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Home Buyers Agreement for Austria

Home Buyers Agreement Template for Austria

An Austrian Home Buyers Agreement (Kaufvertrag für Immobilien) is a legally binding document governed by Austrian civil law (ABGB) that formalizes the transfer of real estate property from seller to buyer. This comprehensive agreement outlines the terms and conditions of the property sale, including purchase price, payment terms, property details, warranties, and transfer conditions. The document must comply with Austrian legal requirements for property transactions, including necessary provisions for land register registration (Grundbuch) and consideration of applicable tax regulations. It typically requires notarization and serves as the basis for property ownership transfer in the Austrian legal system.

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What is a Home Buyers Agreement?

The Home Buyers Agreement is a crucial legal document used in Austrian real estate transactions to formalize and secure the purchase and sale of property. This agreement is essential whenever real estate ownership is transferred between parties in Austria, whether for residential or commercial properties. The document must comply with specific requirements under Austrian law, particularly the ABGB (Austrian Civil Code) and the Land Register Act (Grundbuchsgesetz). It includes detailed information about the property, parties involved, purchase price, payment terms, warranties, and conditions for transfer. The agreement serves multiple purposes: it protects both buyer's and seller's interests, ensures legal compliance, facilitates property registration, and addresses tax implications. A properly drafted Home Buyers Agreement is crucial for successful property transactions and must be notarized to be legally valid in Austria.

What sections should be included in a Home Buyers Agreement?

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and registration details if applicable

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

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: The agreed purchase price, payment terms, and payment schedule

6. Transfer of Ownership: Conditions and process for transferring property ownership

7. Representations and Warranties: Seller's declarations about the property's condition, encumbrances, and legal status

8. Property Handover: Terms and conditions for the physical handover of the property

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

10. Registration Authorization: Authorization for land register registration (Aufsandungserklärung)

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

12. Execution: Signature blocks and notarization requirements

What sections are optional to include in a Home Buyers Agreement?

1. Mortgage and Encumbrances: Details of existing mortgages and process for discharge, used when property has existing loans

2. Tenant Provisions: Required when property is currently rented, addressing existing tenancy agreements

3. Construction Completion: Used for properties under construction, including completion timelines and specifications

4. Property Management: Relevant for apartments, addressing building management and common areas

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

6. Parking and Storage: Used when separate parking spaces or storage units are included

7. Utilities and Connections: Details of utility contracts and connections, used for properties with specific utility arrangements

What schedules should be included in a Home Buyers Agreement?

1. Property Plan: Floor plans, site plans, and land register extracts

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

3. Inventory List: List of included fixtures, fittings, and furnishings

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

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

6. Payment Schedule: Detailed payment timeline and installment details

7. Property Inspection Report: Technical inspection reports and condition assessments

8. Property Photos: Documented condition of the property at time of sale

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Legal Services

Banking and Finance

Insurance

Construction

Property Development

Property Management

Professional Services

Residential Housing

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Finance

Risk Management

Customer Relations

Documentation

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Property Developer

Mortgage Advisor

Real Estate Broker

Compliance Officer

Contract Manager

Property Surveyor

Real Estate Investment Manager

Title Insurance Officer

Real Estate Paralegal

Transaction Coordinator

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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