Real Estate Agreement To Sell Template for Austria

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Key Requirements PROMPT example:

Real Estate Agreement To Sell

"I need a Real Estate Agreement To Sell under Austrian law for a commercial office building in Vienna, with a purchase price of €2.5 million and completion scheduled for March 2025, including special provisions for existing building permits and planned renovations."

Document background
The Real Estate Agreement To Sell is a fundamental document in Austrian property transactions, essential for legally transferring real estate ownership between parties. It must be prepared in accordance with Austrian law, particularly the ABGB (Austrian Civil Code) and Land Register Act. This document is used whenever real estate ownership needs to be transferred in Austria, whether for residential, commercial, or industrial properties. The agreement must be notarized to be legally valid and includes crucial information about the property, parties, purchase price, payment terms, warranties, and transfer conditions. It serves as the basis for the land register entry (Grundbucheintragung) and typically involves consideration of property transfer tax, registration fees, and other statutory requirements specific to Austrian real estate transactions.
Suggested Sections

1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if companies

2. Background: Context of the transaction and brief property description

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

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

5. Purchase Price: Specification of purchase price, payment terms, and payment schedule

6. Payment Terms: Details of how and when payments will be made, including escrow arrangements

7. Transfer of Ownership: Conditions and process for transferring property ownership via the land register

8. Seller's Warranties: Warranties regarding property ownership, encumbrances, and condition

9. Property Condition: Statement of property condition and any known defects

10. Taxes and Costs: Allocation of transfer taxes, registration fees, and other transaction costs

11. Handover: Terms and process for physical handover of the property

12. Notarization: Acknowledgment of requirement for notarization and execution process

13. Governing Law: Confirmation of Austrian law governance and jurisdiction

14. Execution: Signature blocks and notarization requirements

Optional Sections

1. Broker Provisions: Required when a real estate broker is involved, detailing commission arrangements

2. Mortgage Release: Required when existing mortgages need to be cleared before transfer

3. Tenant Provisions: Required when property is sold with existing tenants

4. Construction Completion: Required for properties under construction or requiring specific works before completion

5. Environmental Provisions: Required when environmental issues or contamination are relevant

6. Parking Rights: Required when separate parking rights or garages are included

7. Right of Withdrawal: Required in consumer transactions, detailing statutory withdrawal rights

8. Easements and Rights of Way: Required when specific easements or rights of way affect the property

Suggested Schedules

1. Property Plan: Cadastral extract and property plans

2. Land Register Extract: Current land register extract (Grundbuchauszug)

3. Inventory List: List of included fixtures, fittings, and furniture if applicable

4. Building Permits: Copies of relevant building permits and certificates

5. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

6. Payment Schedule: Detailed schedule of payment installments if applicable

7. Property Photographs: Documentary photographs of property condition

8. Utility Contracts: List of utility contracts and services to be transferred

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

Construction

Banking & Finance

Legal Services

Property Development

Investment & Asset Management

Hospitality

Retail

Industrial & Logistics

Agricultural

Relevant Teams

Legal

Real Estate

Compliance

Finance

Risk Management

Property Management

Investment

Asset Management

Operations

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary

Property Developer

Investment Manager

Asset Manager

Compliance Officer

Real Estate Portfolio Manager

Transaction Manager

Risk Manager

Finance Director

Property Surveyor

Real Estate Analyst

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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