OGH 1 Ob 69/26t | 27.08.2026
Under an exclusive brokerage agreement, the seller of a property agrees not to appoint another broker. The agreement may provide that anyone who terminates it early without good cause must pay the full commission under Sections 15 paras 1 and 2 of the Austrian Real Estate Agents Act. As a rule, consumers may withdraw within 14 days if they sign the agreement outside the broker’s business premises under Section 11 para 1 of the Austrian Long-Distance and Foreign Business Act.
In the specific case, a retired farmer signed an exclusive brokerage agreement for his farmland on his property. Twelve days later, he cancelled the agreement verbally. He intended to transfer the farmland to his daughter instead. The broker subsequently claimed the agreed commission of EUR 55,050.84. The Austrian Supreme Court ruled that a purely private change of mind does not constitute good cause. However, the cancellation qualified as a timely withdrawal by a consumer. No reason was required for this withdrawal. The broker’s claim for the commission was therefore unsuccessful.
Nevertheless, an exclusive brokerage agreement should only be signed by anyone who is certain they want to sell. A change of mind can be costly – potentially up to the full commission.