The Real Estate Sales Contract (Kaufvertrag) is a fundamental document in Austrian property transactions, essential for transferring ownership of real estate between parties. It is used whenever real property is bought or sold in Austria, whether in residential, commercial, or industrial contexts. The document must comply with Austrian Civil Code requirements and property law regulations, including mandatory notarization and registration in the land register (Grundbuch). It encompasses critical elements such as precise property identification, purchase price, payment terms, warranties, and the formal declaration required for land register registration (Aufsandungserklärung). This contract type is crucial for both private and commercial transactions, requiring careful attention to Austrian legal requirements and regional property regulations.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the real estate including land register details, property address, and cadastral number
5. Purchase Price: Agreed purchase price and currency
6. Payment Terms: Payment schedule, method of payment, and escrow arrangements
7. Transfer of Ownership: Conditions and process for transferring legal title
8. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
9. Handover: Timing and conditions for physical handover of the property
10. Costs and Taxes: Allocation of transfer taxes, registration fees, and other transaction costs
11. Registration Authorization: Authorization for land register registration (Aufsandungserklärung)
12. Notices: Communication requirements and contact details
13. Governing Law: Confirmation of Austrian law application and jurisdiction
14. Execution: Signature requirements and notarization provisions
1. Mortgage Release: Required if the property has existing mortgages that need to be discharged
2. Third Party Rights: Needed if there are tenants or other third-party rights affecting the property
3. Foreign Investment: Required for non-Austrian buyers subject to foreign investment restrictions
4. Construction Obligations: Needed if the property includes incomplete construction or required renovations
5. Environmental Provisions: Required if there are known environmental issues or contamination
6. Agricultural Land Provisions: Needed if the property includes agricultural land subject to special regulations
7. Furniture and Fixtures: Required if the sale includes specific movable property
8. Development Rights: Needed if there are specific building or development rights being transferred
1. Property Plan: Land register extract (Grundbuchauszug) and cadastral maps
2. Property Documentation: Building permits, energy certificate, and technical documentation
3. Inventory List: List of included furniture, fixtures, and equipment if applicable
4. Due Diligence Reports: Technical, legal, and environmental assessment reports
5. Payment Schedule: Detailed breakdown of payment installments and conditions
6. Existing Contracts: Copies of relevant existing contracts affecting the property
7. Power of Attorney: If any party is acting through an authorized representative
8. Land Register Application: Draft of the land register registration application
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Hospitality
Retail
Industrial
Agriculture
Commercial Property
Residential Property
Public Sector
Investment & Fund Management
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities Management
Investment
Finance
Operations
Risk Management
Compliance
Corporate Services
Business Development
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Corporate Lawyer
Notary Public
Property Developer
Investment Manager
Asset Manager
Facilities Manager
Real Estate Investment Analyst
Commercial Director
Chief Legal Officer
Real Estate Portfolio Manager
Acquisitions Manager
Property Valuation Specialist
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