The Deed of Purchase and Sale (Kaufvertrag) is a fundamental legal document used in Austrian real estate transactions to transfer property ownership. It is required whenever real property is bought or sold in Austria, whether for residential, commercial, or industrial purposes. The document must comply with the Austrian Civil Code (ABGB), Land Registry Act, and various other regulations governing property transfers. It includes essential elements such as precise property description, purchase price, payment terms, and transfer conditions. The deed requires notarization to be legally valid and serves as the basis for registration in the land registry (Grundbuch). This document type is particularly important as it forms the legal foundation for property ownership transfer and must address all aspects of the transaction, including tax implications and any special conditions affecting the property.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and any registration numbers for legal entities
2. Background: Context of the sale and current ownership status of the property
3. Definitions: Key terms used throughout the deed, including 'Property', 'Purchase Price', 'Completion Date'
4. Property Description: Detailed description of the property including land registry details, property address, and cadastral number
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms regarding the transfer of title and registration in the land registry
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Handover and Possession: Terms for physical handover of the property and transfer of possession
9. Costs and Taxes: Allocation of transfer taxes, registration fees, and other transaction costs
10. Notarization: Acknowledgment of notarization requirement and related provisions
11. Governing Law: Confirmation of Austrian law application and jurisdiction
12. Execution: Formal execution requirements and signature blocks
1. Mortgage Provisions: Include when there's an existing mortgage to be discharged or new mortgage to be registered
2. Special Conditions: For any special arrangements or conditions specific to the transaction
3. Foreign Buyer Provisions: Required when purchaser is not an Austrian resident, addressing Grundverkehrsgesetz requirements
4. Tenant Provisions: Include when property is subject to existing tenancies
5. Development Conditions: Include when property is subject to development restrictions or requirements
6. Environmental Provisions: Include when there are environmental issues or considerations
7. Agricultural Land Provisions: Required when the property includes agricultural land subject to special regulations
1. Property Plan: Cadastral plan and property boundaries
2. Land Registry Extract: Current land registry extract (Grundbuchauszug) showing ownership and encumbrances
3. Inventory List: List of included fixtures, fittings, and other items included in the sale
4. Building Permits: Copies of relevant building permits and certificates
5. Energy Certificate: Energy performance certificate (Energieausweis) as required by law
6. Payment Schedule: Detailed breakdown of payment installments if applicable
7. Property Photographs: Documentary photographs of the property condition at time of sale
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