Cancellation Agreement (Real Estate) Template for Austria

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Key Requirements PROMPT example:

Cancellation Agreement (Real Estate)

"I need a Cancellation Agreement (Real Estate) for a property in Vienna, Austria where both parties have mutually agreed to reverse the purchase due to financing issues, with the original purchase price of €450,000 to be repaid by March 15, 2025."

Document background
The Real Estate Cancellation Agreement (Cancellation Agreement (Real Estate)) is a vital legal instrument under Austrian law used when parties mutually agree to reverse a property purchase transaction. This document becomes necessary in various situations, such as when conditions precedent aren't met, material defects are discovered, or parties mutually agree to unwind the transaction. It must comply with Austrian Civil Code (ABGB) requirements and includes detailed provisions for financial settlements, property handover, and land register modifications. The agreement ensures proper documentation of the cancellation process, protects both parties' interests, and provides clear instructions for reversing ownership records in the land register. It's particularly important in Austria's highly regulated real estate market, where formal requirements for property transactions are strictly enforced.
Suggested Sections

1. Parties: Identification of all parties involved in the cancellation agreement, including their full legal names, addresses, and registration details if applicable

2. Background: Details of the original purchase agreement, property description, and circumstances leading to the cancellation

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

4. Cancellation Declaration: Formal declaration of both parties' intent to cancel the original purchase agreement

5. Property Details: Comprehensive description of the property including land register details and current condition

6. Financial Settlement: Terms for repayment of the purchase price and handling of any costs incurred

7. Tax Implications: Statement regarding the handling of any tax consequences of the cancellation

8. Land Register Requirements: Specifications for reversing entries in the land register and required documentation

9. Mutual Release: Release of claims and obligations between parties related to the original agreement

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and competent courts

11. Execution: Signature requirements and formal execution provisions

Optional Sections

1. Broker Provisions: Required when a broker was involved in the original transaction, addressing commission refunds or adjustments

2. Mortgage Cancellation: Included when there are existing mortgages that need to be addressed as part of the cancellation

3. Third Party Rights: Needed when there are registered easements, restrictions, or other third-party rights affecting the property

4. Condition Precedents: Including specific conditions that must be met before the cancellation becomes effective

5. Utilities and Services: Required when there are ongoing service contracts or utilities that need to be transferred or cancelled

6. Insurance: Addressing property insurance arrangements during the transition period

7. Costs and Expenses: Detailed breakdown of who bears which costs when these differ from standard arrangements

Suggested Schedules

1. Original Purchase Agreement: Copy of the original purchase agreement being cancelled

2. Current Land Register Extract: Recent extract from the land register showing current ownership and encumbrances

3. Property Handover Protocol: Document detailing the condition and timeline for returning the property

4. Financial Settlement Schedule: Detailed breakdown of all financial settlements including purchase price, costs, and adjustments

5. Required Land Register Forms: Forms required for land register modifications

6. Power of Attorney: If required for executing land register changes or other formal requirements

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
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Construction

Property Management

Professional Services

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Contract Administration

Risk Management

Corporate Services

Finance

Operations

Administrative Services

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Real Estate Agent

Notary Public

Property Developer

Compliance Officer

Real Estate Transaction Manager

Contract Administrator

Legal Operations Manager

Real Estate Portfolio Manager

Title Officer

Property Acquisitions Manager

Real Estate Finance 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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