Contract To Sell Property Template for Austria

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Key Requirements PROMPT example:

Contract To Sell Property

"I need a Contract To Sell Property under Austrian law for a commercial warehouse in Vienna, with a phased payment structure and specific environmental compliance warranties, planned for completion by March 2025."

Document background
The Contract To Sell Property is a fundamental legal document used in Austrian real estate transactions to formalize the transfer of property ownership. This document is essential when any party (individual or corporate) wishes to sell real estate in Austria, whether it's residential, commercial, or industrial property. The contract must comply with the Austrian Civil Code (ABGB) and related property laws, incorporating specific requirements for property registration in the land register (Grundbuch). It typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and transfer conditions. The document is particularly important as it serves as the basis for the official property transfer registration and triggers various legal obligations, including tax responsibilities and registration requirements.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement, including specific Austrian legal terminology

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, installments if any, and payment method

6. Transfer of Ownership: Terms for the transfer of title (Eigentumsübertragung) and registration in the land register

7. Handover and Transfer of Risk: Conditions and timing for physical handover of the property and transfer of risk

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

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

10. Registration Authorization: Authorization for land register registration (Aufsandungserklärung)

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

12. Execution: Signature requirements and execution formalities

Optional Sections

1. Mortgage Release: Required if there are existing mortgages to be cleared before or at completion

2. Tenant Provisions: Required if the property is currently leased to tenants

3. Agent Provisions: Required if real estate agents are involved in the transaction

4. Condition Precedents: Optional section for any conditions that must be met before completion

5. Development Rights: Required if there are pending or potential development permits or restrictions

6. Environmental Provisions: Required if there are environmental issues or certifications relevant to the property

7. Utilities and Connections: Optional section detailing the transfer of utility contracts and connections

Suggested Schedules

1. Property Details: Detailed land register extract (Grundbuchauszug) and property plans

2. Property Inventory: List of fixtures, fittings, and other items included in the sale

3. Due Diligence Documents: Copies of relevant permits, certificates, and technical documentation

4. Payment Schedule: If payment is to be made in installments, detailed payment timeline

5. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

6. Property Photos: Documentation of the property's condition at time of contract

7. Building Documentation: Building permits, plans, and technical specifications

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 Industries

Real Estate

Banking & Finance

Legal Services

Construction

Property Development

Hospitality

Retail

Industrial & Manufacturing

Agriculture

Commercial Property Management

Residential Property Management

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Finance

Corporate Development

Operations

Facilities Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Corporate Lawyer

Notary

Property Developer

Investment Manager

Real Estate Investment Analyst

Facility Manager

Commercial Director

Property Acquisition Manager

Real Estate Portfolio Manager

Chief Legal Officer

Compliance Officer

Real Estate Transaction 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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