The Contract To Sell Home (Kaufvertrag für eine Immobilie) is a fundamental legal document used in Austrian real estate transactions for transferring residential property ownership. It serves as the primary agreement between parties when selling and purchasing residential real estate in Austria, whether it's a house, apartment, or condominium. The contract must comply with Austrian Civil Code (ABGB) requirements and various property-related legislation, including the Land Registry Act (GBG), Real Estate Transfer Tax Act (GrEStG), and Consumer Protection Act (KSchG) where applicable. This document is essential for land registry registration (Grundbuch) and includes critical elements such as property details, price, payment terms, warranties, and transfer conditions. It's typically prepared with notarial involvement and forms the basis for the property transfer process in the Austrian legal system.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale and confirmation of seller's ownership
3. Definitions: Definitions of key terms used throughout the contract
4. Property Description: Detailed description of the property including land registry details (Grundbuch), property address, and cadastral number
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Payment Method: Details of how and when payments will be made, including escrow arrangements if applicable
7. Transfer of Ownership: Process and conditions for transferring property title in the land registry
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Handover Conditions: Terms for physical handover of the property and transfer of keys
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
11. Default and Remedies: Consequences of breach and available remedies for both parties
12. Governing Law: Confirmation of Austrian law governance and jurisdiction
13. Signatures: Execution blocks for all parties including notarization requirements
1. Mortgage and Encumbrances: Required if existing mortgages need to be cleared or transferred
2. Tenant Provisions: Required if the property is currently leased to tenants
3. Condition Precedents: Include if sale is subject to specific conditions like mortgage approval or property inspection
4. Fixture and Fittings: Detailed if specific items are included/excluded from the sale
5. Construction Completion: Required for properties under construction or requiring specific works before completion
6. Real Estate Agent: Include if a broker is involved, detailing commission arrangements
7. Environmental Matters: Required if there are environmental issues or certifications to address
8. Condominium Association: Include for properties subject to condominium regulations
1. Property Plan: Official cadastral plan and property boundaries
2. Land Registry Extract: Current Grundbuchauszug showing ownership and encumbrances
3. Inventory List: Detailed list of fixtures, fittings, and items included in the sale
4. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
5. Building Permits: Copies of relevant building permits and certificates
6. Property Photos: Documented condition of property at time of contract
7. Payment Schedule: Detailed breakdown of payment installments if applicable
8. Property Usage Agreements: Any existing agreements affecting property usage or access
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