The Selling Contract (Kaufvertrag) is a fundamental legal document used in Austrian business and private transactions to formalize the sale of goods, property, or rights. It finds application in various contexts, from simple consumer purchases to complex business asset transfers and real estate transactions. The document must comply with the Austrian Civil Code (ABGB), particularly 搂搂 1053-1089, which govern sales contracts. When used in business-to-consumer transactions, it must also incorporate consumer protection provisions under the KSchG. The contract typically includes detailed specifications of the sale object, price, payment terms, delivery conditions, warranties, and risk transfer provisions. For real estate transactions, additional formalities such as notarization and registration in the land register may be required. The document serves as both a legal record of the transaction and a framework for the parties' rights and obligations.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for companies
2. Background: Context of the sale and brief description of the transaction purpose
3. Definitions: Key terms used throughout the contract defined for clarity and legal certainty
4. Sale Object: Detailed description of the goods or property being sold
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule if applicable
6. Transfer of Ownership: Terms and conditions for the transfer of title and possession
7. Warranties: Standard warranties regarding ownership, condition, and quality of the sale object
8. Delivery: Terms, timing, and conditions of delivery or handover
9. Risk Transfer: Point at which risk transfers from seller to buyer
10. Representations: Basic representations by both parties regarding their capacity to enter into the contract
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Signatures: Execution blocks for all parties
1. Due Diligence: For complex transactions or business assets, detailing the buyer's inspection rights and process
2. Conditions Precedent: For transactions requiring certain conditions to be met before completion
3. Tax Provisions: Detailed tax arrangements, particularly relevant for real estate or business asset sales
4. Intellectual Property: For sales involving IP rights or licenses
5. Employee Matters: For business sales involving transfer of employees
6. Consumer Protection Clauses: Additional provisions required for B2C transactions under KSchG
7. Real Estate Specific Provisions: Additional clauses for real estate transactions including land register details
8. Confidentiality: For transactions requiring confidentiality obligations
9. Force Majeure: For longer-term delivery contracts or complex transactions
10. Dispute Resolution: Alternative dispute resolution mechanisms if desired
1. Property Description: Detailed technical description of the sale object, specifications, or property details
2. Inventory List: For sales involving multiple items or business assets
3. Payment Schedule: Detailed payment terms and installments if applicable
4. Due Diligence Results: Summary of investigations and findings if relevant
5. Encumbrances: List of any existing liens, mortgages, or other encumbrances
6. Required Permits: Copies or lists of necessary permits and authorizations
7. Property Plans: For real estate transactions, including land register excerpts
8. Handover Protocol: Template for documenting the physical transfer of the sale object
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