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    Attorney Purchase Agreement Vienna - Real Estate Law

    Specialized Attorney & Trustee for Real Estate

    Attorney forPurchase Agreements in Vienna

    Professional support for property purchases and sales with eATHB escrow for secure transactions

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    +43 677 628 15 502
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    ÖRAKMitglied der Rechtsanwaltskammer Wien

    Mag. Constantin Schirmer · RechtsanwaltZuletzt aktualisiert:

    eATHB Escrow
    Fixed-Price Offer
    Land Registry Entry

    What happens at the first meeting?

    Document Review

    Detailed analysis of your documents and claims

    Assessment of Prospects

    Realistic evaluation of your legal position

    Transparent Fee Agreement

    Clear cost overview before taking on the case

    Your Security

    Experienced attorney for real estate transactions and purchase agreement drafting.

    When buying or selling property, significant monetary values and far-reaching legal consequences are at stake. As an experienced attorney and trustee, I guide you through the entire process – from the first contract review or contract drafting to the final entry in the land register.

    With processing through the electronic trust account book (eATHB) of the Bar Association, your purchase price is optimally protected. Payment only happens when all contractual conditions are met.

    Attorney Purchase Agreement Vienna - Real Estate Transactions

    What I Do for You

    Full support from contract to land register entry

    Contract Preparation & Review

    I create legally secure purchase contracts or check existing contracts for hidden risks and bad terms

    Escrow Processing (eATHB)

    Safe handling of your purchase price through electronic trust account – payment only when all conditions are met

    Tax & Fee Processing

    I calculate the purchase taxes, land register fees, and check if you qualify for fee exemptions (§ 25a GGG)

    Land Register Entry

    Complete handling of the property transfer – from application to legal registration

    How the Process Works

    A clear process from first meeting to land register entry

    01

    First Meeting & Cost Estimate

    We discuss your plans, review documents, and I give you a clear cost overview.

    02

    Contract Review or Preparation

    I check all terms, negotiate for you if needed, and make sure your interests are protected.

    03

    Escrow Account Setup

    The purchase price goes to the eATHB trust account – top security for both sides.

    04

    Tax & Fee Settlement

    I handle the real estate transfer tax and fees – no waiting for tax clearance.

    05

    Land Register Application

    Electronic submission to the district court with all documents needed, and I monitor the process.

    06

    Property Handover

    After registration and payment release, the property is officially yours.

    Costs When Buying Property

    Clear overview of all additional costs*

    Real Estate Transfer Tax

    3.5% of assessment basis for purchases

    Registration Fee

    1.1% for property transfer in land register – fee exemption under § 25a GGG possible

    Mortgage Registration

    1.2% with loan financing – fee exemption under § 25a GGG possible

    Attorney

    Fixed Price Costs depend on individual case and services – usually fixed price (notary costs are usually included in the fixed price)

    * Also consider: broker fees, loan costs, other expenses associated with property purchase

    Property Purchase in Austria

    Attorney for Property Purchase – Purchase Agreement for House & Apartment

    As a specialized attorney for property purchases, I support you in Austria with the legally secure acquisition and sale of houses and apartments – from the first contract review to complete transaction processing. Buying a property is one of the biggest financial decisions in life. Professional legal support is crucial because even small ambiguities in the purchase agreement or property documentation can lead to significant financial risks. The goal is a clean, transparent, and enforceable contractual solution that consistently protects your interests as buyer or seller.

    Purchase Agreement Review & Preparation

    A key focus of my work is the review and preparation of purchase agreements for houses, condominiums, investment apartments, and properties. This is not just about formal correctness, but primarily about the practical protection of crucial points: purchase price, payment terms, escrow processing, handover date, warranty, liability exclusions, withdrawal rights, contractual penalties, default consequences, inventory, encumbrances, easements, residential rights, access rights, existing rental agreements, and all ancillary agreements that could later cause disputes.

    Purchase Price & Terms
    Escrow Processing
    Warranty Claims
    Liability Exclusions
    Withdrawal Rights
    Easements
    Residential Rights
    Existing Tenancies

    When purchasing a condominium, additional legal reviews are essential because the financial scope is often underestimated. If instructed, I am happy to review property and apartment documentation, owner association regulations, reserves, operating costs, any renovation measures, special assessments, and the legal and economic situation of the property. When buying a house, topics like property boundaries, access rights, encumbrances, structural condition, modifications, extensions, permit status, and warranty issues are often in the foreground.

    Attorney Escrow Processing

    Another central area is attorney escrow processing. This ensures that the purchase price is only released when all contractual conditions are met and your legal position is fully secured. Escrow processing is an essential security mechanism in property purchases because it protects both buyers and sellers from incorrect payments, delays, and legal uncertainties. At the same time, structured processing ensures clear procedures, traceable deadlines, and swift completion of the transaction.

    Disputes & Defect Claims

    I also assist you with disputes related to property purchases – such as hidden defects, moisture damage, false representations, deviations from the agreed condition, handover problems, delays, unfulfilled ancillary obligations, or contested warranty and compensation claims. In such cases, a clear legal assessment is crucial to assert claims quickly and effectively or to defend against unjustified demands. I represent your interests in out-of-court negotiations as well as in court when a solution is not possible.

    As an attorney for property purchases in Austria, you receive legal support that is not only legally precise but also economically considered. I work with the goal of minimizing risks, creating contractual clarity, and completing the transaction efficiently and securely. If you want to have a purchase agreement for a house or apartment reviewed, have a contract prepared, or want legally secure processing through escrow, early legal support is the decisive step to best protect your investment.

    Related Practice Areas

    Property purchases can be connected to other areas of law:

    Common Questions

    Answers to important questions about buying property

    The electronic trust account book is a system run by Austrian Bar Associations that makes escrow transactions safer. Every escrow case gets registered there. I can only release the purchase price once all conditions in the purchase contract are met – like secured land register entry or submission of certain documents. The eATHB tracks exactly when money was transferred and why. This protects both buyers and sellers.

    In escrow processing, the buyer doesn't pay the purchase price directly to the seller. Instead, it goes to a special trust account that I manage. The money stays secured there until all contract conditions are fulfilled. Only then does the money go to the seller. This prevents payment before the property transfer is legally secured.

    The Aufsandung declaration is the seller's required consent that the buyer may be registered as owner in the land register. This declaration is included in the purchase contract and must be signed with notarization. Without a valid Aufsandung declaration, no property transfer can happen in the land register.

    Priority notice is a court notation that secures the rank for the later ownership entry. It typically stays valid for one year from approval. This prevents other land register entries from delaying or endangering your property purchase. I usually apply for priority notice together with the purchase contract to fix the order of entries.

    Release of encumbrances means that land register burdens the buyer should not take on – like old mortgages or liens – get deleted. I make sure these deletions happen on time before the purchase price goes to the seller. This way the property transfers free of encumbrances.

    With self-assessment, I handle the calculation and payment of real estate transfer tax and land register fees directly to the tax administration. Buyers don't need to deal with the tax office themselves. Self-assessment speeds up land register entry because no additional clearance certificate is needed.

    Real estate transfer tax is a legal fee that applies when buying property. It's typically 3.5% of the assessment basis, usually the purchase price. In certain cases, like transfers within the family or favored residential purchases, lower rates may apply.

    A registration fee of 1.1% of the assessment basis is charged for registering ownership rights in the land register. If a loan is secured by mortgage, an additional mortgage registration fee of 1.2% applies. These fees get paid directly by me as part of self-assessment. Fee exemption under § 25a GGG may be possible for both fees. I will check if you qualify as part of the purchase contract process.

    If the purchase is financed by a loan, the bank must be secured in the land register. For this, a mortgage deed is created that documents the mortgage on the purchased property. Only after this mortgage is registered in the land register can the bank release the loan amount. I coordinate this process with the escrow so that payment, loan, and registration all work together properly.

    Land register entry today almost always happens electronically through me at the competent district court. The purchase contract, Aufsandung declaration, and other necessary documents are sent digitally. After review by the court, ownership rights are registered. Processing usually takes several weeks depending on the court.

    With ownership registration, you get entered in the land register as the new owner. Only with this step does ownership legally transfer. Before that, there's only a claim to transfer, but not yet a secured property right. Registration is therefore the final and most important part of purchase contract processing.

    Complete purchase contract processing includes contract preparation, notarization of signatures, escrow processing via eATHB, self-assessment and payment of taxes and fees, electronic submission of land register applications, and organization of handover. The goal is a smooth, secure process where all legal and financial steps work together seamlessly.

    Handover typically happens after I release the purchase price from escrow. The exact date is in the purchase contract. At handover, a protocol is created documenting meter readings, condition, and keys handed over. This clearly records when possession transfers. If there are insurance-related issues about handover, I'm happy to advise you.

    Typically you'll need: a current land register extract, identity document, purchase price agreement, loan documents for financing, and – if required – an energy certificate or official permits.

    After successful registration, I inform both buyer and seller, provide the new land register extract, and confirm complete execution of the escrow. With this, the property transfer is legally done, and you're registered as the new owner in the land register.

    Your Property Purchase in Safe Hands

    Schedule a free initial consultation now. I'll support you from contract review to land register entry.

    Schedule Appointment Nowor call: +43 677 628 15 502

    Erstberatung mit einem Rechtsanwalt in Wien

    Schildern Sie kurz Ihren Sachverhalt – Sie erhalten eine klare Einschätzung zu Erfolgsaussichten, Fristen und Kosten. Termine sind persönlich in der Kanzlei in 1190 Wien oder als Video- bzw. Telefonberatung möglich.

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    Über den Autor

    Mag. Constantin Schirmer

    Rechtsanwalt in Wien · Mitglied der Rechtsanwaltskammer Wien

    Eingetragener Rechtsanwalt (Mag. iur.), zugelassen bei der Rechtsanwaltskammer Wien. Umfassende Erfahrung in der gerichtlichen und behördlichen Vertretung in ganz Österreich.

    Profil im Anwaltsverzeichnis (ÖRAK) →

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