The Real Estate Contract Form is a standardized legal document designed for property transactions in Austria, structured to comply with the Austrian Civil Code (ABGB), Land Registry Act (GBG), and related property legislation. This template is essential for documenting the transfer of real estate ownership, whether for residential, commercial, or industrial properties. It includes mandatory provisions required by Austrian law, such as precise property identification, purchase price arrangements, and transfer conditions. The document is adaptable to various transaction types while maintaining legal compliance and can be customized for specific circumstances such as mortgage situations or existing tenancies. It serves as a crucial tool for ensuring proper documentation and registration of property transfers in the Austrian land registry system.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for legal entities
2. Background: Context of the transaction and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the real estate, including land registry details (Grundbuch), property address, and cadastral number
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration in the land registry
7. Representations and Warranties: Seller's declarations 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. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
10. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts
11. Execution: Signature requirements and notarization provisions
1. Mortgage Provisions: Required when the property has existing mortgages or when new financing is involved
2. Tenant Provisions: Necessary when the property is subject to existing rental agreements
3. Construction Obligations: Required for properties under construction or requiring specific renovations
4. Environmental Provisions: Needed when environmental issues or contamination are relevant
5. Rights of Way and Easements: Required when specific access rights or easements affect the property
6. Pre-emption Rights: Necessary when certain parties have pre-emptive rights to purchase
7. Commission Arrangements: Required when real estate agents are involved in the transaction
8. VAT Elections: Needed when VAT treatment is relevant to the transaction
1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
2. Property Plans: Cadastral maps and floor plans of the property
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: List of fixtures, fittings, and other items included in the sale
5. Due Diligence Reports: Technical, legal, and environmental survey reports
6. Building Permits: Copies of relevant building permits and certificates
7. Existing Contracts: Copies of relevant service contracts, warranties, or rental agreements
8. Payment Schedule: Detailed breakdown of payment installments and timing
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Property Management
Hospitality
Retail
Industrial & Manufacturing
Agriculture
Commercial Office Space
Residential Housing
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Facilities Management
Operations
Contract Administration
Asset Management
Risk Management
Finance
Business Development
Investment
Relevant Roles
Real Estate Manager
Property Developer
Legal Counsel
Compliance Officer
Real Estate Agent
Property Manager
Contract Administrator
Real Estate Investment Manager
Facilities Manager
Real Estate Transaction Coordinator
Real Estate Lawyer
Notary
Real Estate Operations Director
Asset Manager
Property Acquisition Manager
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