The Private Car Sale Agreement is a crucial document used in Austria for the legal transfer of vehicle ownership between private parties. It serves as a comprehensive record of the transaction, protecting both buyer and seller's interests under Austrian law. The agreement should be used whenever a private individual sells their vehicle to another private party, ensuring compliance with the Austrian Civil Code (ABGB) and Motor Vehicles Act (KFG). It includes essential information such as vehicle details, price, payment terms, warranties, and transfer conditions. The document helps prevent future disputes by clearly documenting the vehicle's condition and terms of sale, while also facilitating proper registration transfer with Austrian authorities.
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1. Parties: Identification and contact details of the seller and buyer including full names, addresses, and identification numbers
2. Background: Brief context of the sale and confirmation that the seller is the legal owner of the vehicle
3. Definitions: Key terms used in the agreement including 'Vehicle', 'Purchase Price', 'Completion Date'
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, registration number, mileage, and color
5. Purchase Price and Payment: Agreed purchase price, payment method, and payment schedule if applicable
6. Seller's Warranties: Seller's declarations regarding vehicle ownership, condition, and absence of liens or encumbrances
7. Transfer of Ownership: Terms and process for transferring vehicle ownership and registration
8. Completion: Details of when and where the vehicle handover will take place
9. Governing Law: Confirmation that the agreement is governed by Austrian law
1. Condition Report: Detailed description of the vehicle's current condition, including any known defects - recommended when selling older vehicles or vehicles with known issues
2. Insurance Arrangements: Details of insurance transfer or termination - include when specific insurance arrangements need to be documented
3. Payment in Installments: Terms for payment by installments - include only if the purchase price is not paid in full at completion
4. Third-Party Rights: Declaration of any third-party interests or rights - include if there are any financing agreements or liens
5. Dispute Resolution: Specific procedures for handling disputes - recommended for higher-value vehicles
1. Vehicle Documentation: Copies of vehicle registration papers, service history, and technical inspection certificates
2. Condition Report Photos: Dated photographs documenting the vehicle's condition at the time of sale
3. Service History: Detailed record of maintenance and repairs
4. Previous Owner Documentation: If available, documentation showing chain of ownership
5. Vehicle Handover Checklist: List of items to be checked and confirmed during vehicle handover
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