The buyer made the offer subject to financing – what does that mean for me as the seller?
Your co-pilot in real estate law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Real estate law & purchase contracts
You keep the controls and make the decisions. We sit next to you in the cockpit, know the route and the instruments – and when it gets turbulent, we take over.
Almost every purchase offer today contains a financing condition: the purchase only stands if the buyer gets the loan. For the seller this means one thing above all – uncertainty for a while.
How the condition works
The financing condition is a condition precedent. Until the deadline expires you are bound as the seller and cannot sell to another interested party. If the condition fails because the buyer does not get a loan despite serious efforts, the contract lapses – and you cannot claim compensation.
What you should insist on
- Short, fixed deadline – two to four weeks from acceptance is common.
- Clear definition: loan amount, maximum reasonable terms.
- Evidence obligation: if financing fails, the buyer must present written rejections from, for example, two banks.
- Automatic end: if the buyer says nothing by the deadline, the condition is deemed fulfilled – or the contract dissolved; this must be clearly regulated.
- Proof of creditworthiness or a financing commitment before the offer is accepted.
What about the agent’s commission?
If the purchase depends on a condition, the agent’s commission only becomes due once the condition is met. If financing fails, as a rule no commission is payable.
Preventing abuse
A financing condition must not serve as a free right of withdrawal. If the buyer does not make serious efforts to obtain financing or prevents it themselves, they cannot rely on the condition. That is exactly why evidence obligations matter so much.
Frequently asked questions
How long may a financing condition last?
There is no statutory limit. For sellers, two to four weeks from acceptance is a good benchmark.
Can I sell to someone else in the meantime?
No. Until the deadline expires, you are bound by the accepted offer. At most, a back-up offer is possible in case the financing fails.
Can I insist on a purchase without a financing condition?
Yes, that is a matter of negotiation. A financing commitment obtained by the buyer in advance is a good compromise.
Mag. Nevena Shotekova-Zöchling, attorney and insolvency administrator in Vienna. As of October 2026. General information – not legal advice for your individual case.
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