The House Loan Agreement is a crucial document used in Austrian residential property financing transactions, establishing the legal framework for mortgage-backed lending. It's primarily used when individuals seek financing to purchase residential property in Austria, requiring compliance with strict Austrian banking regulations and consumer protection laws. The agreement comprehensively covers loan terms, security arrangements, and borrower obligations, incorporating requirements from the Austrian Civil Code, Banking Act, and Consumer Credit Act. The document must adhere to EU-aligned Austrian consumer protection standards and includes mandatory disclosures about interest rates, fees, and borrower rights. This type of agreement requires careful consideration of property valuation, land registry requirements, and mortgage registration procedures specific to Austrian real estate law.
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1. Parties: Identification of the lender (bank/financial institution) and borrower(s), including full legal names, addresses, and registration details
2. Background: Context of the loan agreement, including purpose of the loan and brief description of the property being financed
3. Definitions: Definitions of key terms used throughout the agreement, including technical banking terms and property-related terminology
4. Loan Details: Principal amount, currency, purpose of the loan, and term of the loan
5. Interest Rate and Calculations: Interest rate (fixed or variable), calculation method, EURIBOR reference if applicable, and interest period definitions
6. Repayment Terms: Payment schedule, installment amounts, payment methods, and early repayment provisions
7. Security and Mortgage: Details of the mortgage registration, property charges, and additional security requirements
8. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed, including property valuation and insurance requirements
9. Borrower's Representations and Warranties: Statements of fact and assurances given by the borrower regarding their circumstances and the property
10. Borrower's Covenants: Ongoing obligations of the borrower during the loan term, including property maintenance and insurance obligations
11. Events of Default: Circumstances that constitute default and the lender's rights in such events
12. Costs and Fees: All charges, fees, and costs associated with the loan and their payment terms
13. Notices: How and where formal communications between parties should be made
14. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes
1. Co-borrower Provisions: Additional terms when there are multiple borrowers, defining joint and several liability
2. Construction Provisions: Specific terms for properties under construction, including staged disbursement conditions
3. Cross-collateralization: Terms for when multiple properties secure the loan or when the property secures multiple loans
4. Foreign Currency Provisions: Special terms for loans denominated in foreign currency, including exchange rate risks
5. Guarantor Provisions: Terms applicable when there are third-party guarantors for the loan
6. Interest Rate Hedging: Terms for any interest rate hedging arrangements or requirements
7. Property Rental Provisions: Additional terms if the property is or will be rented out
8. Life Insurance Requirements: Terms regarding mandatory life insurance policies and their assignment
1. Schedule 1 - Property Details: Detailed description of the property, including land register details and encumbrances
2. Schedule 2 - Repayment Schedule: Detailed amortization schedule showing principal and interest payments
3. Schedule 3 - Interest Rate Calculation: Detailed methodology for interest calculation, especially for variable rates
4. Schedule 4 - Fee Schedule: Comprehensive list of all fees and charges applicable to the loan
5. Schedule 5 - Insurance Requirements: Detailed specifications for required property and life insurance coverage
6. Appendix A - Property Valuation Report: Official property valuation report from approved evaluator
7. Appendix B - Required Documents List: Checklist of all documents required for loan disbursement
8. Appendix C - Standard Terms and Conditions: Bank's standard terms and conditions as required by Austrian banking regulations
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