The Deed of Sale Form is a crucial legal instrument in Austrian property transactions, used to document and execute the transfer of real estate ownership. This document is essential when any type of property, whether residential, commercial, or land, is being sold in Austria. The deed must comply with strict requirements under the Austrian Civil Code (ABGB) and Land Register Act, including mandatory notarization. It contains detailed information about the property, parties involved, purchase price, payment terms, and specific conditions of sale. The document serves as the foundation for property registration in the land register (Grundbuch) and is required by Austrian authorities to legally complete the property transfer process.
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1. Parties: Detailed identification of the seller(s) and buyer(s) including full legal names, addresses, and registration numbers for legal entities
2. Property Description: Precise legal description of the property including land register details, cadastral number, property address, and size
3. Sale Price and Payment Terms: Specified purchase price, payment method, and schedule of payments
4. Transfer of Ownership: Terms and conditions for the transfer of title, including registration in the land register
5. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
6. Handover Conditions: Terms for physical possession transfer and utilities handover
7. Costs and Taxes: Allocation of transfer taxes, registration fees, and other transaction costs
8. Execution Requirements: Notarization requirements and signing provisions
1. Mortgage Release: Required when the property has existing mortgages that need to be cleared
2. Tenant Provisions: Needed when the property is subject to existing tenancy agreements
3. Construction Obligations: Required when the property includes incomplete construction or renovation obligations
4. Environmental Provisions: Necessary when there are environmental issues or contamination concerns
5. Right of First Refusal: Optional clause giving specified parties priority rights for future sale
6. Easements and Rights: Required when specific easements or rights need to be preserved or created
1. Property Plan: Cadastral maps and property plans from the land register
2. Land Register Extract: Current extract showing ownership and encumbrances
3. Property Photographs: Current photographs documenting the property condition
4. Inventory List: List of fixtures and fittings included in the sale
5. Energy Certificate: Mandatory energy performance certificate for buildings
6. Building Permits: Copies of relevant building permits and certificates
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