Agreement For Purchase And Sale Of Real Property Template for Austria

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Key Requirements PROMPT example:

Agreement For Purchase And Sale Of Real Property

"I need an Agreement For Purchase And Sale Of Real Property under Austrian law for purchasing a residential apartment in Vienna, with a planned closing date of March 15, 2025, and including provisions for existing tenant rights."

Document background
The Agreement For Purchase And Sale Of Real Property is a fundamental legal document used in Austrian real estate transactions to formalize the transfer of real property ownership. This document is essential for any real estate transaction in Austria, whether residential or commercial, and must comply with specific requirements under Austrian law, including the ABGB (Austrian Civil Code) and land registry regulations. The agreement serves as the primary document for property transfer, containing crucial details about the property, parties involved, purchase price, payment terms, and transfer conditions. It requires notarial authentication and must be suitable for registration in the Austrian land registry (Grundbuch). The document is particularly important as it forms the basis for the property transfer tax assessment and the formal transfer of ownership rights under Austrian law.
Suggested Sections

1. Parties: Detailed identification of the seller and purchaser, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the transaction 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 real property including land registry details, cadastral number, address, and exact measurements

5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule

6. Payment Terms: Detailed arrangements for payment, including escrow provisions and release conditions

7. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements

8. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status

9. Handover Conditions: Terms and timing for physical handover of the property

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees

11. Notices: Process and requirements for formal communications between parties

12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

13. Execution: Formal execution requirements including notarization provisions

Optional Sections

1. Broker Provisions: Required when a real estate broker is involved in the transaction

2. Mortgage Release: Included when the property has existing mortgages that need to be cleared

3. Construction Completion: Required for properties under construction or requiring completion works

4. Tenant Provisions: Included when the property is subject to existing tenancy agreements

5. Environmental Provisions: Required when there are environmental issues or concerns

6. Planning Permissions: Included when future development or modification is contemplated

7. Consumer Protection Clauses: Required when the purchaser is a consumer under Austrian law

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property including plans and measurements

2. Land Registry Extract: Current extract from the land registry showing ownership and encumbrances

3. Inventory List: List of fixtures, fittings, and other items included in the sale

4. Payment Schedule: Detailed schedule of payment installments and conditions

5. Building Permits: Copies of relevant building permits and certificates

6. Property Plans: Floor plans, site plans, and other relevant technical drawings

7. Energy Certificate: Mandatory energy performance certificate for the property

8. Encumbrance Documents: Details of any existing encumbrances, easements, or rights of way

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Banking and Finance

Legal Services

Property Management

Residential Property

Commercial Property

Urban Development

Architecture and Planning

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Acquisitions

Development

Finance

Investment

Risk Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Real Estate Attorney

Property Manager

Real Estate Broker

Compliance Officer

Real Estate Investment Manager

Asset Manager

Development Director

Transaction Manager

Real Estate Portfolio Manager

Chief Legal Officer

Real Estate Finance Manager

Acquisitions Manager

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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