Is the Brokerage Commission Waived When the Broker Holds an Ownership Interest?

A broker’s ownership interest in the seller company does not automatically result in the commission being waived in every case. The decisive question is whether the transaction constitutes a self-dealing transaction, a transaction economically equivalent to self-dealing, or another relevant close relationship. These cases have different consequences: no commission is payable for a self-dealing transaction. In the case of another close family or economic relationship, timely disclosure may be a prerequisite for entitlement to commission.

For prospective buyers, the percentage of ownership is therefore not the only important factor. The degree of influence, economic interests, the roles of the persons involved, and the information provided are equally relevant. Last updated: September 2026.

Three Cases with Different Consequences

1. The Broker Is a Party to the Contract

If the transaction is concluded between the client and the broker personally, it constitutes a self-dealing transaction. Under Section 6(4) MaklerG, no commission is payable in such a case. A broker who sells their own property directly to their client is not brokering a transaction with a third party in this respect.

Important: Disclosing the broker’s own role as the seller does not subsequently create an entitlement to brokerage commission for this self-dealing transaction. Source: Section 6(4) MaklerG

2. The Transaction Is Economically Equivalent to Self-Dealing

Legally separate companies may also be so closely connected economically that the transaction is equivalent to one concluded by the broker personally. In that case, the statutory exclusion also applies. The assessment may include the corporate links between the entities and the resulting influence over the other contracting party.

The courts assess the specific economic circumstances. An isolated percentage therefore does not provide a reliable answer in every case. A minority interest neither invariably excludes a commission nor invariably results in an unproblematic entitlement. Source: Austrian Supreme Court case law on transactions economically equivalent to self-dealing

3. Another Close Relationship Exists

Below the threshold of self-dealing, there may be a family or economic relationship that could impair the broker’s ability to protect the client’s interests. Under Section 6(4) MaklerG, the broker is only entitled to commission in such a case if the close relationship is disclosed without delay.

A disclosed relationship must therefore be treated differently from a self-dealing transaction that excludes commission. Even where sufficient disclosure has been made, all other requirements for entitlement to commission must still be satisfied. Disclosure does not automatically mean that every invoice issued is correct.

Why Ownership Percentages Alone Are Insufficient

A search of the Austrian Commercial Register can provide important indications. However, it does not replace an assessment of the transaction as a whole. The following questions should be clarified:

• Which company is selling or renting out the property?
• Who is the contracting party to the brokerage engagement?
• What direct or indirect ownership interests exist?
• Who manages the companies, and what influence do these persons exercise?
• What economic interests connect the broker with the other contracting party?
• What information was provided to the client, and when?

The direction of an ownership interest and the links between multiple companies may also be relevant. Austrian Supreme Court decision 3 Ob 212/19a illustrates that corporate influence must be assessed on the basis of the specific circumstances. It does not establish a general exemption threshold for ownership interests. Source: Austrian Supreme Court, 3 Ob 212/19a

What Information Do Consumers Require?

For consumers, Section 30b of the Austrian Consumer Protection Act supplements the obligations of real estate brokers. Before the brokerage agreement is concluded, the consumer must be provided with a written overview of the anticipated costs, including a separately stated brokerage commission. Any close relationship relevant under Section 6(4) MaklerG must also be taken into account in this overview. Source: Section 30b KSchG

In practical terms, prospective clients should request a clear written explanation of the relationship. A name, a logo, or the fact that two companies use the same address does not automatically explain their economic relationship. Whether the information provided is sufficient in a particular case should be assessed on the basis of its content and timing.

Keep the cost overview together with the brokerage engagement, property particulars, and correspondence. This makes it possible to determine what was known before a binding declaration was made.

Acting as a Dual Broker Does Not Automatically Constitute Self-Dealing

A broker acting for both contracting parties must be distinguished from a self-dealing transaction. The mere fact that the same broker represents both the buyer and the seller does not mean that the broker has economically assumed the role of the seller. Conversely, describing the broker as a “dual broker” does not eliminate an ownership interest or economic link that actually exists.

You should therefore examine two separate questions: For whom is the broker acting, and what personal or associated economic interests exist in the transaction? The answers should be clear from the documents and any supplementary information provided.

How to Review a Specific Claim for Commission

Before Engaging the Broker

Request the brokerage engagement, cost overview, and any disclosures concerning ownership interests or family relationships. Ask specific questions if the seller, property developer, and broker appear to be connected. Record the answers in writing so that their content and timing can be verified later.

Before Purchasing or Renting the Property

Compare the names of the contracting parties with the documents you have received. If the seller company has changed or another company has become involved, an additional review may be necessary. Assess the commission issue together with the actual course of the transaction.

If an Invoice Has Already Been Issued

Collect the agreement, invoice, property particulars, disclosures concerning the relationship, and relevant correspondence. Record what information you received and when. If you have reasonable doubts, have the entitlement reviewed by a legal professional before deciding whether to pay or seek reimbursement based solely on a presumed ownership percentage.

This article does not determine whether a particular invoice is payable. The specific documents and circumstances must be assessed for that purpose.

Frequently Asked Questions About Brokers’ Ownership Interests

Can Disclosure Make a Self-Dealing Transaction Subject to Commission?

No. The statutory exclusion applicable to self-dealing transactions and transactions economically equivalent to self-dealing must be distinguished from the disclosure requirement applicable to other close relationships. In the former case, disclosure does not create an entitlement to commission.

Is a Small Ownership Interest Always Unproblematic?

No. The percentage alone is not decisive. Other relationships, opportunities to exercise influence, and the specific economic circumstances are also relevant. Conversely, not every ownership interest necessarily results in the complete exclusion of commission.

Do I Have to Investigate Every Relationship Myself?

Making your own enquiries can be helpful, but it does not replace the broker’s statutory disclosure obligations. For any subsequent review, you should record what information you actually received and when.

Does a Family Relationship Automatically Constitute Self-Dealing?

No. A family relationship may constitute a relevant close relationship, but it is not automatically equivalent to self-dealing. Its significance and consequences must also be assessed on the basis of the specific circumstances.

Clarify the Documents at an Early Stage

Are you planning to buy or sell a property and want to understand the roles of the parties involved? Discuss with Simon Immobilien which documents and cost information are required for your transaction. A separate legal review is advisable in the case of disputed commission claims or complex corporate structures.

This information provides general guidance on Austrian brokerage law. It is not a substitute for advice concerning an individual transaction.