The Real Estate Contract Online is specifically designed for property transactions in Austria that will be executed through electronic means. This document type has become increasingly important as real estate transactions adapt to digital processes while maintaining compliance with Austria's strict legal requirements. It is used when parties wish to conduct property sales efficiently through online channels while ensuring all mandatory elements of Austrian property law are met, including notarization requirements and land registry regulations. The contract incorporates provisions from the Austrian Civil Code (ABGB), Land Register Act, Signature Act, and E-Commerce Act, making it suitable for modern real estate transactions while maintaining legal validity. It is particularly relevant in situations where parties are in different locations or prefer digital transaction methods, but need to ensure their agreement meets all formal requirements for property transfers in Austria.
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1. Parties: Detailed identification of the seller and buyer, including full legal names, addresses, and registration numbers for legal entities
2. Background: Context of the transaction and confirmation that the seller is the rightful owner of the property
3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Completion Date, and Electronic Execution terms
4. Property Description: Detailed description of the real estate including land register details (Grundbuch), property address, cadastral number, and any included fixtures and fittings
5. Purchase Price: The agreed purchase price, payment terms, and payment mechanism
6. Payment Terms: Schedule of payments, including deposit and final payment arrangements, and escrow details if applicable
7. Completion Process: Steps for completion, including registration in the land register and transfer of possession
8. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and condition of the property
9. Due Diligence: Buyer's right to inspect the property and review relevant documents
10. Taxes and Costs: Allocation of transfer taxes, registration fees, and other transaction costs
11. Electronic Execution: Provisions for valid electronic signature and online execution process
12. Governing Law: Confirmation of Austrian law governance and jurisdiction
13. Notarization: Requirements and process for notarial authentication
1. Mortgage Release: Required if the property has existing mortgages that need to be discharged
2. Tenant Provisions: Required if the property is currently leased to tenants
3. Property Management: Required for properties in multi-unit buildings with shared facilities
4. Environmental Provisions: Required if there are known environmental issues or contamination
5. Development Rights: Required if there are pending or potential development permissions
6. Agricultural Land Provisions: Required if the property includes agricultural land subject to special regulations
7. Monument Protection: Required if the property is subject to historic preservation requirements
8. Foreign Investment: Required if the buyer is a non-EU resident or entity
1. Property Plan: Official cadastral plan and property boundaries
2. Land Register Extract: Current extract from the land register (Grundbuchsauszug)
3. Property Photographs: Current photographs documenting the property's condition
4. Inventory List: List of included fixtures, fittings, and furniture if applicable
5. Energy Performance Certificate: Mandatory energy efficiency certification (Energieausweis)
6. Building Permits: Copies of relevant building permits and certificates
7. Property Tax Records: Recent property tax assessments and payment records
8. Utility Contracts: List of existing utility contracts and connections
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