Lease Purchase Agreement Template for Austria

The Lease Purchase Agreement (Mietkaufvertrag) is commonly used in Austria when parties wish to structure a purchase through an initial lease period, typically to spread the cost of acquisition over time or for tax efficiency. This contract type is particularly useful in both commercial and residential contexts, offering flexibility in asset acquisition while providing security for both parties. The document must comply with Austrian legal requirements, including the ABGB, Consumer Protection Act (if applicable), and relevant tax laws. It typically includes detailed provisions on payment terms, maintenance obligations, insurance requirements, and the specific conditions for transferring ownership. This agreement type is especially relevant when the purchaser wants to use the asset immediately but prefers or needs to defer full payment or ownership transfer for financial, tax, or strategic reasons.

1. Parties: Identification of the lessor/seller and lessee/purchaser with full legal names and addresses

2. Background: Context of the agreement and brief description of the transaction structure

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

4. Object of Agreement: Detailed description of the property/asset subject to the lease purchase agreement

5. Lease Term: Duration of the lease period before purchase option becomes exercisable

6. Lease Payments: Amount, frequency, and terms of lease payments, including how they contribute to the purchase price

7. Purchase Option: Terms and conditions for exercising the purchase option, including the final purchase price calculation

8. Maintenance and Usage: Responsibilities for maintenance, repairs, and permitted use of the property during the lease period

9. Insurance and Risk: Insurance requirements and allocation of risk during the lease period

10. Transfer of Ownership: Process and conditions for the transfer of ownership upon exercise of the purchase option

11. Default and Termination: Events of default, remedies, and termination provisions

12. Taxes and Costs: Allocation of taxes, registration fees, and other costs

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

14. Notices: Process and addresses for formal communications between parties

15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments