Offer to purchase
1.Offeror and offeree
- 1.1
I/We, Buyer's full name, born on Buyer's date of birth, residing at Buyer's address, hereinafter "the buyer",
List every buyer, and state the shares if you buy together. The land register needs each buyer's date of birth.
- 1.2
hereby make to Seller's full name, Seller's address, or the agent's address, hereinafter "the seller", the following binding offer to buy the property described below.
Write the seller's name as entered in the A2 or B sheet of the land register.
- 1.1
2.Property
- 2.1
The property is Land register description, at Street address of the property, consisting of Description, with all legal and actual accessories.
Copy the data from a current land register extract (Grundbuchsauszug). A flat (Wohnungseigentum) is a share of the property with sole use of one unit.
- 2.2
Optional
The following items are sold with the property: Items sold with the property. They are included in the price.
Keep it when furniture or a kitchen goes with the property, so the contract drafter can list them.
- 2.1
3.Price and payment
- 3.1
The price is EUR Price in euros, in figures (in words: Price in words euros) and is a lump sum.
If the figures and the words differ, a dispute follows. Check both.
- 3.2
The price is to be paid into a trust account of the contract drafter after the purchase contract is signed. The trustee pays it to the seller only when the buyer's ownership is registered in the land register free of charges, except those the buyer takes over.
A notary must enter the trust in the notaries' trust register before the first payment out. Ask for the registration confirmation.
- 3.1
4.Charges and handover
- 4.1
The seller hands over the property free of registered and unregistered charges, except Charges you accept, and with vacant possession, that is free of leases and other third-party rights of use.
Usually only easements seen in the C sheet, such as a right of way. If the property is let and you keep the tenant, replace "bestandfrei" with lease details.
- 4.2
The property is handed over and taken over on Handover date, but not before the full price has been paid to the trustee.
- 4.1
5.Contract drafting, costs and taxes
- 5.1
Contract drafter and trustee is instructed to draft the purchase contract, to act as trustee and to carry out the land register registration.
Name the notary (Notar) or lawyer (Rechtsanwalt) and the office.
- 5.2
The buyer pays the costs of drafting the contract and of the registration, the real estate transfer tax and the land register fee. The seller pays the costs of clearing the charges and any real estate capital gains tax.
This split is the usual practice, not a legal rule. Change it if you agree otherwise.
- 5.1
6.Financing reservation
- 6.1
Optional
The buyer intends to finance part of the price with a loan of EUR Loan amount in euros. If two credit institutions active in Austria refuse this loan despite the buyer's serious efforts, the buyer may withdraw from the contract by written notice to the seller no later than Withdrawal deadline if loan refused. The buyer must prove the refusals. On withdrawal, neither party has any claim against the other.
Keep it whenever you need a loan. A vague phrase such as "vorbehaltlich Finanzierung" protects you poorly: state the amount, the deadline and the proof.
- 6.1
7.Land transfer permit
- 7.1
Optional
This offer and the contract based on it are subject to the condition precedent that any required land transfer permit or confirmation is granted.
Keep it if you are not an EU or EEA citizen, or if the property is farmland or forest. The land transfer law of each federal state sets the procedure.
- 7.1
8.Energy certificate
- 8.1
The buyer confirms that an energy certificate dated Date of the energy certificate was shown to the buyer before this offer was signed. The seller hands it over within 14 days after the contract is concluded.
Its figures count as agreed qualities of the building. If none was shown, at least the efficiency usual for a building of its age and type counts as agreed.
- 8.1
9.Information on the withdrawal right under KSchG § 30a
- 9.1
Optional
If the buyer, as a consumer, makes this offer on the same day as the first viewing of the property (first viewing on Date of your first viewing), and the purchase is to meet the urgent housing need of the buyer or of a close relative, the buyer may withdraw from the offer within one week. The period starts only when the buyer has received a copy of the offer and this written information. The right to withdraw ends one month after the day of the first viewing at the latest.
Keep it if you sign on the day of the first viewing. Take a signed copy home. Send any withdrawal by registered letter to keep proof of the date.
- 9.1
10.Binding period
- 10.1
I am/We are bound by this offer until End of the binding period. The acceptance must reach the buyer in writing within this period. When the period ends, the offer lapses without any further notice.
Give a date and a time. The acceptance counts only when it reaches you. Without a written date in the offer, the law sets a short period that is hard to prove.
- 10.2
An acceptance with changes or additions counts as a new offer by the seller and not as acceptance of this offer.
- 10.1
11.Signatures
- 11.1
Place of signature, on Date of signature. Signature of the buyer.
- 11.2
Acceptance: I/We accept this purchase offer in full. Place of the seller's acceptance, on Date of the seller's acceptance. Signature of the seller.
Every registered owner must sign.
- 11.1