Contract To Sell And Contract Of Sale Template for Austria

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Key Requirements PROMPT example:

Contract To Sell And Contract Of Sale

"I need an Austrian Contract to Sell and Contract of Sale for a residential property purchase in Vienna, with a promise to sell effective March 1, 2025, and final sale completion by June 30, 2025, including provisions for mortgage financing and property inspection."

Document background
The Contract to Sell and Contract of Sale is a sophisticated legal instrument used in Austrian business and commercial transactions where parties wish to formalize both a commitment to sell and the actual sale conditions in a single document. This type of agreement is particularly useful when the sale cannot or should not be completed immediately, but parties want to secure their rights and obligations regarding the future transfer. The document is governed by Austrian law, particularly the ABGB (Austrian Civil Code), and may require notarization depending on the subject matter. It includes detailed provisions about the sale object, price, payment terms, conditions precedent, warranties, and transfer mechanics. This format is commonly used in complex property or asset transfers, especially when regulatory approvals, financing arrangements, or due diligence periods are required before final transfer.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the transaction, relationship between parties, and purpose of the agreement

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

4. Object of Sale: Detailed description of the property or goods being sold

5. Promise to Sell and Purchase: Terms and conditions of the promise to sell, including any conditions precedent

6. Purchase Price and Payment Terms: Agreed price, payment schedule, and payment methods

7. Conditions for Transfer of Ownership: Specific conditions that must be met for the transfer of ownership to occur

8. Transfer of Risk: When and how risk transfers from seller to buyer

9. Warranties and Representations: Standard warranties about ownership, condition, and quality of the sale object

10. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of the sale object

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

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

13. Signatures: Execution blocks for all parties

Optional Sections

1. Real Estate Provisions: Additional provisions required for real estate transactions, including land registry requirements

2. Consumer Protection Clauses: Required when one party is a consumer, including withdrawal rights under KSchG

3. Financing Conditions: Terms related to external financing or installment payments

4. Insurance Requirements: Specific insurance obligations during the interim period

5. Due Diligence: Process and conditions for buyer's investigation of the sale object

6. Third Party Consents: Requirements for obtaining necessary third party approvals

7. Tax Provisions: Specific tax considerations and allocations

8. Broker Provisions: Terms relating to real estate or business brokers if involved

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property or goods being sold

2. Payment Schedule: Detailed breakdown of payment installments and timing

3. Due Diligence Documents: List of documents provided for buyer's review

4. Encumbrances Schedule: List of any existing liens, mortgages, or other encumbrances

5. Condition Report: Current condition of the sale object, including any known defects

6. Required Consents: List of required third-party or regulatory approvals

7. Transfer Documents: Forms and documents required for the final transfer

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

Manufacturing

Retail

Agriculture

Technology

Construction

Industrial Equipment

Automotive

Consumer Goods

Professional Services

Energy

Raw Materials

Logistics

Art and Collectibles

Relevant Teams

Legal

Sales

Procurement

Real Estate

Compliance

Operations

Risk Management

Corporate Development

Finance

Business Development

Asset Management

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Procurement Manager

Real Estate Manager

Corporate Lawyer

Compliance Officer

Property Manager

Asset Manager

Commercial Director

Chief Legal Officer

Transaction Manager

Operations Manager

Risk 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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