Purchase offer (Kaufanbot):
Do I really have to include all key terms of the contract?
Your co-pilot in real estate law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Real estate law & purchase contracts
You keep the controls and make the decisions. We sit next to you in the cockpit, know the route and the instruments – and when it gets turbulent, we take over.
A purchase offer is quickly signed – often on the estate agent’s form. Many underestimate this: once the seller accepts, the purchase is already binding.
What it must contain at minimum
A purchase offer is valid if it contains the essential terms: parties, exact description of the property and purchase price. When the seller accepts, a binding contract is formed; the purchase contract merely records it in a form suitable for the land register.
What happens if points are missing?
Missing points are filled in by law. For example:
- Warranty: without a clause, full statutory warranty applies – a risk for sellers, an advantage for buyers.
- Handover: without a date, handover must take place “within a reasonable time” – a recipe for disputes.
- Costs: who pays for the contract, transfer tax and registration then follows customary practice.
- Contract drafter and escrow agent: if nobody is named, both sides first have to agree.
If points remain open on which the parties expressly still wanted to agree, the contract may even be invalid – with uncertainty for both sides.
Our checklist for the purchase offer
- Property including cellar, parking space and furniture sold with it
- Purchase price and payment via escrow
- Contract drafter and escrow agent
- Handover date (with latest date)
- Freedom from encumbrances – except those taken over
- Warranty and assured characteristics
- Financing reservation with a clear deadline
- Binding period of the offer
Withdrawing after acceptance? Usually expensive
Anyone who backs out after acceptance without good cause becomes liable for damages. A financing problem is generally not good cause – unless a financing reservation was agreed. An estate agent’s commission may also become due.
Frequently asked questions
Is a purchase offer legally binding?
Yes. As soon as the seller accepts it in time, the purchase is concluded.
Can I withdraw the offer before acceptance?
In principle you are bound until the binding period expires. If no period is stated, a reasonable period applies.
Should I have the offer reviewed first?
Yes – because the key decisions are made in the offer. We review purchase offers at short notice; see KaufSicher.
Mag. Nevena Shotekova-Zöchling, attorney and insolvency administrator in Vienna. As of October 2026. General information – not legal advice for your individual case.
Planning to buy or sell?
With KaufSicher you get the review, the purchase contract and escrow handling for a fixed fee.
See KaufSicherSend an enquiry+43 1 34 601 71