Land Contract Template for Austria

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Key Requirements PROMPT example:

Land Contract

"I need an Austrian Land Contract for purchasing a commercial property in Vienna's 3rd district, with provisions for existing tenant agreements and a planned handover date of March 15, 2025."

Document background
The Land Contract (Grundstückskaufvertrag) is a fundamental legal document in Austrian real estate transactions, used whenever ownership of land or real property is transferred between parties. This document is governed by the Austrian Civil Code (ABGB) and requires mandatory notarization under Austrian law. It is essential for both private and commercial real estate transactions, containing crucial elements such as precise property identification, purchase price, payment terms, and transfer conditions. The contract must be suitable for registration in the Austrian land register (Grundbuch) and comply with local land transfer regulations. It's particularly important when dealing with special categories of land (such as agricultural property) or transactions involving foreign buyers, where additional regulatory requirements may apply.
Suggested Sections

1. Parties (Vertragsparteien): Detailed identification of seller and buyer including full names, addresses, and birth dates/registration numbers

2. Background (Präambel): Context of the sale and current ownership status of the property

3. Definitions (Definitionen): Key terms used throughout the agreement

4. Property Description (Kaufobjekt): Detailed description of the property including land register details, property address, and cadastral number

5. Purchase Price (Kaufpreis): Agreed purchase price, payment terms, and payment schedule

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

7. Handover and Transfer of Risk (Übergabe und Gefahrenübergang): Specifics about when and how the property will be handed over and when risk transfers

8. Warranties (Gewährleistungen): Seller's warranties regarding property condition, encumbrances, and title

9. Taxes and Costs (Steuern und Kosten): Allocation of transfer taxes, registration fees, and other transaction costs

10. Registration Authorization (Grundbuchsermächtigung): Authorization for land register registration and required declarations

11. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Confirmation of Austrian law application and competent court

12. Final Provisions (Schlussbestimmungen): Standard closing provisions including severability and amendments

Optional Sections

1. Mortgage Release (Pfandrechtslöschung): Required when existing mortgages need to be cleared, including process and timing

2. Tenant Provisions (Mietverhältnisse): Required when property is subject to existing tenancies

3. Development Obligations (Bauverplichtungen): Used when the contract includes obligations for future development of the land

4. Agricultural Land Provisions (Grundverkehrsrechtliche Bestimmungen): Required for agricultural land transfers requiring special permissions

5. Foreign Buyer Provisions (Ausländergrundverkehr): Required when the buyer is not an Austrian citizen/resident

6. Easements and Rights (Dienstbarkeiten und Rechte): Required when specific easements or rights need to be created or preserved

7. Environmental Provisions (Umweltrechtliche Bestimmungen): Required when environmental issues or contamination need to be addressed

Suggested Schedules

1. Land Register Extract (Grundbuchauszug): Current official extract from the land register showing ownership and encumbrances

2. Cadastral Map (Katasterplan): Official map showing the property boundaries and location

3. Property Documentation (Objektunterlagen): Building permits, plans, and technical documentation if buildings are included

4. Energy Certificate (Energieausweis): Mandatory energy performance certificate for buildings

5. Payment Schedule (Zahlungsplan): Detailed schedule of payment installments if applicable

6. Property Handover Protocol (Übergabeprotokoll): Template for documenting the condition at handover

7. Due Diligence Documents (Due Diligence Unterlagen): Relevant property inspection reports and technical assessments

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
Relevant Industries

Real Estate

Construction

Agriculture

Commercial Property

Residential Property

Banking & Finance

Legal Services

Property Development

Urban Planning

Tourism & Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Operations

Business Development

Asset Management

Investment

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Investment Manager

Legal Counsel

Compliance Officer

Real Estate Agent

Property Surveyor

Land Registry Officer

Notary Public

Commercial Director

Facilities Manager

Asset Manager

Development Director

Agricultural Land 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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