The Car Sales Agreement Contract is a fundamental legal document used in Austria for documenting the transfer of ownership of a motor vehicle from seller to buyer. This document is essential for both private sales and commercial transactions, ensuring compliance with Austrian legislation including the ABGB, KSchG, and KFG. It should be used whenever a vehicle is being sold, whether between private individuals or involving commercial dealers. The agreement captures crucial information including vehicle details, price, payment terms, warranties, and responsibilities of both parties. It also addresses specific Austrian requirements such as NoVA calculations, registration procedures, and necessary documentation for legal transfer of ownership. For commercial dealers, additional provisions ensure compliance with trade regulations (GewO) and enhanced warranty obligations.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if businesses
2. Background: Brief context of the sale and confirmation that the seller owns the vehicle
3. Definitions: Key terms used throughout the agreement including 'Vehicle', 'Purchase Price', 'Completion Date'
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN, mileage, and condition
5. Purchase Price and Payment: Agreed price, payment method, and payment schedule including any deposits
6. Transfer of Ownership: Terms for the legal transfer of the vehicle in accordance with Austrian KFG requirements
7. Seller's Warranties: Warranties about vehicle condition, ownership, and compliance with Austrian GRUG requirements
8. Buyer's Acknowledgments: Buyer's confirmation of vehicle inspection and acceptance of condition
9. Registration and Documentation: Requirements for vehicle registration transfer and necessary documentation
10. Taxes and Fees: Allocation of NoVA, registration fees, and other applicable taxes
11. Governing Law: Confirmation that the agreement is governed by Austrian law
12. Signatures: Execution blocks for all parties and witnesses if required
1. Financing Terms: Include when the purchase involves financing or installment payments
2. Trade-in Vehicle: Details of any vehicle being traded in as part of the purchase
3. Consumer Protection Rights: Include when selling to a private individual (consumer) under KSchG
4. Commercial Dealer Obligations: Include when seller is a commercial dealer under GewO
5. Insurance Requirements: Include when temporary insurance arrangements are part of the sale
6. Data Protection: Include detailed GDPR compliance terms when personal data processing is extensive
7. Dispute Resolution: Optional mediation or arbitration procedures before court proceedings
1. Vehicle Condition Report: Detailed inspection report including photographs and noted defects
2. Service History: Complete maintenance and repair history of the vehicle
3. Equipment List: Detailed list of included accessories and equipment
4. Previous Owner Declaration: Information about previous ownership if relevant
5. Payment Schedule: If installment payments are agreed, detailed payment timeline
6. Vehicle Documents: List of all documents transferred with the vehicle (registration, manuals, etc.)
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