The Estate Contract (Kaufvertrag) is a fundamental legal document used in Austrian real estate transactions for transferring property ownership. It is essential for any real estate purchase in Austria, whether residential, commercial, or industrial. The document must comply with strict Austrian legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). This contract type is used when there is a definitive agreement to transfer real estate ownership, detailing all aspects of the transaction including property description, purchase price, payment terms, warranties, and transfer conditions. It serves as the basis for the official property transfer process and is required by land registry officials, banks, and tax authorities. The document's format and content are heavily influenced by Austrian civil law requirements and established legal practice.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and birth dates/registration numbers
2. Background: Context of the sale and brief description of the property transaction
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the real estate, including land registry details (Grundbuch), property address, and cadastral number
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of title, including registration in the land registry
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Handover: Conditions and timing for physical handover of the property
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
10. Notices: Communication procedures between parties
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Execution: Signature requirements and notarization provisions
1. Mortgage and Encumbrances: Details of existing mortgages and process for discharge - include when property has existing charges
2. Tenant Provisions: Details of existing tenancies and their treatment - include when property is let
3. Condition Precedents: Specific conditions that must be met before completion - include when there are financing or regulatory requirements
4. Environmental Provisions: Environmental warranties and indemnities - include for industrial or potentially contaminated properties
5. Construction Provisions: Details of ongoing or planned construction - include for properties under development
6. Easements and Rights: Details of existing easements or rights affecting the property - include when relevant
7. Furniture and Fixtures: List of included/excluded movable items - include when selling furnished property
1. Property Plans: Official cadastral plans and property drawings
2. Land Registry Extract: Current land registry extract (Grundbuchauszug)
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: Detailed list of included furniture and fixtures (if applicable)
5. Building Permits: Copies of relevant building permits and certificates
6. Property Documentation: Technical documentation, floor plans, and building specifications
7. Due Diligence Reports: Technical and legal due diligence reports
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Finance
Legal Services
Construction
Property Development
Hospitality
Retail
Industrial
Agriculture
Commercial Property
Residential Property
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities
Operations
Investment
Asset Management
Risk Management
Finance
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary
Bank Manager
Property Developer
Investment Manager
Facilities Manager
Corporate Counsel
Real Estate Investment Director
Asset Manager
Property Acquisition Manager
Real Estate Portfolio Manager
Chief Legal Officer
Real Estate Operations Director
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