The parents want to support the flat purchase. At the same time the money is to be repaid in certain situations. For the financing it is therefore not only the transferred sum that matters, but also on what basis it is available and what later obligations may be attached to it.
Use the actual agreement instead of the family word
Our editorial recommendation: First write down what is to be agreed. Has the money been transferred definitively, is it intended as a loan, or is it tied to specific conditions for repayment? The heading gift does not answer every question about the content. § 938 ABGB describes gratuitous transfer as the starting point of a gift. [SCHENKUNG] Whether a concrete arrangement is effective and what form it requires is determined individually.
Have unclear triggers for repayment explained by a professional before the purchase. It is particularly important whether the timing and amount of a possible payment are foreseeable. A verbal family consensus may be remembered differently later. This article does not provide a model clause and does not assess any tax or inheritance law consequences.
Explain the economic connection to the bank
§ 9 HIKrG requires sufficient information on income, expenses and other financial circumstances in the creditworthiness assessment. [KREDIT] Therefore provide the financing party with the actually relevant agreement, instead of only describing the account credit without its conditions.
Ask specifically what proof the institution requires for the intended own funds and how it takes possible repayments into account. Proof of the origin of the money does not automatically answer whether you can use it permanently without additional burden. No specific recognition as own funds or a loan commitment can be derived from this article.
Take the family payment into account in your own budget
Set confirmed availability, outstanding conditions and possible future payments side by side. If a repayment could occur at short notice, your planning should not act as if the entire amount is available without any restriction. Whether and how a risk can be secured requires an appropriate individual arrangement.
Also distinguish a transfer that has already taken place from a mere promise. Do not plan a bindingly required payment date on the basis of a still non-binding message. Changes to the family agreement must be coordinated again with the relevant parties before finalising the financing.
Example: Repayment on later sale
A couple receives support in the fictional case which is to be partly repaid on a later sale. The parties record content and extent appropriately with professional input. This condition is not concealed from the bank. In their own planning a later sale proceeds therefore does not already appear fully as freely available money.
Use the same basis before committing
Family agreement, financing assessment and purchase preparation should refer to the same confirmed status. If the extent of the support changes, reassess the financing need. A reservation disclosed in good time is more helpful than a later explanation why purportedly free own funds are suddenly being reclaimed.