A Real Estate LOI (Letter of Intent) under Austrian law is typically used in the preliminary stages of property transactions to outline the proposed terms and structure of the deal. This document type serves as a roadmap for further negotiations and due diligence, particularly important in Austrian real estate transactions where state-specific regulations and land register requirements must be considered. While primarily non-binding, certain provisions such as confidentiality and exclusivity can be made binding. The LOI (Real Estate) is particularly crucial in complex property transactions, helping parties align their expectations and establish clear parameters for the transaction process before committing to full documentation. It must be carefully drafted to comply with Austrian property laws and commercial practices, while providing sufficient flexibility for detailed negotiations in the subsequent phase.
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1. Date and Parties: Opening of letter identifying sender and recipient, including full legal names and addresses
2. Property Identification: Clear description of the target property including address, land register details, and any included fixtures/fittings
3. Transaction Structure: Outline of the proposed transaction (purchase, lease, etc.) and basic deal structure
4. Commercial Terms: Key commercial terms including proposed purchase price/rent, payment structure, and timing
5. Due Diligence: Proposed scope and timeline for due diligence investigation
6. Timeline: Expected timeline for negotiation, due diligence, and completion of the transaction
7. Exclusivity: Any proposed exclusivity period and terms
8. Confidentiality: Confidentiality obligations regarding the proposed transaction
9. Non-Binding Nature: Clear statement of which provisions are non-binding and which (if any) are intended to be binding
10. Next Steps: Proposed next steps and process for moving forward
11. Validity Period: Period for which the LOI remains valid and requires response
1. Break Fee: Include when parties wish to establish a break fee arrangement if the transaction doesn't proceed under certain circumstances
2. Financing Conditions: Include when the transaction is subject to the buyer securing specific financing arrangements
3. Regulatory Approvals: Include when the transaction requires specific regulatory approvals, especially relevant for foreign investors
4. Employee Matters: Include when the property transaction involves transfer of employees or specific employment considerations
5. Asset Schedule: Include when the transaction includes specific movable assets or equipment that need to be listed
6. Existing Tenancies: Include when the property has existing tenants and specific arrangements need to be addressed
7. Cost Allocation: Include when parties want to specify the allocation of transaction costs and taxes
8. Governing Law: Include when parties want to specify applicable law for binding provisions, especially in cross-border transactions
1. Property Details Schedule: Detailed description of the property, including cadastral information, land register excerpts, and property boundaries
2. Price Calculation Schedule: Detailed breakdown of the proposed purchase price or rent calculation, including any adjustments or variable components
3. Due Diligence Requirements: List of required documents and information for due diligence
4. Timeline Schedule: Detailed timeline with specific milestones and deadlines
5. Existing Encumbrances: List of existing mortgages, easements, or other encumbrances on the property
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