Real Estate Contract Cancellation Form Template for Austria

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Key Requirements PROMPT example:

Real Estate Contract Cancellation Form

"I need a Real Estate Contract Cancellation Form under Austrian law for mutually terminating a residential property purchase agreement signed in January 2025, where both parties have agreed to reverse the transaction due to financing issues."

Document background
The Real Estate Contract Cancellation Form is a crucial document used in Austrian property transactions when parties need to terminate their real estate purchase agreement. It is designed to comply with Austrian civil law requirements, particularly the ABGB (Austrian Civil Code) and relevant property legislation. This document is essential when either party exercises their legal right to cancel the contract, whether through mutual agreement or unilateral termination where permitted by law. The form addresses critical elements including property details, financial settlements, tax implications, and necessary formal requirements for the cancellation to be legally effective. It is particularly relevant in situations involving consumer protection rights, development project cancellations, or when material changes affect the original transaction terms.
Suggested Sections

1. Contract Identification: Details of the original real estate contract including date, parties, and property description

2. Parties: Full legal names and addresses of all parties to the cancellation (typically the original buyer and seller)

3. Cancellation Declaration: Clear statement of contract cancellation and the effective date

4. Legal Basis: Citation of the legal grounds for cancellation under Austrian law (specific ABGB provisions or other applicable laws)

5. Financial Settlement: Terms for the return of any deposits, payments, or other financial considerations

6. Property Status: Declaration regarding the current state of the property and any requirements for restoration or handover

7. Execution Requirements: Formal requirements for the cancellation to take effect, including any necessary notarization

Optional Sections

1. Mutual Release: Optional mutual release of claims between parties, used when the cancellation is by mutual agreement

2. Third Party Rights: Section addressing any third-party rights or claims, needed if there are mortgages, liens, or other encumbrances

3. Tax Implications: Section addressing ImmoESt (real estate transfer tax) implications, required if property transfer was already registered

4. Rental Provisions: Required if the property is currently rented and tenant rights need to be addressed

5. Developer Specific Terms: Required for cancellations involving property development contracts under BTVG

Suggested Schedules

1. Original Contract: Copy of the original real estate contract being cancelled

2. Property Documentation: Current land register extract (Grundbuchauszug) and property details

3. Financial Statement: Detailed statement of all payments made and to be returned

4. Property Condition Report: Documentation of the current property condition, if relevant to the cancellation

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 Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Property Management

Notarial Services

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Administration

Contract Management

Risk Management

Property Development

Relevant Roles

Real Estate Agent

Property Lawyer

Legal Counsel

Notary Public

Property Developer

Contract Manager

Real Estate Manager

Compliance Officer

Property Transaction Specialist

Real Estate Administrator

Legal Administrator

Real Estate Broker

Property Sales Manager

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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