Lease Agreement With Option To Purchase (Real Estate) Template for Austria

The Lease Agreement With Option To Purchase (Real Estate) is a specialized legal instrument used in Austrian real estate transactions where parties wish to combine a rental arrangement with a future purchase possibility. This document type is particularly valuable when potential buyers want to occupy and evaluate a property before committing to purchase, or when they need time to arrange financing. It provides protection for both landlord/seller and tenant/buyer interests under Austrian law, incorporating requirements from the ABGB, MRG, and real estate transfer regulations. The agreement typically spans both the initial lease period and the option term, detailing rent payments, maintenance responsibilities, purchase price determination, and option exercise procedures. It's commonly used in both residential and commercial contexts, requiring careful consideration of property registration requirements, tax implications, and consumer protection regulations where applicable.

1. Parties: Identification of the Landlord/Potential Seller and Tenant/Potential Buyer with full legal names and addresses

2. Background: Context of the agreement, including property description and parties' intention to enter into both lease and potential purchase arrangements

3. Definitions: Key terms used throughout the agreement, including Property, Lease Period, Option Period, Purchase Price, etc.

4. Property Description: Detailed description of the leased property, including address, land register details, and included fixtures/fittings

5. Lease Terms: Core lease provisions including duration, rent amount, payment terms, and security deposit

6. Use of Property: Permitted uses, maintenance obligations, and restrictions on property modifications

7. Insurance and Utilities: Requirements for insurance coverage and responsibility for utility costs

8. Option to Purchase: Terms of the purchase option, including option period, exercise process, and purchase price calculation

9. Exercise of Option: Procedure for exercising the purchase option, including notice requirements and timelines

10. Purchase Completion: Process and requirements for completing the purchase if option is exercised

11. Termination: Conditions and procedures for terminating the lease and/or purchase option

12. Notices: Requirements for formal communications between parties

13. Governing Law: Specification of Austrian law as governing law and jurisdiction