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Option Contract (Real Estate) for Austria

Option Contract (Real Estate) Template for Austria

An Austrian Real Estate Option Contract is a legally binding agreement that grants the option holder the exclusive right, but not the obligation, to purchase specified real estate property at predetermined terms within a defined period. Governed by Austrian law, particularly the ABGB (Austrian Civil Code), this document must comply with strict formal requirements including notarization and potential registration in the land register (Grundbuch). The agreement details the property specifications, exercise price, option period, exercise mechanisms, and all conditions precedent to the purchase, while ensuring compliance with Austrian property transfer regulations and tax implications.

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Option Contract (Real Estate)

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What is a Option Contract (Real Estate)?

A Real Estate Option Contract under Austrian law is a strategic instrument used to secure future property acquisition rights while maintaining flexibility in decision-making. This document type is particularly valuable in commercial real estate development, investment projects, or when parties need time for due diligence and financing arrangements. The Option Contract (Real Estate) must comply with Austrian formal requirements, including notarization and potential registration in the land register (Grundbuch), as governed by the Austrian Civil Code (ABGB) and related property laws. It typically includes detailed property descriptions, precise pricing terms, option exercise mechanisms, and duration specifications. This document is essential for securing property rights while managing risk in real estate transactions, particularly in development projects or phased acquisitions where timing and market conditions play crucial roles.

What sections should be included in a Option Contract (Real Estate)?

1. Parties: Identification of the Option Grantor and Option Holder with full legal names and addresses

2. Background: Context of the agreement and brief description of the property and parties' intentions

3. Definitions: Key terms used throughout the agreement, including 'Option Period', 'Exercise Price', 'Property', etc.

4. Grant of Option: Clear statement of the option right being granted and its basic terms

5. Option Period: Duration of the option, including start and end dates

6. Exercise Price: The agreed purchase price for the property if the option is exercised

7. Exercise of Option: Process and formalities for exercising the option, including notice requirements

8. Property Details: Detailed description of the property, including land register details (Grundbuch)

9. Representations and Warranties: Statements about the property's condition, ownership, and encumbrances

10. Registration Rights: Provisions regarding registration of the option in the land register

11. Costs and Taxes: Allocation of costs, including registration fees and transfer taxes

12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

13. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Option Contract (Real Estate)?

1. Due Diligence: Terms for property inspection and document review, used when the option holder requires investigation rights

2. Financing Conditions: Include when the option exercise is contingent on obtaining financing

3. Multiple Properties: Additional provisions for cases involving multiple properties or partial exercise rights

4. Assignment Rights: Terms for transferring the option rights, if permitted

5. Break Fee: Provisions for compensation if the option is not exercised, if agreed

6. Environmental Provisions: Special terms regarding environmental conditions, necessary for industrial properties

7. Tenant Provisions: Required when the property is subject to existing tenancies

What schedules should be included in a Option Contract (Real Estate)?

1. Property Description: Detailed technical description of the property, including boundaries and land register excerpts

2. Property Plans: Site plans, building plans, and other relevant drawings

3. Form of Exercise Notice: Template for the formal notice to exercise the option

4. Due Diligence Documents: List of documents provided or to be provided for due diligence

5. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances

6. Purchase Price Calculation: If the exercise price involves calculations or adjustments

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

Commercial Real Estate

Residential Real Estate

Industrial Real Estate

Retail Real Estate

Hotel & Hospitality

Mixed-Use Development

Agricultural Real Estate

Office Space Development

Logistics & Warehousing

Urban Development

Relevant Teams

Legal

Real Estate

Investment

Asset Management

Development

Finance

Risk & Compliance

Commercial

Acquisitions

Property Management

Corporate Strategy

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Investment Manager

Asset Manager

Real Estate Analyst

Acquisition Manager

Property Portfolio Manager

Chief Investment Officer

Real Estate Finance Manager

Development Director

Commercial Director

Real Estate Transaction Manager

Risk Manager

Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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