Apartment Sale And Purchase Agreement Template for Austria

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Key Requirements PROMPT example:

Apartment Sale And Purchase Agreement

"I need an Apartment Sale and Purchase Agreement under Austrian law for the sale of my privately-owned 2-bedroom apartment in Vienna's 3rd district, with completion scheduled for March 15, 2025, and including provisions for the transfer of one parking space."

Document background
The Apartment Sale And Purchase Agreement is a crucial document used in Austrian real estate transactions for transferring apartment ownership. It is designed to comply with Austrian property law, particularly the ABGB (Austrian Civil Code) and WEG (Condominium Act), and is typically required when transferring ownership of residential units in multi-unit buildings. The agreement covers essential aspects such as property description, purchase price, payment terms, warranties, and transfer procedures. It is commonly used in both private and commercial transactions, requiring notarization and registration in the Austrian land register (Grundbuch). The document provides legal protection for both parties and ensures clear documentation of all terms and conditions associated with the property transfer.
Suggested Sections

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

2. Background: Context of the transaction, including brief description of the property and intention to sell/purchase

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

4. Property Description: Detailed description of the apartment, including land register details, size, location, and included fixtures/fittings

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

6. Payment Method: Details of how payments will be made, including escrow arrangements if applicable

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

8. Handover: Terms and conditions for the physical handover of the property

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

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

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 blocks and notarization requirements

Optional Sections

1. Mortgage and Financing: Include when buyer is obtaining mortgage financing, specifying conditions and requirements

2. Condition Precedents: Include when completion is subject to specific conditions (e.g., mortgage approval, building inspection)

3. Property Management: Include for apartments in managed complexes, detailing ongoing management arrangements

4. Parking and Storage: Include when separate parking spaces or storage units are part of the sale

5. Renovation and Alterations: Include when specific renovations are agreed upon as part of the sale

6. Common Areas: Include detailed provisions about common areas when selling within a larger complex

7. Energy Performance: Include when specific energy performance guarantees or certificates are part of the transaction

8. Pre-emptive Rights: Include when other parties (e.g., co-owners) have pre-emptive rights to purchase

Suggested Schedules

1. Floor Plan: Detailed floor plan of the apartment and any associated areas

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

3. Inventory List: Detailed list of fixtures, fittings, and any furniture included in the sale

4. Property Photos: Documentation of the property's condition at time of sale

5. Energy Performance Certificate: Current energy performance certificate (Energieausweis)

6. Building Inspection Report: Technical inspection report if conducted

7. Property Rules: House rules and regulations for the apartment complex

8. Historical Maintenance Records: Documentation of past maintenance and repairs

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

Property Development

Banking & Finance

Legal Services

Property Management

Construction

Insurance

Professional Services

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Operations

Sales

Investment

Asset Management

Risk Management

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Manager

Real Estate Developer

Legal Counsel

Mortgage Advisor

Real Estate Investment Manager

Property Valuation Expert

Compliance Officer

Real Estate Transaction Manager

Property Portfolio Manager

Real Estate Operations Director

Contract Administrator

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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