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Preliminary Sale Agreement Template for Austria

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Key Requirements PROMPT example:

Preliminary Sale Agreement

"I need a Preliminary Sale Agreement for the purchase of a manufacturing facility in Vienna, with completion planned for March 2025, including provisions for due diligence and regulatory approvals for industrial property transfer."

Document background
The Preliminary Sale Agreement (Vorvertrag) is a crucial document in Austrian business and legal practice, commonly used when parties intend to enter into a sale transaction but need to establish certain conditions or complete specific steps before concluding the final contract. This document type is particularly relevant in complex transactions such as real estate purchases, business acquisitions, or high-value asset sales where due diligence, financing arrangements, or regulatory approvals may be required. Under Austrian law, specifically 搂 936 ABGB, the agreement must contain all essential elements of the future main contract while providing a clear framework for the pre-completion phase. It offers legal security to both parties by creating binding obligations while maintaining flexibility for addressing preliminary requirements. The document is widely used across various sectors and can be adapted to both business-to-business and business-to-consumer contexts, incorporating relevant consumer protection provisions where necessary.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background: Context of the transaction and parties' intention to enter into a preliminary agreement for a future sale

3. Definitions: Key terms used throughout the agreement, including defined terms for the Main Contract, Subject Matter, and Completion Date

4. Subject Matter of Future Sale: Detailed description of what is to be sold under the future main contract

5. Essential Terms of Future Sale: Core terms that will be included in the main contract, including purchase price, payment terms, and delivery conditions

6. Timeline: Deadlines for entering into the main contract and any intermediate milestones

7. Conditions Precedent: Conditions that must be fulfilled before the obligation to enter into the main contract becomes binding

8. Obligations of the Parties: Specific duties of each party during the preliminary agreement period

9. Binding Effect: Clause specifying which provisions are immediately binding and which are preliminary

10. Termination: Circumstances under which the preliminary agreement can be terminated

11. Governing Law and Jurisdiction: Confirmation of Austrian law as governing law and jurisdiction for disputes

Optional Sections

1. Due Diligence: Include when the buyer needs to conduct investigations before the main contract - typically for business or property sales

2. Exclusivity: Include when the seller should be prohibited from negotiating with other potential buyers

3. Confidentiality: Include when sensitive business or personal information will be exchanged during the preliminary period

4. Break Fee: Include when parties want to specify damages for failing to enter into the main contract

5. Regulatory Approvals: Include when the transaction requires government or regulatory approvals

6. Financing Conditions: Include when the buyer's obligation is contingent on obtaining financing

7. Consumer Protection Provisions: Include when one party is a consumer, incorporating relevant KSchG provisions

Suggested Schedules

1. Description Schedule: Detailed description of the sale object (especially important for real estate or complex assets)

2. Price Calculation Schedule: Details of how the final purchase price will be calculated, including any adjustments

3. Due Diligence Requirements: List of documents and information to be provided during the due diligence phase

4. Timeline Schedule: Detailed timeline of all key dates and deadlines

5. Form of Main Contract: Draft or key terms of the main sale agreement to be entered into

6. Required Approvals: List of necessary regulatory or third-party approvals

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

Manufacturing

Retail

Technology

Professional Services

Construction

Agriculture

Energy

Automotive

Healthcare

Hospitality

Industrial Equipment

Consumer Goods

Relevant Teams

Legal

Sales

Procurement

Business Development

Real Estate

Compliance

Corporate Development

Finance

Operations

Commercial

Risk Management

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Procurement Manager

Real Estate Agent

Property Developer

Investment Manager

Corporate Lawyer

Compliance Officer

Business Owner

CEO

CFO

Commercial Director

Operations Manager

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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