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A Contract to Sell is a binding agreement where a seller promises to transfer ownership of property to a buyer at a future date, once specific conditions are met. Under Austrian civil law (ABGB), this preliminary contract creates mutual obligations while keeping the actual sale separate from the initial commitment.

Unlike an immediate purchase agreement, this contract type gives both parties time to arrange financing, complete property inspections, or fulfill other requirements. It's commonly used in Austrian real estate transactions, where buyers often need to secure mortgage approval before the final sale can proceed. The agreement must specify key terms like price, payment schedule, and transfer conditions to be legally enforceable.

Use a Contract to Sell when you need to secure a future property transaction while important conditions still need to be met. This agreement proves especially valuable in Austrian real estate deals where buyers require time to arrange financing or sellers need to clear existing mortgages.

The agreement protects both parties during this interim period - buyers can safely make down payments knowing their interests are legally protected, while sellers maintain control until all conditions are fulfilled. It's particularly useful for complex transactions involving commercial properties, development land, or situations where regulatory approvals must be obtained before the final sale can proceed.

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• Property Sellers: Usually landowners, real estate developers, or private individuals who want to secure a future sale while maintaining control until conditions are met
• Property Buyers: Including private individuals, businesses, or investors who need time to arrange financing or conduct due diligence
• Real Estate Agents: Help structure and negotiate these contracts, ensuring compliance with Austrian property laws
• Legal Notaries: Required under Austrian law to authenticate important property transactions and verify parties' identities
• Banks and Financial Institutions: Often involved in reviewing and approving contracts where mortgage financing is needed

• Property Details: Gather complete property description, cadastral numbers, and current ownership documentation from the Austrian land registry
• Party Information: Collect identification details and proof of authority for all buyers and sellers
• Price Terms: Document the agreed purchase price, payment schedule, and any earnest money arrangements
• Conditions: List all requirements that must be met before final sale, including financing, inspections, or permits
• Timeline: Set clear deadlines for meeting conditions and completing the final sale
• Documentation: Our platform generates legally compliant contracts customized to Austrian requirements, ensuring all essential elements are included

• Party Identification: Full legal names, addresses, and identification numbers of buyer and seller as required by Austrian civil code
• Property Description: Detailed description including land registry data, property boundaries, and any encumbrances
• Purchase Terms: Precise price, payment schedule, and deposit arrangements in euros
• Conditions Precedent: Specific requirements that must be met before final sale completion
• Transfer Timeline: Clear deadlines for meeting conditions and completing the sale
• Signatures and Date: Signature blocks for all parties, with notarial authentication requirements
• Default Provisions: Consequences and remedies if either party fails to perform

A Contract to Sell differs significantly from a Real Estate Sale Contract in several important ways under Austrian law. While both deal with property transactions, they serve distinct purposes and operate at different stages of the sale process.

• Timing of Ownership Transfer: A Contract to Sell creates a future obligation to transfer property, while a Real Estate Sale Contract executes the transfer immediately
• Conditional Nature: The Contract to Sell typically includes conditions that must be met before the sale completes, whereas a Real Estate Sale Contract represents the final, unconditional transfer
• Legal Rights: Under a Contract to Sell, the seller retains ownership until conditions are met; with a Real Estate Sale Contract, ownership rights transfer upon signing
• Risk Transfer: Property risk remains with the seller in a Contract to Sell until conditions are fulfilled, but transfers immediately to the buyer in a Real Estate Sale Contract