Land Acquisition Agreement Template for Austria

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Key Requirements PROMPT example:

Land Acquisition Agreement

"I need a Land Acquisition Agreement under Austrian law for purchasing a commercial office building in Vienna, with completion planned for March 2025; the agreement should include specific provisions for existing tenant agreements and building maintenance obligations."

Document background
The Land Acquisition Agreement is a fundamental document in Austrian real estate transactions, used whenever real property is being transferred between parties. This agreement must comply with strict formal requirements under Austrian law, including the Austrian Civil Code (ABGB) and state-specific land transfer regulations. It serves multiple purposes: documenting the terms of sale, securing the parties' rights and obligations, enabling land registry registration, and ensuring compliance with tax and regulatory requirements. The document typically includes comprehensive details about the property, price, payment terms, warranties, and transfer conditions. It requires careful consideration of local land use restrictions, especially for agricultural property or foreign buyers, and must be properly executed to enable registration in the Austrian land registry (Grundbuch).
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and registration details for legal entities

2. Background: Context of the transaction and brief description of the property being transferred

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

4. Property Description: Detailed description of the property including land registry details (Einlagezahl), cadastral number (Grundstücksnummer), property address, and total area

5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Terms and conditions for the transfer of title, including registration requirements and timing

7. Representations and Warranties: Seller's warranties regarding property ownership, encumbrances, and condition

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

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

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

11. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction of Austrian courts

Optional Sections

1. Condition Precedents: Used when the transaction depends on specific conditions being met, such as obtaining financing or regulatory approvals

2. Existing Tenancies: Required when the property is subject to existing lease agreements

3. Environmental Provisions: Included when there are environmental concerns or requirements

4. Agricultural Land Provisions: Required when the property includes agricultural land subject to special regulations

5. Foreign Buyer Provisions: Necessary when the buyer is not an Austrian resident or entity

6. Building Rights: Included when there are existing or planned building rights (Baurecht) on the property

7. Easements and Servitudes: Required when there are existing or new easements affecting the property

8. Development Obligations: Used when there are specific development requirements or restrictions

9. Contamination Clause: Included when there are known or potential contamination issues

Suggested Schedules

1. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

2. Property Plans: Cadastral maps and site plans

3. Due Diligence Reports: Technical, legal, and environmental due diligence reports

4. Existing Contracts: Copies of relevant existing contracts affecting the property

5. Property Documentation: Building permits, certificates, and other relevant property documents

6. Payment Schedule: Detailed schedule of payment terms and conditions

7. Photos and Condition Report: Documentary evidence of the property's condition at transfer

8. Power of Attorney: If applicable, powers of attorney for signing and registration

9. Transfer Tax Declaration: Required forms for real estate transfer tax (Grunderwerbsteuer)

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

Construction

Agriculture

Commercial Property Development

Residential Development

Industrial

Retail

Hospitality

Infrastructure

Energy

Manufacturing

Logistics

Relevant Teams

Legal

Real Estate

Property Development

Corporate Development

Facilities Management

Finance

Compliance

Risk Management

Asset Management

Investment

Operations

Relevant Roles

Real Estate Manager

Property Development Director

Legal Counsel

Corporate Lawyer

Acquisition Manager

Land Development Manager

Real Estate Investment Manager

Property Portfolio Manager

Facilities Manager

Chief Financial Officer

Real Estate Transaction Manager

Development Director

Asset Manager

Compliance Officer

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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