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Land Purchase Contract for Austria

Land Purchase Contract Template for Austria

A Land Purchase Contract (Grundstückskaufvertrag) under Austrian law is a legally binding agreement for the transfer of real estate ownership. This document must comply with strict Austrian legal requirements, including mandatory notarization and registration in the land register (Grundbuch). The contract details the property's specifications, purchase price, payment terms, and conditions for ownership transfer. It incorporates specific Austrian legal provisions from the ABGB (Austrian Civil Code) and relevant property laws, addressing matters such as property handover, tax obligations, and registration requirements. The document must be executed in a form suitable for land register registration, including the crucial ܴڲԻܲԲäܲԲ (registration authorization).

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What is a Land Purchase Contract?

The Land Purchase Contract is a fundamental legal document used in Austrian real estate transactions for transferring property ownership from seller to buyer. This contract type must conform to specific requirements under Austrian law, including mandatory notarization and registration in the Grundbuch (land register). It is essential for both private and commercial real estate transactions, incorporating crucial elements such as precise property description, purchase price arrangements, warranties, and the ܴڲԻܲԲäܲԲ (registration authorization). The document serves multiple purposes: it evidences the parties' agreement, fulfills legal requirements for property transfer, provides security for both parties, and serves as the basis for land register registration. Austrian law requires particular attention to form and content, making it distinct from similar contracts in other jurisdictions.

What sections should be included in a Land Purchase Contract?

1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land register details (Grundbuch), property number (Einlagezahl), cadastral community (Katastralgemeinde), and exact measurements

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

6. Transfer of Ownership: Terms regarding the transfer of title and registration in the land register

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

8. Handover and Transfer of Risk: Conditions and timing for physical handover of the property and transfer of risk

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

10. Registration Authorization: Authorization for land register registration (ܴڲԻܲԲäܲԲ)

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent court

12. Execution: Signature requirements and notarization provisions

What sections are optional to include in a Land Purchase Contract?

1. Mortgage Release: Required if there are existing mortgages to be cleared before or at closing

2. Broker Provisions: Include when a real estate broker is involved in the transaction

3. Construction Obligations: Required if there are unfinished construction works or renovation obligations

4. Agricultural Land Provisions: Required for agricultural land subject to special transfer restrictions

5. Foreign Buyer Provisions: Include when the buyer is not an Austrian resident/citizen

6. Rental Situation: Required if there are existing tenants or lease agreements

7. Environmental Provisions: Include if there are known environmental issues or contamination

8. Right of Withdrawal: Required for consumer transactions under certain circumstances

9. Easements and Rights of Way: Include if specific easements or rights of way need to be addressed

What schedules should be included in a Land Purchase Contract?

1. Land Register Extract: Current extract from the land register (Grundbuchauszug)

2. Property Map: Cadastral map showing the property boundaries

3. Property Handover Protocol: Template for documenting the physical handover of the property

4. Payment Schedule: Detailed schedule of payment installments if applicable

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

6. Energy Certificate: Energy performance certificate (Energieausweis)

7. Property Photos: Documentary photographs of the property condition

8. Utility Contracts: List of existing utility contracts and connections

9. Property Tax Assessment: Current property tax assessment documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions







































Clauses






































Relevant Industries

Real Estate

Construction

Agriculture

Retail

Manufacturing

Hospitality

Industrial

Commercial Property

Residential Property

Banking & Finance

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Property Development

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Corporate Development

Operations

Finance

Compliance

Risk Management

Investment

Asset Management

Business Development

Facilities Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Corporate Lawyer

Real Estate Broker

Property Manager

Facilities Manager

Investment Manager

Asset Manager

Business Development Manager

Chief Financial Officer

Operations Director

Real Estate Investment Analyst

Compliance Officer

Risk Manager

General Counsel

Transaction Manager

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