The Land Sales Agreement (Kaufvertrag für Liegenschaften) is a crucial legal document used in Austrian real estate transactions to formalize the transfer of property ownership. It is essential for any real estate sale in Austria, whether involving private individuals or commercial entities. The document must comply with the Austrian Civil Code (ABGB) and various federal and state regulations governing property transfers. This agreement is particularly important as it forms the basis for the mandatory registration in the land register (Grundbuch) and triggers various legal and tax obligations. It includes detailed information about the property, parties involved, purchase price, payment terms, warranties, and specific conditions required by Austrian law. The document requires notarization and serves as the foundation for the property transfer process, making it a critical instrument in Austrian real estate transactions.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the real estate including land register details (Grundbuch), plot numbers (Grundstücksnummer), and property address
5. Purchase Price: Agreement on purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and process for transferring legal title (Eigentumsübertragung)
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Handover and Transfer of Risk: Terms for physical handover of the property and transfer of risk
9. Costs and Taxes: Allocation of transaction costs, transfer tax, and registration fees
10. Registration Authorization: Authorization for land register registration (Grundbuchseintragung)
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
12. Execution: Signature blocks and notarization requirements
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances when applicable
2. Agricultural Land Provisions: Special provisions required when the property includes agricultural land
3. Foreign Buyer Provisions: Additional requirements and approvals needed for non-Austrian buyers
4. Tenant Provisions: Terms regarding existing tenancies if the property is currently leased
5. Condition Precedents: Any conditions that must be met before completion, such as obtaining specific permits
6. Environmental Provisions: Specific terms regarding environmental conditions or contamination if relevant
7. Development Obligations: Any commitments regarding future development of the property
8. Financing Provisions: Terms related to buyer's financing arrangements if relevant
1. Land Register Extract: Current official extract from the land register (Grundbuchauszug)
2. Property Plans: Cadastral maps and property plans (Grundstücksplan)
3. Property Documentation: Building permits, energy certificate, and other relevant property documents
4. Inventory List: List of any fixtures and fittings included in the sale
5. Due Diligence Reports: Technical, legal, and environmental due diligence reports if applicable
6. Payment Schedule: Detailed schedule of payment installments if applicable
7. Power of Attorney: Any required powers of attorney for registration purposes
8. Handover Protocol: Template for the property handover protocol
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Agriculture
Commercial Property
Residential Property
Industrial
Retail
Hospitality
Development & Construction
Banking & Finance
Legal Services
Public Sector
Relevant Teams
Legal
Real Estate
Finance
Compliance
Property Management
Asset Management
Investment
Development
Corporate Affairs
Risk Management
Relevant Roles
Real Estate Manager
Property Developer
Legal Counsel
Corporate Lawyer
Finance Director
Chief Financial Officer
Property Manager
Asset Manager
Compliance Officer
Real Estate Agent
Investment Manager
Development Director
Land Acquisition Manager
Portfolio Manager
Transaction Manager
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