The Real Estate Offer Form is a crucial document in Austrian property transactions, serving as the formal initiation of a potential property purchase. It is used when a prospective buyer wishes to make a binding offer to purchase real estate in Austria, whether residential or commercial. The document must comply with the Austrian Civil Code (ABGB) and various property-related regulations, including the Consumer Protection Act when applicable. The form typically includes comprehensive details about the property, purchase price, payment terms, conditions precedent, and timing requirements. It creates legal obligations for the offeror upon signing and remains binding for a specified period, during which the seller may accept the offer. This document is essential for ensuring clarity and legal certainty in Austrian real estate transactions.
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1. Parties: Identification of the potential buyer (offeror) and seller, including full legal names, addresses, and any registration numbers for legal entities
2. Property Details: Precise identification of the property including address, land register details (Grundbuch), property number (EZ), cadastral community (KG), and exact description of what is included in the sale
3. Purchase Price: Detailed specification of the offered purchase price, currency, payment terms, and payment schedule
4. Payment Terms: Structure of payments including deposits, escrow arrangements, and financing conditions
5. Binding Period: Duration for which the offer remains valid and binding on the offeror
6. Handover Conditions: Specified date and conditions for the handover of the property
7. Property Condition: Statement regarding the condition in which the property will be transferred
8. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
9. Representations: Basic representations regarding property ownership, encumbrances, and authority to sell
10. Signing: Execution block with date, place, and signatures
1. Financing Condition: To be included when the offer is subject to the buyer obtaining financing - specifies terms and deadlines for securing funding
2. Due Diligence Condition: When buyer requires a period for technical, legal, or financial due diligence
3. Existing Tenancies: Required when the property has existing tenants - details of leases and handling of tenant relationships
4. Construction Requirements: For properties requiring renovation or construction - includes permits and conditions
5. Broker Provisions: When a broker is involved - includes commission details and broker responsibilities
6. Furniture and Fixtures: When the offer includes specific furniture or fixtures - detailed inventory
7. Energy Certificate: Required for buildings - details of energy performance certification
8. Special Usage Rights: For properties with parking, storage, or other special usage rights
1. Property Plan: Floor plans, site plans, or land register extracts showing the property boundaries
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Inventory List: Detailed list of any furniture, fixtures, or equipment included in the offer
4. Photos: Current photographs of the property and any specific features or defects
5. Energy Certificate: Copy of the property's energy performance certificate
6. Building Permits: Copies of relevant building permits or usage approvals
7. Maintenance Records: Documentation of recent maintenance or renovations
8. Existing Lease Agreements: Copies of any current lease agreements affecting the property
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