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KI-Symbolbild: Terrasse eines Hauses mit gestapelten Gartenstühlen und Fensterläden an einem bedeckten Nachmittag.
Practical article Selling Austria

The purchase price does not arrive as planned: professionally organising performance, grace period and withdrawal

How should I, as an Austrian seller, deal with a missing purchase price payment before I start a second sale.

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Owners & landlords
Article ID
WX26-P05-0044

The Austrian property sale has been agreed, but the expected purchase price payment does not arrive. You want to offer the house again. Before that, it must be clarified which contract currently exists, what is actually due and which legal route is open. A missing credit to your account is not ended merely by your wish.

Distinguish payment status from expectation of disbursement

Our editorial recommendation: place the contract, agreed prerequisites, payment notifications and actual receipts side by side. An expected inflow into your own account may need to be distinguished from another processing step. Have the responsible contracting or escrow office confirm the concrete status.

The article does not determine an individual due date. A missing prerequisite, a disputed performance and a late payment are not labelled the same. A transfer order is also not automatically treated as an actual payment.

Consciously clarify the desired legal route

§ 918 Paragraph 1 ABGB describes, in the case of improper performance of a remunerative contract, as a rule the routes of performance and damages for delay or withdrawal after setting a reasonable period for remedy. Paragraph 2 deals with divisible performances. [ABGB-918]

Whether this starting point applies in the specific case, which particularities apply and which declaration is appropriate is examined by your legal advice. This article does not state a universally sufficient grace period nor a ready-made withdrawal formulation. Other contractual or statutory prerequisites are not categorically excluded either.

An invented immediate second interested party

A seller waits for money and simultaneously receives new purchase interest. He wants to give the second interested party an immediate binding commitment because he considers the first transaction to be completed.

Instead, he provides the complete contract and payment history for consultation. It is clarified there which route he can take in the first transaction and what status an effective termination or continuation actually has. A new commitment is not used as a means to make an unresolved old obligation practically disappear.

Do not casually change declarations and deadlines

Record received and given declarations in their actual wording with the time. An extended payment agreement or other amendment also belongs in the review. your own later summary does not replace the actual content.

Coordinate further communication with the adviser. Different parties should not simultaneously present performance, immediate termination and a new procedure as already decided. The article does not decide whether a single statement in the specific case was already an effective declaration.

Plan further only with clarified status

After the review, record which route will be followed, which prerequisite is open and which next step has been confirmed. Possible costs or compensation claims remain separate issues to be examined.

This gives a later restart a reliable basis. It begins with the actually clarified contractual status and not merely with the disappointment about a missing amount.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.