The Home Selling Contract (Kaufvertrag) is a fundamental legal document used in Austrian real estate transactions for transferring residential property ownership from seller to buyer. It must comply with strict Austrian legal requirements, including mandatory notarization and registration in the land register (Grundbuch). This document is essential when any residential property is being sold in Austria, whether it's a house, apartment, or condominium. The contract incorporates specific provisions required by Austrian law, including detailed property identification, precise payment terms, and the mandatory Aufsandungserkl盲rung. It also addresses tax obligations, property transfer procedures, and warranty provisions. The document is structured to protect both parties' interests while ensuring compliance with Austrian property law, consumer protection regulations, and real estate transfer requirements.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and identification numbers
2. Background: Context of the sale and brief property history
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the property including land register 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 property ownership
7. Handover Conditions: Specifics about the property handover, including timing and condition requirements
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Costs and Taxes: Distribution of transaction costs, transfer taxes, and registration fees
10. Registration Authorization: Authorization for land register registration (Aufsandungserkl盲rung)
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Execution: Signature requirements and notarization provisions
1. Mortgage Release: Include when existing mortgages need to be cleared before transfer
2. Fixture and Fittings: Include when specific items are included/excluded from the sale
3. Condition Precedents: Include when the sale depends on specific conditions being met
4. Real Estate Agent: Include when a broker is involved, specifying commission arrangements
5. Energy Certificate: Include when detailing energy efficiency status
6. Maintenance Charges: Include for apartments with common area maintenance fees
7. Defects Disclosure: Include when there are known defects to be explicitly disclosed
8. Third Party Rights: Include when addressing existing tenancies or other third-party rights
1. Land Register Extract: Current extract from the land register (Grundbuchauszug)
2. Property Plans: Floor plans, site plans, and cadastral maps
3. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
4. Energy Performance Certificate: Mandatory energy efficiency documentation
5. Property Photographs: Documentary photographs of property condition at time of contract
6. Building Permits: Copies of relevant building permits and certificates
7. Property Tax Records: Recent property tax assessments and payment records
8. Maintenance Records: Documentation of recent maintenance and repairs
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