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Wholesaling Real Estate Contract for Austria

Wholesaling Real Estate Contract Template for Austria

This document is a comprehensive legal agreement governed by Austrian law, specifically designed for wholesale real estate transactions. It incorporates requirements from the Austrian Civil Code (ABGB) and relevant property legislation, structuring the purchase and subsequent resale rights of real estate properties. The agreement includes detailed provisions for property transfer, due diligence requirements, assignment rights, and specific clauses that facilitate wholesale transactions while ensuring compliance with Austrian property transfer regulations and tax requirements. It addresses both the immediate transfer and the intended subsequent disposition of the property, incorporating necessary protections for all parties involved in the wholesale transaction chain.

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What is a Wholesaling Real Estate Contract?

Wholesaling Real Estate Contracts in Austria are specialized agreements used when a buyer intends to purchase property with the explicit intention of reselling it, often before the initial purchase is completed. These contracts must comply with Austrian property law, including the ABGB (Austrian Civil Code) and relevant real estate regulations. The document is particularly important in scenarios where investors or property developers seek to acquire properties for quick resale, requiring specific provisions for assignment rights, interim financing, and transfer mechanisms. It includes comprehensive sections addressing property description, purchase terms, assignment rights, and completion procedures, while ensuring compliance with Austrian land registry requirements and tax regulations. The agreement needs to balance the interests of the original seller, the wholesale buyer, and potential end purchasers, while maintaining legal certainty throughout the transaction chain.

What sections should be included in a Wholesaling Real Estate Contract?

1. Parties: Identification of all contracting parties including full legal names, addresses, and registration numbers for legal entities

2. Background: Context of the transaction and relationship between parties, including wholesaling intention

3. Definitions: Key terms used throughout the agreement, including Austrian legal terminology

4. Property Description: Detailed description of the real estate, including land register details (Grundbuch) and property identifiers

5. Purchase Price and Payment Terms: Purchase price, payment schedule, and escrow arrangements

6. Assignment Rights: Terms governing the buyer's right to assign or resell the property before closing

7. Due Diligence: Buyer's inspection rights and seller's disclosure obligations

8. Conditions Precedent: Conditions that must be met before completion, including regulatory approvals

9. Completion Process: Steps for closing the transaction and transferring title

10. Representations and Warranties: Statements about the property's condition and legal status

11. Tax Provisions: Allocation of tax obligations, including real estate transfer tax (Grunderwerbsteuer)

12. Registration and Notarization: Requirements for land register registration and notarial authentication

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

14. Miscellaneous: Standard legal provisions including severability and entire agreement clauses

What sections are optional to include in a Wholesaling Real Estate Contract?

1. Financing Conditions: Include when buyer requires external financing for the purchase

2. Property Management: Include when the property includes ongoing tenancies or service contracts

3. Environmental Provisions: Include when the property has known environmental issues or risks

4. Development Rights: Include when the property has unused development potential or pending permits

5. Foreign Investment Provisions: Include when buyer is not an Austrian resident/entity

6. Agricultural Land Provisions: Include when property includes agricultural land subject to special regulations

7. Monument Protection: Include when property is subject to heritage protection (Denkmalschutz)

8. Broker Provisions: Include when real estate brokers are involved in the transaction

What schedules should be included in a Wholesaling Real Estate Contract?

1. Property Details: Detailed property description, including land register extract (Grundbuchauszug)

2. Title Documents: Copies of existing title documents and encumbrances

3. Property Plans: Site plans, building plans, and cadastral maps

4. Due Diligence Reports: Technical, legal, and environmental assessment reports

5. Existing Contracts: List and copies of relevant existing contracts affecting the property

6. Payment Schedule: Detailed breakdown of payment terms and milestone payments

7. Property Handover Protocol: Template for recording the physical handover of the property

8. Power of Attorney: Required powers of attorney for completion and registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Real Estate Investment

Property Management

Construction

Legal Services

Financial Services

Relevant Teams

Legal

Real Estate

Property Development

Acquisitions

Investment

Finance

Compliance

Risk Management

Commercial Operations

Asset Management

Relevant Roles

Real Estate Manager

Property Developer

Investment Director

Legal Counsel

Real Estate Broker

Property Investment Manager

Acquisition Manager

Commercial Director

Real Estate Attorney

Property Portfolio Manager

Transaction Manager

Real Estate Analyst

Development Director

Asset Manager

Compliance Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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