Option Agreement (Real Estate) Template for Austria

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Key Requirements PROMPT example:

Option Agreement (Real Estate)

"I need a Real Estate Option Agreement for a commercial property in Vienna's business district, giving our development company a 12-month option to purchase the property, with the option period starting March 1, 2025, and including specific provisions for conducting environmental assessments."

Document background
The Option Agreement (Real Estate) is a crucial document in Austrian real estate transactions, providing flexibility and security in property dealings. It is commonly used when parties wish to secure future purchase or sale rights while maintaining time for due diligence, financing arrangements, or strategic planning. This agreement type is particularly valuable in commercial real estate development, investment projects, or complex property transactions where parties need time to align various aspects of the deal. Under Austrian law, these agreements must be properly formalized through a notarial deed and comply with strict form requirements. The document typically includes detailed property descriptions, pricing mechanisms, exercise procedures, and conditions precedent, while accounting for Austrian-specific legal requirements such as land register regulations and real estate transfer tax considerations.
Suggested Sections

1. Parties: Identification and details of the Option Grantor and Option Holder

2. Background: Context of the agreement and relationship between the parties

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

4. Property Description: Detailed description of the real estate property subject to the option

5. Grant of Option: Core terms of the option right, including whether it's a put, call, or both

6. Option Period: Duration of the option and any conditions affecting its term

7. Option Price: The price for acquiring the option right itself

8. Purchase Price: The agreed price for the property when the option is exercised

9. Exercise of Option: Process and formalities for exercising the option

10. Conditions Precedent: Any conditions that must be fulfilled before the option can be exercised

11. Representations and Warranties: Statements of fact and guarantees by both parties

12. Costs and Taxes: Allocation of transaction costs and tax obligations

13. Notices: Communication procedures between parties

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

Optional Sections

1. Due Diligence: Terms regarding property inspection and review rights, used when due diligence period is granted

2. Financing Conditions: Include when the option exercise is subject to securing financing

3. Property Management: Terms for property maintenance during the option period, relevant for longer option terms

4. Assignment Rights: Include when parties want to specifically address transfer of option rights

5. Break Clauses: Early termination provisions, included for longer-term options

6. Consumer Protection Clauses: Required when one party is a consumer under Austrian law

7. Broker Provisions: Include when real estate agents are involved in the transaction

Suggested Schedules

1. Property Details: Detailed property description, including land register extract (Grundbuchauszug)

2. Title Documents: Copies of relevant property ownership documents

3. Property Plans: Site plans, floor plans, and relevant property drawings

4. Form of Exercise Notice: Template for the formal option exercise notice

5. Purchase Agreement Draft: Draft of the purchase agreement to be executed upon option exercise

6. Due Diligence Documents: List of available property documentation and inspection reports

7. Encumbrances Schedule: List of existing mortgages, easements, or other encumbrances

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

Property Development

Commercial Property

Residential Property

Construction

Investment

Banking & Finance

Hospitality

Retail

Industrial & Logistics

Agriculture

Urban Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Finance

Commercial

Asset Management

Risk Management

Property Management

Corporate Development

Relevant Roles

Real Estate Lawyer

Property Developer

Investment Manager

Real Estate Agent

Property Manager

Legal Counsel

Notary Public

Commercial Director

Development Director

Asset Manager

Investment Analyst

Real Estate Portfolio Manager

Property Acquisition Manager

Chief Financial Officer

Real Estate Investment Director

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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