The Residential Purchase Agreement is a critical legal document used in Austrian property transactions to formalize the sale and purchase of residential real estate. It serves as the primary contract between the seller and buyer, establishing their respective rights and obligations under Austrian law. This document is essential when transferring ownership of houses, apartments, or other residential properties in Austria, and must comply with the Austrian Civil Code (ABGB), Land Register Act (GBG), and other relevant legislation. The agreement typically includes detailed property descriptions, purchase price and payment terms, conditions for ownership transfer, warranties, and specific provisions required by Austrian property law. It's particularly important as it forms the basis for the land registry entry (Grundbuch) and ensures all aspects of the property transfer are properly documented and legally binding.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the property including land register details (Grundbuch), property address, and cadastral number
5. Purchase Price: Specified purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration in the land register
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Handover and Transfer of Risk: Timing and conditions for physical handover of the property and transfer of risk
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
10. Default and Remedies: Consequences of breach and available remedies for both parties
11. Notices: Communication procedures between parties
12. Governing Law: Confirmation of Austrian law application and jurisdiction
13. Execution: Signature requirements and execution formalities
1. Mortgage and Financing: Required if there are existing mortgages to be discharged or new financing arrangements
2. Condominium Provisions: Required for apartments under the Wohnungseigentumsgesetz, including common areas and ownership shares
3. Construction Completion: Required for properties under construction, incorporating BTVG requirements
4. Tenant Rights: Required if the property is currently leased to tenants
5. Environmental Provisions: Required if there are known environmental issues or contamination
6. Heritage Protection: Required for properties under historical monument protection
7. Special Use Rights: Required if there are easements or special use rights affecting the property
8. Agent Provisions: Required if real estate agents are involved in the transaction
1. Property Details: Detailed land register extract (Grundbuchauszug) and cadastral information
2. Property Plans: Floor plans, site plans, and relevant building plans
3. Inventory List: List of included fixtures, fittings, and furniture if applicable
4. Due Diligence Documents: Property inspection reports, energy certificate, and building permits
5. Payment Schedule: Detailed breakdown of payment installments and timing
6. Encumbrances: List of existing encumbrances, easements, and restrictions
7. Handover Protocol: Template for recording the physical handover of the property
8. Land Register Application: Draft application for registration of ownership transfer
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