee once the property is successfully sold. The broker is obligated to make this transparent and inform the buyer before contract conclusion that no commission is due.

Important: “Successfully sold” typically means the purchase contract has been notarized. Some brokers demand the commission once a purchase offer is signed or the property is registered in the land register — this should be clearly stated in the agreement with the seller.

Can the Broker Charge Additional Costs?

No. The broker may not charge the buyer any commission, ancillary costs, administrative fees, or other charges in a distance sales contract. All costs are borne by the seller through the agreed brokerage fee. This is a strict rule and is monitored closely by the Austrian Financial Market Authority (FMA) and regulatory bodies.

Broker Disclosure Obligations: What You Must Learn in Advance

The Distance Sales Act requires the broker to inform you comprehensively before contract conclusion. This information must be clear, understandable, and in durable form (e.g., email, PDF).

The broker must communicate the following points to you:

Name and contact details of the broker (address, phone, email)
Nature and scope of brokerage services (e.g., “buyer mediation,” “property marketing”)
Total price or calculation method (for buyers: that no commission applies; for sellers: the agreed fee)
Payment terms and deadlines
Contract conditions and their duration
Your withdrawal right, the withdrawal period, and the model withdrawal form
Information on dispute resolution and complaint procedures
Notice of applicable law and jurisdiction

This information must be provided in writing — telephone communication is insufficient. The broker must provide the information before contract conclusion, not after. A common mistake is brokers sending the information only after signature.

Step by Step: How a Distance Sales Broker Contract Unfolds

The process of a distance sales broker contract differs from classic broker contracts. Here are the typical steps:

Initial Contact and Disclosure Obligation (Day 1): The broker contacts you by phone, email, or online form. In parallel or immediately afterward, the broker must provide you with all required information (see above) in writing. Duration: immediately to 24 hours.
Clarifying Contract Terms (Day 1–3): You and the broker discuss the exact services, deadlines, and costs. The broker confirms the agreement in writing (by email or PDF). Duration: 1–3 days.
Contract Conclusion (Day 1–7): You and the broker agree on all essential points. Contract conclusion can be verbal (e.g., “Yes, okay, market the property for me”) but must be confirmed in writing. From this moment, the 14-day withdrawal period begins. Duration: immediately.
Written Confirmation (Day 1–7): The broker sends you a written contract confirmation with all agreed terms, your withdrawal right, and a copy of the model withdrawal form. Duration: 1–7 days after contract conclusion.
Brokerage Service and Withdrawal Period (Day 1–14): The broker begins marketing (property promotion, viewings, buyer search). You have 14 days to withdraw. Duration: 14 days from contract conclusion.
Withdrawal Right Expires or Contract Becomes Binding (Day 15): After 14 days, the withdrawal right expires (unless the broker failed to inform you correctly). The contract is now binding. Duration: a point in time.
Brokerage Success and Commission Settlement (Day 15+): The broker finds a buyer, a purchase contract is concluded and notarized. The seller pays the agreed commission to the broker. The buyer pays nothing. Duration: weeks to months, depending on the market.

Contact points: broker, later notary (for notarization), tax advisor (for transfer tax), land registry court (for registration).

Calculation Example: Distance Sales Broker Contract in Comparison

Scenario A: Sale via distance sales broker contract

Purchase price: €450,000
Agreed brokerage fee: 3% (= €13,500)
Transfer tax (3.5%): €15,750
Registration fee (1.1%): €4,950
Notary (approx. 1.5%): €6,750
Total ancillary costs for seller: €13,500 + €15,750 + €4,950 + €6,750 = €40,950

The buyer pays: €450,000 purchase price + €15,750 transfer tax + €4,950 registration fee + €6,750 notary = €477,450 (no brokerage fee).

Scenario B: Sale without a broker

Purchase price: €450,000
Transfer tax (3.5%): €15,750
Registration fee (1.1%): €4,950
Notary (approx. 1.5%): €6,750
Total ancillary costs for seller: €15,750 + €4,950 + €6,750 = €27,450

The buyer pays: €450,000 purchase price + €15,750 transfer tax + €4,950 registration fee + €6,750 notary = €477,450.

The difference: The seller saves €13,500 in brokerage fees by selling without a broker. The buyer pays the same in both scenarios.

Cost Item	With Broker (Distance Sales)	Without Broker
Brokerage fee	€13,500 (seller pays)	€0
Transfer tax	€15,750	€15,750
Registration fee	€4,950	€4,950
Notary	€6,750	€6,750
Total Ancillary Costs Seller	€40,950	€27,450
Total Costs Buyer	€477,450	€477,450

Common Mistakes and How to Avoid Them

Mistake 1: No Written Confirmation of Contract Conclusion

Many brokers conclude contracts verbally (“Okay, I’m in”) and forget written confirmation. This is a common error that later leads to disputes. Without written confirmation, it’s unclear when the withdrawal period began and whether all information was communicated correctly.

Prevention: Demand written confirmation of contract conclusion by email or PDF on the same day. This confirmation should contain all essential points: services, costs, contract duration, withdrawal right.

Mistake 2: Unclear Commission Terms

Some brokers speak of “commissions” or “fees” without clarifying who pays and when. In distance sales contracts, it’s clear: the buyer pays nothing; the seller bears the fee. If this remains unclear, conflicts can arise later.

Prevention: Ask the broker explicitly: “Do I pay a commission as a buyer?” The answer must be “No.” Get this confirmed in writing.

Mistake 3: Late Withdrawal

Many people think they can still withdraw even though the 14-day period has long expired. The withdrawal must reach the broker before the period expires — not just be sent.

Prevention: Note the exact day of contract conclusion. Calculate the period: 14 days later at midnight. If you want to withdraw, do so at least 2 days before, by registered mail or email with read receipt.

Mistake 4: No Documentation of Contract Conclusion Details

Who can later prove exactly when the contract was concluded? If only a verbal agreement occurred and the broker later claims it happened in the office, things become complicated.

Prevention: Document every conversation. After a phone call, write an email: “As discussed, you are marketing my property effective immediately. Cost: 3%, seller pays.” This gives you proof.

Mistake 5: Missing Information Before Contract Conclusion

The broker informs you of the withdrawal right only after contract conclusion. This violates the Distance Sales Act and can extend the withdrawal period.

Prevention: Demand an information sheet or written summary of all terms before contract conclusion. Don’t sign until you understand everything.

Mistake 6: Confusion with Classic Broker Contracts

Some buyers think the withdrawal right doesn’t apply to broker contracts because they concluded it “only online.” This is wrong. The Distance Sales Act applies to all contracts not concluded in the broker’s business premises.

Prevention: Ask the broker: “Is this a distance sales contract?” If yes, you have a withdrawal right. If the broker disputes this, seek legal advice.

Checklist: Conclude a Distance Sales Broker Contract Safely

Demand written information before contract conclusion (services, costs, withdrawal right, broker contact details).
Confirm contract conclusion in writing (email or PDF) — note the date and time.
As a buyer, ask explicitly: “Do I pay a commission?” (Answer must be “No”).
Receive the model withdrawal form and a copy of all contract terms.
Document all conversations by email or note (date, time, contact person, content).
Calculate the 14-day withdrawal period and note the end date.
If you want to withdraw, do so in writing by registered mail or email with read receipt.
Check whether the broker is registered in a professional registry (e.g., broker registry of the Chamber of Commerce).
Clarify who bears the costs (seller or buyer) — in distance sales, the seller bears the brokerage fee.
Thoroughly read all contract terms before agreeing.

Frequently Asked Questions

Does the withdrawal right apply if the broker has visited me in person?

Not automatically. What matters is where the contract was concluded. If the broker visits you at home and you verbally agree to the contract there, it’s a distance sales contract — the withdrawal right applies. If the broker invites you to the office and you sign there, the withdrawal right can be lost, provided the contract conclusion itself occurred in the office.

Can the Broker Demand Commission If I Withdraw After 10 Days?

No. If you withdraw within the 14-day withdrawal period, the contract is void. The broker cannot demand any commission — not even for services already provided, such as viewings or brochures. The only exception is if you have explicitly consented in writing to the service being fully performed before the period expires.

Must the Broker Give Me a Withdrawal Form?

Yes. The Distance Sales Act requires the broker to provide you with a model withdrawal form. This form is not strictly necessary to withdraw — you can also withdraw by email or letter — but the broker must offer it to you.

What If the Broker Didn’t Inform Me Correctly?

The withdrawal period extends. If, for example, the broker didn’t tell you about the withdrawal right or didn’t provide written information, the period only starts running once correct information is provided — but no more than 12 months after the original contract date. This can be advantageous for you, as you have longer to withdraw.

Can I Withdraw If the Property Is Already Sold?

That’s complicated. If the purchase contract has already been notarized, withdrawing from the broker contract no longer makes sense — the property belongs to the buyer. However: if you withdraw before notarization, the broker contract is void, and the commission is not due. After notarization, you can formally withdraw from the broker contract, but the commission has already been earned.

Who Is My Contact If the Broker Doesn’t Cooperate?

First, the broker themselves — file a formal complaint. If that doesn’t help, you can contact the Chamber of Commerce or the Financial Market Authority (FMA). In difficult cases, legal advice is worthwhile. Many brokers are members of an ombudsman scheme that resolves disputes at no cost.

How Simon Immobilien Supports You

If you’re uncertain whether a broker contract is fair or whether your rights are protected, we’re happy to help. Simon Immobilien assists with evaluating contract terms, clarifying open questions, and supporting you in marketing or purchasing a property. For a non-binding consultation, contact us — we take time for your situation.

For more information on property purchase, sale, and legal matters, see our property guide. Also explore our current property listings or discover your region in our location guides.

Note: This article does not constitute legal advice. For specific legal questions, please consult a lawyer or notary.