Contract For Selling A House By Owner Template for Austria

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Key Requirements PROMPT example:

Contract For Selling A House By Owner

"I need a Contract For Selling A House By Owner for my Vienna property, with completion planned for March 2025, including specific provisions for a staggered payment schedule with 20% deposit."

Document background
The Contract For Selling A House By Owner is a crucial legal instrument in Austrian real estate transactions, designed for private property owners who wish to sell their residential property directly to buyers without real estate agent involvement. This document type must comply with strict Austrian legal requirements, including mandatory notarization under the Notariatsaktsgesetz and registration in the land register (Grundbuch). It's particularly relevant when sellers want to maintain direct control over the sale process while ensuring all legal obligations are met. The contract must address specific Austrian property law requirements, including those set forth in the ABGB (Austrian Civil Code), and include provisions for property transfer tax (Grunderwerbsteuer) and other mandatory elements of Austrian property transactions.
Suggested Sections

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

2. Background: Brief context of the sale and confirmation of seller's ownership

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

4. Property Description: Detailed description of the property including land register details (Grundbuch), property address, cadastral number, and size

5. Purchase Price: Specified purchase price, payment terms, and payment schedule

6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration in the land register

7. Handover Conditions: Specific conditions for the physical handover of the property, including timing and process

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

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

10. Risk Transfer: Provisions regarding transfer of risk and insurance responsibilities

11. Governing Law: Confirmation of Austrian law governance and jurisdiction

12. Execution: Signature requirements and notarization provisions

Optional Sections

1. Existing Tenancies: Required if there are current tenants, addressing continuation or termination of lease agreements

2. Mortgage Provisions: Required if there are existing mortgages to be discharged or new mortgages to be registered

3. Condition Precedents: Include if completion is subject to specific conditions like mortgage approval or regulatory clearances

4. Property Management: Required for properties in managed complexes or with shared facilities

5. Environmental Matters: Include if there are specific environmental considerations or requirements

6. Development Rights: Include if there are existing or potential development rights or restrictions

7. Fixtures and Fittings: Detailed if specific items are included or excluded from the sale

Suggested Schedules

1. Property Plan: Official cadastral plan and property boundaries

2. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances

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

4. Property Certificates: Energy performance certificate and other relevant property certificates

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

6. Utility Certificates: Certificates confirming proper installation and safety of utilities

7. Property Photos: Documented condition of the property at time of contract

8. Payment Schedule: Detailed schedule of payment installments if applicable

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

Banking & Finance

Property Development

Construction

Insurance

Professional Services

Public Administration

Property Management

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Services

Documentation

Finance

Operations

Customer Relations

Advisory Services

Relevant Roles

Property Owner

Home Buyer

Real Estate Lawyer

Notary Public

Property Manager

Bank Manager

Mortgage Advisor

Legal Counsel

Property Surveyor

Tax Consultant

Compliance Officer

Risk Manager

Title Insurance Specialist

Property Valuation Expert

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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