The Offer To Purchase Real Estate Form is a crucial document in Austrian property transactions, used when a potential buyer wishes to formalize their intent to purchase real estate. This document, governed by Austrian civil law (ABGB) and real estate regulations, serves as the preliminary step in property acquisition. It includes essential details such as property description, purchase price, payment terms, conditions precedent, and due diligence requirements. The form must comply with Austrian land registry requirements (Grundbuchsgesetz) and may need to address additional regulations such as the Property Developer Contract Act (BTVG) for properties under construction or specific state land transfer laws. It's designed to protect both buyer and seller interests while ensuring compliance with Austrian property transfer requirements.
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1. Parties: Identification of the potential buyer (offeror) and seller (offeree) including full legal names, addresses, and identification numbers
2. Background: Brief context of the offer and property transaction
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed description of the real estate including address, land registry details (Grundbuch), parcel numbers, and property size
5. Purchase Price: Proposed purchase price, payment terms, and deposit details
6. Payment Terms: Structure and timing of payments, including deposit, down payment, and final payment arrangements
7. Due Diligence Period: Timeframe and conditions for property inspection, document review, and technical assessment
8. Conditions Precedent: Conditions that must be met before the purchase can proceed, including financing and regulatory approvals
9. Closing Terms: Proposed closing date and essential requirements for completion
10. Property Transfer: Process and requirements for legal transfer of the property
11. Representations and Warranties: Basic declarations about the offeror's capacity and authority to make the purchase
12. Offer Validity: Duration for which the offer remains valid and binding
13. Governing Law: Confirmation of Austrian law application and jurisdiction
14. Signature: Execution block with date and signature requirements
1. Financing Contingency: Details of financing arrangements and conditions, used when purchase depends on securing specific financing
2. Property Management: Interim property management arrangements, used for income-producing properties
3. Existing Tenancies: Details of current lease agreements and tenant rights, used when property is subject to existing tenancies
4. Foreign Investment: Additional requirements and approvals for foreign buyers, used when purchaser is not an Austrian resident
5. Construction Completion: Specific provisions for properties under construction, used when subject to BTVG
6. Agricultural Land Provisions: Special requirements for agricultural property transfers, used when property is classified as agricultural
7. Broker Provisions: Details of broker involvement and fees, used when transaction involves real estate brokers
1. Property Details Schedule: Comprehensive property information including exact measurements, boundaries, and included fixtures
2. Land Registry Extract: Current Grundbuchauszug showing ownership and encumbrances
3. Due Diligence Checklist: List of required documents and inspections
4. Payment Schedule: Detailed breakdown of payment terms and dates
5. Property Condition Report: Current condition assessment and any known defects
6. Property Plans: Official site plans and building drawings
7. Existing Encumbrances: List of current mortgages, easements, or other registered rights
8. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
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