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Home Purchase Agreement
"I need a Home Purchase Agreement for buying a residential property in Vienna, Austria, with an existing tenant whose lease expires in March 2025, and the agreement needs to include specific provisions for delayed handover until the tenant vacates."
1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Brief context of the transaction and property overview
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land register details (Grundbuch) and property address
5. Purchase Price: Purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms for legal transfer of title and registration in land register
7. Representations and Warranties: Seller's warranties about property condition, encumbrances, and legal status
8. Handover Conditions: Terms for physical handover of the property and transfer of possession
9. Costs and Taxes: Allocation of transaction costs, transfer tax, and registration fees
10. Notice and Registration Consent: Consent for land register registration and required notices
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Execution: Signature requirements and notarization provisions
1. Mortgage and Financing: Include when there are existing mortgages to be discharged or new financing arrangements
2. Tenant Provisions: Include when the property is sold with existing tenants
3. Condominium Provisions: Include for properties under the Wohnungseigentumsgesetz
4. Environmental Conditions: Include when there are known environmental issues or requirements
5. Construction Requirements: Include when property includes incomplete construction or required renovations
6. Agent Provisions: Include when real estate agents are involved in the transaction
7. Right of Withdrawal: Include when one party is a consumer under KSchG
8. Pre-emption Rights: Include when there are existing pre-emption rights to be addressed
1. Property Plan: Official cadastral plan and property boundaries
2. Land Register Extract: Current land register extract (Grundbuchauszug)
3. Property Photographs: Current photographs documenting property condition
4. Inventory List: List of included fixtures, fittings, and furniture if applicable
5. Energy Performance Certificate: Mandatory energy performance certificate (Energieausweis)
6. Building Permits: Copies of relevant building permits and certificates
7. Property Inspection Report: Technical inspection reports if conducted
8. Payment Schedule: Detailed schedule of payment installments if applicable
Authors
Property
Completion Date
Completion
Purchase Price
Deposit
Land Register (Grundbuch)
Land Register Extract (Grundbuchauszug)
Cadastral Number (Einlagezahl)
Property Registry Number (Grundstücksnummer)
Encumbrances
Transfer Date
Handover Date
Handover Protocol
Notarial Deed
Transfer Tax (Grunderwerbsteuer)
Registration Fee (Eintragungsgebühr)
Seller's Warranties
Property Title
Permitted Use
Building Permits
Energy Performance Certificate (Energieausweis)
Fixtures and Fittings
Common Areas
Exclusive Use Areas
Transfer of Ownership Declaration (Aufsandungserklärung)
Mortgage
Existing Tenancies
Business Day
Force Majeure
Material Adverse Change
Condition Precedent
Condition Subsequent
Relevant Authority
Associated Rights
Due Diligence
Signing Date
Purchase Price
Payment Terms
Title Transfer
Property Registration
Warranties and Representations
Property Condition
Encumbrances
Due Diligence
Handover
Tax Obligations
Cost Allocation
Insurance
Risk Transfer
Default
Force Majeure
Indemnification
Notarization
Land Register Consent
Existing Tenancies
Utilities and Services
Environmental Matters
Building Compliance
Pre-emption Rights
Mortgage Discharge
Consumer Protection
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Assignment
Amendment
Counterparts
Time of Essence
Real Estate
Legal Services
Banking & Finance
Construction
Property Development
Insurance
Public Administration
Professional Services
Residential Property
Commercial Property
Legal
Real Estate
Compliance
Finance
Property Management
Risk Management
Sales
Commercial
Operations
Business Development
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Legal Counsel
Conveyancer
Property Developer
Mortgage Advisor
Real Estate Investment Manager
Property Surveyor
Compliance Officer
Tax Advisor
Real Estate Portfolio Manager
Property Valuation Specialist
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