Home Purchase Agreement Template for Austria

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Key Requirements PROMPT example:

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."

Document background
The Home Purchase Agreement (Kaufvertrag für Immobilien) is a fundamental legal document used in Austrian real estate transactions. It is essential for documenting the transfer of property ownership between parties and must comply with strict formal requirements under Austrian law. The agreement is typically used when selling or purchasing residential or commercial properties in Austria and must be notarized to be legally valid. It includes crucial information about the property, parties involved, purchase price, payment terms, and specific provisions required by Austrian property law. The document serves as the basis for land register registration and calculation of transfer taxes. It is drafted in accordance with the Austrian Civil Code (ABGB), Land Register Act (GBG), and other relevant legislation, making it a crucial document for ensuring legal certainty in 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 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

Optional Sections

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

Suggested Schedules

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

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

Construction

Property Development

Insurance

Public Administration

Professional Services

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Risk Management

Sales

Commercial

Operations

Business Development

Relevant Roles

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

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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