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Owner Finance Contract Template for Austria

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Key Requirements PROMPT example:

Owner Finance Contract

"I need an Owner Finance Contract for the sale of my residential property in Vienna, with a 30% down payment and the remaining amount financed over 15 years, closing planned for March 2025."

Document background
The Owner Finance Contract is utilized in Austrian real estate transactions where traditional bank financing is either not preferred or not available. This document type combines elements of both a property sale agreement and a financing agreement, structured in compliance with Austrian civil law, particularly the ABGB (Austrian Civil Code) and property legislation. It is commonly used in situations where sellers wish to generate ongoing income from their property sale, or where buyers may face challenges obtaining traditional mortgage financing. The document includes crucial elements such as property details, purchase price, financing terms, security arrangements, and specific requirements for Austrian property transfers, including notarization and land registry registration. The Owner Finance Contract must incorporate consumer protection provisions when applicable and adhere to Austrian banking and financial services regulations.
Suggested Sections

1. Parties: Identification of the Seller-Financier and Buyer-Borrower with full legal names and addresses

2. Background: Context of the transaction, including property sale and financing arrangement

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed legal description of the property being sold and financed

5. Purchase Price and Financing Terms: Total purchase price, down payment, and financing amount

6. Payment Terms: Payment schedule, interest rate, amortization period, and payment methods

7. Security Interest: Details of the mortgage or lien on the property

8. Insurance and Maintenance: Requirements for property insurance and maintenance obligations

9. Default and Remedies: Consequences of default and available remedies

10. Transfer of Title: Conditions and process for eventual transfer of property title

11. Representations and Warranties: Statements of fact by both parties regarding their capacity and the property

12. Governing Law: Specification of Austrian law as governing law

13. Signatures: Execution block for all parties and notary requirements

Optional Sections

1. Early Repayment Provisions: Terms for early loan repayment, including any penalties or incentives

2. Property Management: Additional terms if property requires specific management arrangements

3. Third-Party Rights: Provisions regarding existing tenants or other third-party rights

4. Tax Provisions: Specific arrangements regarding property taxes and other applicable taxes

5. Assignment and Transfer: Terms governing the ability to assign or transfer rights under the contract

6. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

7. Dispute Resolution: Alternative dispute resolution mechanisms if preferred over court proceedings

Suggested Schedules

1. Property Details Schedule: Detailed property specifications, including boundaries, fixtures, and fittings

2. Payment Schedule: Detailed amortization table showing payment breakdown

3. Insurance Requirements: Specific insurance coverage requirements and minimum amounts

4. Property Condition Report: Current condition of the property at time of sale

5. Land Register Extract: Current extract from the land register (Grundbuchauszug)

6. Due Diligence Documents: Results of property searches and investigations

7. Property Tax Certificates: Current property tax assessments and payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Financial Services

Legal Services

Property Development

Construction

Insurance

Property Investment

Private Banking

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Investment

Property Management

Business Development

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Financial Advisor

Legal Counsel

Property Developer

Investment Manager

Notary Public

Contract Manager

Real Estate Investment Consultant

Property Portfolio Manager

Risk Manager

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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