US Real Estate Sales for German, Austrian, and Swiss Owners

International Business Law and Tax Law

US Real Estate Sales for German, Austrian, and Swiss Owners

Aerial view of a residential development in the USA as a symbol of real estate sales and investments for foreign owners

Image source: Unwind

The American real estate market is regulated at the state level: contracts, taxes, and property records (County Recorder) vary from Florida to California. Without local experts, DACH sellers risk expensive delays, unclear title rights, or inflated tax deductions.

  1. Title Defects - old Liens or missing certificates of inheritance are blocking the property transfer.
  2. Broker exclusivity – Listing agreements often lock you in for 6–12 months; hidden fees can cost up to 3 % extra.
  3. FIRPTA Withholding – By default, 15% of the gross purchase price is withheld from foreign sellers.
  4. Double taxation - US Capital Gains Tax corresponds to German/Austrian/Swiss income or real estate gains tax.

1. Title Cleanup & Closing Coordination

  • Title Search at County Recorder and US Title Company
  • Clearing old mortgages, HOA liens, probate registration
  • Creation of the HUD-1/Closing Statement and Remote Notarization

2. Broker Selection & Marketing

  • Network-vetted realtors in Florida, Texas, New York, California
  • Awarding a lean listing agreement with an exit clause
  • Multilingual exposé creation (German/English) for local and international portals

3. Contract Review & Price Negotiation

  • Review of Purchase Offers, Inspection Contingencies, Repair Credits
  • Renegotiation of Closing Costs and Escrow Deadlines
  • Digital signatures according to e-Notary standards

4. Taxes & FIRPTA Refund

  • Preliminary estimate of capital gains, including documented cost basis
  • Applying for FIRPTA Exemption (IRS Form 8288-B) – often reduces the 15% withholding to 0–3%
  • Generation of US declaration (Form 1040-NR or 1120-F) and domestic tax filings (Schedule SO, Austrian E1, Swiss ESTV)

5. Revenue Transfer & Currency Hedging

  • Escrow account in USD, exchange via multi-currency broker
  • Payout in EUR or CHF to your home account
  • Documented evidentiary sources for German § 261 AO bank audit

Your added value with a bilingual law firm team

  • An interface for legal, tax, and brokerage – no coordination gaps.
  • Communication in German, contracts in legally sound English.
  • US Attorney-at-Law + German Lawyer – Cross-Bar Liability.
Do I need to be present in person?

No, power of attorney + remote notary suffice.

How much does the service cost?

Transparent flat fee + success fee for price increase.

How long does the sale take?

60-90 days to closing, depending on the state.

Contact

Urban Thier & Federer Attorneys at Law – Germany/USA
Carl Christian Thier, Esq., Attorney at Law, New York – Germany
Honorary Consul Austria

Please briefly and confidentially describe your case. We will contact you promptly with a clear proposal for the next steps.

Contact Us Now

Note: This blog/article is for informational purposes only and does not constitute legal advice. The information presented in the blog/article does not replace the need to seek legal advice from a qualified attorney licensed in your jurisdiction regarding your specific case. You should not rely on any statements made in this article. No part of this website creates an attorney-client relationship. We cannot guarantee that the information published is accurate, complete, or up-to-date.