The Letter Of Intent (Real Estate) is a crucial preliminary document used in Austrian real estate transactions to establish the initial framework for property acquisitions or sales. It serves as a roadmap for the transaction, outlining key commercial terms, conditions, and the proposed timeline while maintaining a primarily non-binding nature. This document is particularly important in the Austrian legal context, where pre-contractual obligations and the principle of culpa in contrahendo create specific legal responsibilities during negotiations. The LOI typically precedes the more detailed due diligence process and the eventual binding purchase agreement, helping parties align their expectations and identify potential deal-breakers early in the process. It's especially valuable in complex commercial real estate transactions where multiple stakeholders are involved and significant due diligence is required.
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1. Parties: Full legal names and addresses of all parties involved in the potential transaction
2. Property Details: Specific description and location of the real estate property, including land register details
3. Purpose and Non-Binding Nature: Clear statement that this is a non-binding expression of intent (except for specified provisions)
4. Key Commercial Terms: Proposed purchase price, payment structure, and key transaction conditions
5. Timeline: Proposed schedule for due diligence, negotiations, and target closing date
6. Due Diligence: Overview of the due diligence process and required documentation
7. Closing Conditions: Major conditions that need to be satisfied before proceeding with the transaction
1. Exclusivity: Terms of exclusive negotiations, used when parties want to ensure no parallel negotiations with other parties
2. Confidentiality: Confidentiality obligations regarding the negotiations and shared information, if not covered by a separate NDA
3. Costs: Agreement on who bears the costs of negotiations and due diligence
4. Break Fee: Terms of any break fee payable if either party withdraws, if applicable
5. Governing Law and Jurisdiction: Specific provisions about applicable law and courts, particularly important in cross-border transactions
1. Property Description Schedule: Detailed description of the property including cadastral numbers, land register details, and exact boundaries
2. Initial Price Calculation: Breakdown of the proposed purchase price and any adjustments
3. Due Diligence Checklist: List of required documents and information for the due diligence process
4. Timeline Schedule: Detailed timeline with specific milestones and deadlines
5. Required Approvals: List of necessary governmental or regulatory approvals needed for the transaction
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