This year, there has been repeated talk of the fact that tenants will no longer have to pay commission if they rent a flat through a real estate agent in future due to the so-called "Bestellerprinzip".
Purchaser principle: What is the legal situation?
There was always talk of this law (buyer principle) coming into force in January 2023, but then the topic fell asleep again for a long time.
The Chamber of Commerce, which keeps us constantly informed about the legal situation, says the following (the text was partly taken from the WKNÖ mail):
Just before Christmas, the German government agreed on the content of the buyer principle, presumably to give tenants an early Christmas present.
Only time will tell whether this is really a "gift". According to the latest information, this law is to be passed by the National Council at the end of January 2023 and enter into force on 1 July 2023.
Regrettably, the professional input of the property guild was not listened to, but was only endeavoured to announce this in the media, with the result that prospective tenants were happy to report that no commission would now have to be paid on lettings.
What will this look like in practice? The tenants will probably be the ones to suffer. Who will write the contracts? Who will bear the costs?
Many landlords don't know enough about the law or don't know it at all and don't want to let themselves, but under the new legislation they are forced to pay commission to the agent, which was often not the case until now.
It is sad and a pity that once again decisions are being made over the heads of estate agents and the property guild without at least listening to their side of the story.
We will definitely refrain from renting properties as soon as the law comes into force!
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