The Real Estate Contract For Sale By Owner (FSBO) is a crucial legal document used in Austria when property owners choose to sell their real estate directly to buyers without engaging a real estate agent. This approach requires careful attention to Austrian legal requirements and proper documentation. The contract must comply with the Austrian Civil Code (ABGB), the Land Register Act (GBG), and other relevant property laws. It's particularly important for private property transactions where parties wish to maintain direct control over the sale process while ensuring legal compliance. The document includes mandatory elements such as precise property identification, purchase price, payment terms, transfer conditions, and necessary declarations for land registry registration. It's designed to protect both parties' interests while facilitating a smooth property transfer process under Austrian jurisdiction.
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1. Parties: Full legal identification of the seller and buyer, including names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land register details (Grundbuch), property address, and cadastral number
5. Purchase Price: Specified purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership, including registration in the land register
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Handover and Possession: Terms and timing for physical handover of the property
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
10. Due Diligence: Buyer's inspection rights and seller's disclosure obligations
11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
12. Execution: Signature requirements and notarization provisions
1. Existing Tenancies: Details of any existing rental agreements affecting the property - include when property is currently leased
2. Mortgage and Financing: Provisions regarding existing mortgages or buyer's financing conditions - include when relevant to the transaction
3. Special Conditions: Any special agreements or conditions specific to the transaction - include when there are unique circumstances
4. Environmental Matters: Environmental warranties and indemnities - include for commercial properties or when environmental concerns exist
5. Development Rights: Details of any development potential or restrictions - include when relevant to property's future use
6. Fixtures and Fittings: Detailed list of items included/excluded from sale - include when there's uncertainty about what's included
7. Post-Completion Obligations: Any obligations continuing after completion - include when relevant
1. Property Plan: Official cadastral plan and property boundaries
2. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances
3. Property Photographs: Current photographs documenting the property's condition
4. Inventory List: Detailed list of fixtures, fittings, and items included in the sale
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
7. Property Tax Records: Recent property tax assessments and payment records
8. Utility Information: Details of utility connections and recent utility bills
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