The For Sale By Owner Real Estate Contract Form is designed for use in Austria when private individuals wish to conduct a property sale without the involvement of real estate agents. This document is particularly relevant in scenarios where both parties seek to reduce transaction costs while ensuring full legal compliance with Austrian property law. The contract incorporates all essential elements required by the Austrian Civil Code (ABGB), including property details, purchase price, payment terms, and transfer conditions. It addresses crucial aspects such as land register registration, notarial authentication requirements, and tax implications. The document is structured to protect both parties' interests while facilitating a smooth property transfer process in accordance with Austrian legal requirements.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and identification numbers
2. Background: Brief context of the sale, including property ownership status and intention to transfer
3. Definitions: Key terms used throughout the contract including 'Property', 'Purchase Price', 'Closing Date', etc.
4. Property Description: Detailed legal description of the property including land register details (Grundbuch), property address, and cadastral number
5. Purchase Price: Specified purchase amount, payment terms, deposit requirements, and escrow arrangements
6. Payment Terms: Schedule of payments, including deposit, main payment, and any installments
7. Transfer of Ownership: Conditions and process for transferring title in the land register
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
9. Closing Process: Steps for completion of sale, including notary requirements and registration process
10. Costs and Taxes: Allocation of transfer taxes, registration fees, and other transaction costs
11. Handover: Terms for physical possession transfer and utility transfers
12. Governing Law: Specification of Austrian law and jurisdiction
1. Financing Contingency: To be included if buyer's purchase is dependent on obtaining mortgage financing
2. Property Inspection: Include if there's a contingency period for professional inspection
3. Existing Tenancies: Required if property is currently leased to tenants
4. Fixtures and Fittings: Detailed list of items included/excluded in sale if needed
5. Environmental Matters: Include if property has known environmental issues or requires specific declarations
6. Construction Permits: Required if property has pending construction permits or recent modifications
7. Broker Disclaimer: Statement confirming no broker involvement, if relevant to protect against future claims
1. Property Plan: Official cadastral plan showing property boundaries
2. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances
3. Inventory List: Detailed list of fixtures, fittings, and furniture included in sale
4. Building Permits: Copies of relevant building permits and certificates
5. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
6. Property Photos: Documentary photographs of property condition at time of contract
7. Utility Information: Details of current utility providers and consumption data
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Construction
Property Development
Banking and Finance
Legal Services
Notary Services
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Tax Advisory
Administrative Support
Risk Management
Relevant Roles
Property Owner
Home Buyer
Real Estate Lawyer
Legal Counsel
Notary Public
Property Manager
Financial Advisor
Mortgage Specialist
Tax Consultant
Property Surveyor
Legal Administrator
Compliance Officer
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