The Assignment Contract (Real Estate) is a crucial document in Austrian property transactions, used when transferring ownership rights of real estate property from one party to another. This document type is essential in various scenarios, including corporate restructuring, family wealth transfer, or commercial property transactions. It must comply with Austrian Civil Code (ABGB) requirements and land registry regulations, requiring notarization and registration in the Grundbuch (land registry). The contract includes comprehensive details about the property, parties involved, consideration, warranties, and specific Austrian legal requirements for property transfer. It's particularly important that the document addresses all mandatory elements required by Austrian law for a valid real estate transfer, including precise property identification, clear terms of assignment, and proper execution formalities.
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1. Parties: Identification and details of the Assignor and Assignee, including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the assignment, including the current ownership status and reason for assignment
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the real estate being assigned, including land registry details, property address, and cadastral number
5. Assignment: Core provision transferring all rights, title, and interest in the property from Assignor to Assignee
6. Purchase Price: Details of the consideration, payment terms, and payment method
7. Completion: Specifics about the completion date and process for transferring ownership
8. Assignor's Warranties: Warranties regarding ownership, absence of encumbrances, and authority to assign
9. Registration and Notarization: Provisions regarding land registry registration and notarization requirements
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
11. Notices: Process and addresses for formal communications between parties
12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
13. Entire Agreement: Standard entire agreement clause and amendment provisions
1. Existing Tenancies: Details of any existing tenancy agreements affecting the property - include if property is subject to ongoing leases
2. Mortgage Assignment: Provisions regarding the transfer or discharge of existing mortgages - include if property has existing financing
3. Property Management: Transitional arrangements for property management - include for commercial properties
4. Environmental Provisions: Specific warranties and indemnities regarding environmental matters - include for industrial properties
5. Planning Permissions: Details of existing planning permissions or restrictions - include if property has specific planning conditions
6. Service Contracts: Assignment of ongoing service contracts - include if property has maintenance or service agreements
7. VAT Election: VAT treatment of the transaction - include if applicable to the specific property type
8. Condition Precedents: Any conditions that must be met before completion - include if assignment is subject to specific conditions
1. Property Details: Detailed technical description of the property, including boundaries, plans, and land registry excerpt
2. Title Documents: List of all relevant title documents and land register extracts
3. Existing Tenancies Schedule: Details of all existing tenancy agreements, including key terms
4. Property Plans: Official cadastral plans and property drawings
5. Inventory: List of fixtures, fittings, and other items included in the assignment
6. Outstanding Matters: List of any pending matters or required actions relating to the property
7. Service Contracts: Details of ongoing service contracts affecting the property
8. Required Permits: Copies of all relevant permits and certificates
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Residential Property
Banking and Finance
Construction
Retail
Hospitality
Industrial
Agriculture
Office Space
Healthcare
Education
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities Management
Compliance
Risk Management
Asset Management
Investment
Operations
Relevant Roles
Real Estate Lawyer
Property Manager
Legal Counsel
Notary Public
Real Estate Agent
Property Developer
Asset Manager
Facilities Manager
Real Estate Investment Manager
Corporate Lawyer
Property Surveyor
Transaction Manager
Legal Director
Real Estate Portfolio Manager
Compliance Officer
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