Yes, a lawyer is highly recommended when buying real estate. Legal protection is particularly worthwhile for large investments such as a house, apartment or plot of land in order to avoid potential pitfalls.

A real estate lawyer draws up or reviews the purchase contract, stands up for your rights and ensures that the transaction is legally correct.

It is particularly important to inspect the land register, check encumbrances (e.g. rights of way or mortgages) and the fiduciary settlement. Our law firm in Vienna ensures that no legal risks are overlooked and that you as the buyer are well protected.

Whether you are buying an apartment, house or plot of land, the purchase contract should contain certain information. This helps to avoid legal disputes. Important content in the purchase contract includes a detailed description of the property, details of the buyer and seller, the purchase price and the transfer date.

In addition, the absence of encumbrances and the registration of ownership in the land register must be regulated – ideally by a trustee like us. Other key points are any defects, warranty exclusions, any easements and the declaration of conveyance (seller’s consent to transfer of ownership). The distribution of costs (e.g. land transfer tax) should also be regulated.

In addition to the purchase price, several additional costs are incurred when buying a property. These include the land transfer tax, the registration fee in the land register and the costs for the lawyer to draw up the contract.

If a broker is involved, broker commissions may also be incurred. Other possible costs relate to financing, such as bank processing fees or the registration of a lien. Costs may also be incurred for expert opinions, translations or trustee processing.

A trustee is a lawyer (or notary) who plays a central role in the purchase of real estate. The involvement of a trustee provides legal protection for the buyer and seller. A trustee manages the purchase price via an escrow account and ensures that the money only flows to the seller once all contractual conditions have been met – in particular the buyer’s entry in the land register.

This prevents the buyer from paying without receiving ownership or the seller from transferring ownership without receiving the money.

The trustee also checks whether encumbrances (e.g. mortgages) are deleted from the land register before the purchase price is paid out. This neutral settlement via an escrow account creates security for both parties. A lawyer specializing in real estate and property law can use their expertise to ensure that all steps are carried out in a legally correct manner.

When buying an apartment, a house, a plot of land, etc., a lawyer provides the following key services:

• Checking the purchase contract for legal pitfalls
• Ensuring clear regulations on price, handover and warranty
• Clarification of questions regarding the land register, encumbrances and possible charges on the property.
• Support in contract negotiations
  Protection of the client’s interests

A real estate lawyer is also on hand to advise you during the execution of the contract. Should disputes arise later, a real estate lawyer will represent you competently in court or in out-of-court negotiations.

When purchasing real estate, it is generally possible to withdraw from the purchase offer as long as there is no binding agreement or a withdrawal clause is included in the offer. The purchase offer is often a non-binding declaration of intent that can be withdrawn before the contract is concluded.

Withdrawing from the purchase contract, on the other hand, is more difficult and only possible under certain conditions, such as a contractually agreed right of withdrawal, a right of revocation or if the contractual partner does not fulfill their obligations.

Without such reasons, withdrawal can be legally problematic and result in claims for damages. At our law firm in Vienna, our team will be happy to advise you on your individual options and risks of withdrawal.

A construction contract regulates the legal framework of a construction project between the client and contractor. According to construction law, this contract stipulates which services must be provided, which deadlines apply and how remuneration is paid.

In addition, the construction contract often contains provisions on warranty, safety regulations and acceptance of the building. Provisions in the event of delays, supplements or disputes are also part of the contract. The aim is to create clarity about the construction project and avoid potential conflicts at an early stage. For larger construction projects in particular, it is advisable to have the contract legally reviewed – ideally by a lawyer specializing in construction law.

The real estate agent’s claim to payment of commission generally arises as soon as a legally valid contract (e.g. binding purchase offer, purchase or rental agreement) has been concluded. The prerequisite is that the estate agent has demonstrably performed the brokerage activity, was meritorious and a commission claim has been agreed or is provided for by law. In addition, the broker must duly inform the client of the obligation to pay the commission before the contract is concluded.

If this clarification is missing, the claim to payment of the commission may be forfeited. In the event of a dispute, a lawyer for real estate and property law can check whether the requirements are met and whether the commission claim is legal.

Real estate often makes up a significant part of an inheritance and is often the cause of legal conflicts. This is why inheritance law and real estate law are closely linked.

Numerous legal questions arise when bequeathing or inheriting a house, apartment or plot of land:
Who inherits the property?
Are there several heirs and how is it divided up?
What happens to existing mortgages or residential rights? Tax aspects such as real estate income tax or real estate transfer tax also play a role.

A real estate lawyer with specialist knowledge of inheritance law can help to avoid potential disputes. Legal advice is particularly beneficial in the case of communities of heirs or unclear wills.

In order to enforce your right to inherit a property, you must be able to legally prove your claim. A will, contract of inheritance or legal succession can be used for this purpose. The entry in the land register is important: only those who are entered there as the owner or have acquired ownership out of court can legally dispose of the property.

In the event of disputes with co-heirs or those entitled to a compulsory portion, we recommend the support of a real estate lawyer. Our team led by lawyer Arnulf Schaunig specializes in real estate law and also has expertise in inheritance law. Our law firm in Vienna will examine your claims, support you in asserting your rights and accompany you throughout the entire process – including in court.