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Real Estate Sales Agreement Template for Austria

An Austrian Real Estate Sales Agreement (Kaufvertrag) is a legally binding document governed by Austrian civil law that formalizes the transfer of real property ownership from seller to buyer. The agreement must comply with the Austrian Civil Code (ABGB) and related property legislation, including the Land Register Act. It contains detailed provisions regarding the property description, purchase price, payment terms, warranties, and transfer conditions. The document requires notarization and registration in the Austrian land register (Grundbuch) to effect the transfer of ownership.

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What is a Real Estate Sales Agreement?

The Real Estate Sales Agreement is a fundamental document used in Austrian property transactions to facilitate the legal transfer of real estate ownership. It serves as the primary contract between sellers and buyers, whether they are private individuals or commercial entities. This document must be drafted in compliance with Austrian law, particularly the ABGB (Austrian Civil Code) and the Land Register Act, and requires notarization for validity. The agreement typically includes comprehensive details about the property, precise payment terms, conditions for ownership transfer, and relevant warranties. It's essential for both residential and commercial property transactions and forms the basis for land register registration, which is mandatory in Austria for property ownership transfer.

What sections should be included in a Real Estate Sales Agreement?

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

2. Background: Context of the sale and brief description of the property transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land register details, property address, cadastral number, and exact measurements

5. Purchase Price: Specified purchase price, payment terms, and payment schedule

6. Payment Terms: Detailed arrangements for payment including escrow requirements and release conditions

7. Transfer of Ownership: Conditions and process for transferring property ownership, including land register registration requirements

8. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status

9. Handover: Terms and conditions for physical handover of the property

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees

11. Governing Law: Specification of Austrian law as governing law and jurisdiction

12. Execution: Signature requirements and formal execution provisions

What sections are optional to include in a Real Estate Sales Agreement?

1. Mortgage Arrangements: Required when existing mortgages need to be cleared or new mortgages are being registered

2. Condition Precedents: Used when the sale is subject to specific conditions being met before completion

3. Property Management: Needed when dealing with rental situations or ongoing management contracts

4. Environmental Provisions: Required when there are environmental issues or certifications to address

5. Development Rights: Included when there are building permits or development potential to be addressed

6. Easements and Rights of Way: Required when specific easements or rights need to be addressed or created

7. Fixtures and Fittings: Used when specific items are included or excluded from the sale

8. Defects and Remediation: Required when known defects exist and need to be addressed

What schedules should be included in a Real Estate Sales Agreement?

1. Property Plans: Official cadastral plans and property drawings

2. Land Register Extract: Current land register extract (Grundbuchauszug) showing ownership and encumbrances

3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

4. Inventory List: List of included fixtures, fittings, and furniture if applicable

5. Building Permits: Copies of relevant building permits and certificates

6. Property Photographs: Documentation of property condition at time of sale

7. Technical Due Diligence: Reports on building condition and technical assessments

8. Payment Schedule: Detailed schedule of payment installments and conditions

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

Jurisdiction

Austria

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use

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