The Sales Contract For House (Kaufvertrag) is a fundamental legal document used in Austrian real estate transactions to transfer residential property ownership from seller to buyer. This contract is essential whenever a house or residential property is being sold in Austria, whether it's a private residence, vacation home, or investment property. The document must comply with Austrian civil law requirements and needs to be executed as a notarial deed. It includes crucial information such as property details from the land register, purchase price, payment terms, warranties, and specific provisions required by Austrian law. The contract serves multiple purposes: it documents the agreement between parties, enables land register registration, satisfies tax authority requirements, and provides necessary information for mortgage providers. It's particularly important to note that under Austrian law, property ownership transfer only becomes effective upon registration in the land register (Grundbuch), making the precise drafting of this contract crucial for the transaction's success.
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1. Parties: Identification of seller(s) and buyer(s) with full legal names, addresses, and personal details as required for land register registration
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land register details (Grundbuch), property address, parcel numbers (ҰܲԻüԳܳ), and size
5. Purchase Price: Specification of purchase price, payment terms, escrow arrangements, and transfer of funds
6. Transfer of Ownership: Terms for the transfer of title (Eigentumsübertragung) and registration in the land register
7. Handover and Transfer of Risk: Conditions and timing for physical handover of the property and transfer of risk
8. Seller's Warranties: Warranties regarding property ownership, encumbrances, building permits, and property condition
9. Tax and Costs: Allocation of transfer tax, registration fees, notary costs, and other transaction expenses
10. Registration Authorization: Authorization for land register registration (ܴڲԻܲԲäܲԲ)
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Execution: Notarization and signing requirements
1. Mortgage Release: Required if there are existing mortgages to be cleared
2. Tenant Provisions: Required if the property has existing tenants, addressing their rights and ongoing tenancies
3. Condition Precedents: Include if sale is subject to specific conditions like mortgage approval or planning permission
4. Environmental Matters: Required if there are known environmental issues or certifications
5. Building Warranty Assignment: Include if there are existing building warranties to be transferred
6. Property Management: Required for properties in managed complexes, addressing service charges and management arrangements
7. Energy Certificate: Required if an energy performance certificate (Energieausweis) needs to be addressed specifically
8. Fixtures and Fittings: Detailed list of items included/excluded in sale if not standard
1. Property Plan: Official cadastral plan (Grundbuchsauszug) and property drawings
2. Land Register Extract: Current land register extract showing ownership and encumbrances
3. Building Permits: Copies of relevant building permits and certificates
4. Energy Performance Certificate: Copy of the energy performance certificate (Energieausweis)
5. Inventory List: Detailed list of fixtures, fittings, and other items included in the sale
6. Property Documentation: Building plans, technical specifications, and maintenance records
7. Payment Schedule: Detailed schedule of payment terms and installments if applicable
8. Due Diligence Documents: Reports, surveys, and other due diligence materials
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking & Finance
Insurance
Construction
Property Development
Property Management
Professional Services
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Finance
Sales
Customer Relations
Operations
Documentation
Relevant Roles
Real Estate Lawyer
Property Lawyer
Notary
Real Estate Agent
Property Manager
Legal Counsel
Conveyancing Manager
Real Estate Transaction Manager
Mortgage Advisor
Property Surveyor
Real Estate Investment Manager
Legal Document Specialist
Compliance Officer
Risk Manager
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