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Real Estate Sales Contract For Sale By Owner

Real Estate Sales Contract For Sale By Owner Template for Austria

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Key Requirements PROMPT example:

Real Estate Sales Contract For Sale By Owner

"I need a Real Estate Sales Contract For Sale By Owner for my Vienna apartment sale, closing in March 2025, which needs to include specific provisions for the existing tenant's rights and the transfer of the solar panel installation on the roof."

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Document background
The Real Estate Sales Contract For Sale By Owner is essential for private property transactions in Austria where owners choose to sell their property directly without real estate agent intermediation. This document type is particularly relevant in the Austrian real estate market, where direct sales can offer cost savings but require careful attention to legal compliance. The contract must adhere to strict Austrian legal requirements, including the ABGB, Grundbuchsgesetz, and relevant tax regulations. It encompasses crucial elements such as property details, purchase price, payment terms, and transfer conditions, while ensuring all necessary provisions for land registry registration are included. This document type is commonly used for both residential and commercial properties, requiring notarization and specific formatting to meet Austrian legal standards for property transfers.
Suggested Sections

1. Parties: Identification of seller and buyer with full legal names, birth dates, and addresses as required for Austrian land registry

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

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed property description including land registry details (Grundbuch data), property address, and cadastral number

5. Purchase Price: Agreement on purchase price, payment terms, and escrow arrangements

6. Payment Terms: Detailed structure of payments, including deposit and final payment arrangements

7. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements

8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status

9. Handover Conditions: Terms for physical handover of the property and transfer of utilities

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

11. Registration Authorization: Authorization for land registry registration (Aufsandungserklärung)

12. Governing Law: Confirmation of Austrian law application and jurisdiction

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. Mortgage Release: Required if property has existing mortgages that need to be cleared

2. Condition Precedents: Include if sale is subject to specific conditions like financing or permits

3. Property Management: Include if property is part of a managed complex with specific obligations

4. Tenant Provisions: Required if property is currently leased to tenants

5. Defects and Remedies: Detailed section on known defects and remedy procedures

6. Energy Certificate: Required if property falls under energy certification requirements

7. Construction Provisions: Include if property involves incomplete construction or planned renovations

8. Right of Withdrawal: Required if one party is a consumer under KSchG

Suggested Schedules

1. Property Extract: Current land registry extract (Grundbuchauszug)

2. Floor Plans: Official floor plans and property measurements

3. Property Photos: Documented current condition of property

4. Inventory List: List of items included/excluded in sale

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

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

7. Property Tax Records: Recent property tax assessments and payments

8. Utility Information: Current utility contracts and consumption information

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Purchase Price
Closing Date
Handover Date
Land Registry
Grundbuch
Cadastral Number
Property Register Extract
Aufsandungserklärung
Deposit
Encumbrances
Transfer of Ownership
Notarial Deed
Business Day
Completion
Due Diligence Period
Energy Certificate
Fixed Fixtures
Movable Items
Title Deed
Purchase Tax
Registration Fee
Notarization Date
Property Documents
Utilities
Building Permits
Easements
Land Use Designation
Property Boundaries
Signing Date
Effective Date
Force Majeure
Material Adverse Change
Permitted Use
Transfer Tax
Warranty Period
Clauses
Property Identification
Purchase Price
Payment Terms
Transfer of Ownership
Title Guarantee
Property Condition
Warranties and Representations
Land Registry Registration
Tax Obligations
Costs and Expenses
Due Diligence
Property Handover
Utilities Transfer
Encumbrances
Default and Remedies
Force Majeure
Notarization Requirements
Governing Law
Dispute Resolution
Entire Agreement
Severability
Assignment
Notices
Amendment
Survival
Risk Transfer
Insurance
Property Access
Environmental Compliance
Building Regulations
Energy Certificate
Third Party Rights
Termination
Relevant Industries

Residential Real Estate

Commercial Real Estate

Real Estate Development

Property Management

Banking and Finance

Legal Services

Construction

Property Investment

Urban Development

Real Estate Technology

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Tax

Operations

Investment

Risk Management

Documentation

Relevant Roles

Property Owner

Real Estate Lawyer

Legal Counsel

Notary Public

Property Manager

Real Estate Developer

Investment Manager

Tax Advisor

Compliance Officer

Legal Administrator

Property Surveyor

Real Estate Investment Director

Corporate Counsel

Real Estate Transaction Manager

Property Operations Manager

Industries
ABGB (Allgemeines Bürgerliches Gesetzbuch): Austrian Civil Code, particularly §§ 1053-1089 concerning purchase contracts and §§ 431-446 regarding property transfer and registration requirements
Grundbuchsgesetz (GBG): Land Register Act - Governs the registration of real estate ownership and encumbrances in the land register
Grunderwerbsteuergesetz (GrEStG): Real Estate Transfer Tax Act - Regulates the taxation aspects of real estate transfers
Notariatsordnung (NO): Notarial Act - Specifies requirements for notarial authentication of signatures for real estate contracts
Konsumentenschutzgesetz (KSchG): Consumer Protection Act - Applies if one party is a consumer, providing additional protection and requirements
Maklergesetz: Broker Act - Relevant if any real estate agents are involved in the transaction
Bauträgervertragsgesetz (BTVG): Developer Contract Act - May be relevant if the property is not yet constructed or is under construction
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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