Apartment Buyer Agreement Template for Austria

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Key Requirements PROMPT example:

Apartment Buyer Agreement

"I need an Apartment Buyer Agreement for the purchase of a 2-bedroom apartment in Vienna from a private seller, with a completion date of March 15, 2025, including standard warranties and a requirement for the seller to complete specific repairs before handover."

Document background
The Apartment Buyer Agreement is a crucial legal document used in Austrian real estate transactions for the purchase and sale of residential apartments. It serves as the primary contract between buyers and sellers, whether they are individuals, developers, or corporate entities. The agreement must comply with various Austrian regulations, including the ABGB, WEG, and BTVG (if involving developers). This document is essential for protecting both parties' interests during property transfer, detailing purchase price, payment terms, warranties, and specific conditions of sale. The agreement includes mandatory provisions required under Austrian law, such as land register registration requirements and consumer protection measures. It's particularly important in new development sales and existing property transfers, requiring careful consideration of local property laws and regulations.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the sale, including property history and current ownership status

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the apartment, including exact location, size, and cadastral details

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

6. Payment Terms: Detailed payment structure, installments, and escrow arrangements if applicable

7. Transfer of Ownership: Process and conditions for transferring property ownership

8. Representations and Warranties: Seller's warranties about the property condition and buyer's acknowledgments

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

10. Taxes and Costs: Allocation of transaction costs, taxes, and fees between parties

11. Default and Remedies: Consequences of breach and available remedies

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

13. Execution: Signature requirements and execution process

Optional Sections

1. Developer Guarantees: Required when purchasing from a developer under BTVG, including securities and completion guarantees

2. Mortgage Arrangements: Include when the purchase involves mortgage financing

3. Property Management: Required for properties in managed complexes, detailing service charges and management arrangements

4. Renovation Agreements: Include when the property requires or includes agreed renovation work

5. Parking Arrangements: Include when parking spaces are part of the purchase

6. Storage Units: Include when storage units are part of the purchase

7. Third-Party Rights: Include when there are existing tenants or other third-party rights affecting the property

8. Construction Completion: Required for properties under construction, including completion dates and specifications

Suggested Schedules

1. Property Floor Plan: Detailed floor plan of the apartment and common areas

2. Land Register Extract: Current extract from the land register (Grundbuchauszug)

3. Payment Schedule: Detailed schedule of payment installments and due dates

4. Property Handover Protocol: Template for recording the condition during property handover

5. Building Specifications: Technical specifications and finishing details of the apartment

6. House Rules: Applicable house rules and regulations of the property complex

7. Energy Certificate: Energy performance certificate (Energieausweis)

8. Previous Year's Operating Costs: Statement of previous year's operating costs and service charges

9. Property Photos: Current photographs of the property and common areas

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

Legal Services

Property Development

Construction

Banking & Finance

Property Management

Notarial Services

Real Estate Investment

Urban Development

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Contract Administration

Property Development

Investment

Risk Management

Operations

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Legal Counsel

Property Manager

Notary

Contract Manager

Real Estate Investment Manager

Property Surveyor

Compliance Officer

Real Estate Transaction Manager

Building Inspector

Property Sales Manager

Real Estate Portfolio Manager

Title Insurance 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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