Real Estate Law / Drafting of Purchase and Lease Agreements

Buying a property is a big step – emotionally, financially, and legally. As an experienced attorney in Vienna, I am at your side every step of the way to ensure that your purchase agreement is not only legally correct but also safe and fair.

Our flat rates include:

Drafting a purchase agreement
Notary fees for certification (included)
Taking over the escrow and opening the escrow account
Registration in the land register
Deletion of any existing mortgages

Coordination with your bank and registration of the new mortgage of the lending bank
Filing of tax returns regarding real estate transfer tax
Review of exemptions from registration fee and real estate capital gains tax, as well as calculation and payment to the tax office if applicable
Ongoing reports on the status of the transaction

Fee schedule for drafting a purchase agreement (including notary fees for certification):

Purchase price

Fee

€ 10.000,- to € 200.000,-

€ 2.000,- plus VAT

€ 200.001,- to € 500.000,-

€ 1,0 % plus VAT

€ 510.000 to € 1.000.000,-

€ 0,75% plus VAT

from € 1.100.000,-

€ 0,5% plus VAT

Our additional services at a glance:

Review of offers to purchase and preliminary contracts
Support in loan negotiations with your bank
Advice on real estate transfer tax, registration fee & real estate capital gains tax (ImmoESt)
Legal protection in case of purchase of an apartment, house, land, or gift transfer

Upon request: registration of encumbrances and restrictions on disposal, pre-emption rights, usufruct, residential rights, usage rights, etc.
Establishment of condominium ownership, easements, etc.
Drafting and execution of gift agreements
Enforcement of your rights in disputes before court

Frequently Asked Questions – clearly explained:

How much does it cost to have a lawyer in Vienna draft a purchase agreement?

With us, you get the full service from one source, including notary certification fees: we offer affordable and transparent flat rates and fast processing – no surprises.

Does a purchase agreement in Austria have to be drawn up by a notary?

No. In Austria, the purchase agreement can also be drafted by a lawyer – including escrow, contract, and land register application. Only the signature must be notarized. The notary fees are included in our flat rate.

What is included in your flat rate?

Our fee covers the entire processing of your property purchase: drafting or reviewing the purchase agreement, notarization, handling of escrow through the electronic escrow register of the Vienna Bar Association, coordination with banks and the land register, calculation of real estate transfer tax, registration fee, and real estate capital gains tax, as well as payment to the tax office – plus, of course, personal legal advice without hidden costs.

When am I exempt from real estate capital gains tax (ImmoESt)?

If you have used your property as your main residence for at least 2 years continuously, or for at least 5 years within the last 10 years, and are now giving it up, you may be fully exempt from ImmoESt and the tax on the sales profit. We will check whether the legal requirements are met – so you don’t pay more than necessary. Filing with the tax office and payment of the ImmoESt, if applicable, will also be handled by us.

Is there an exemption from the registration fee for entering the property into the land register?

Yes. If you purchase a property after 31.03.2024 for consideration and use it as your main residence, the registration fee (1.1%) is waived up to a tax base of €500,000. The application must be submitted to the land register court by 30.06.2026. We will check these requirements for you and advise you on which documents are required.

Is there an exemption from the registration fee for mortgages?

Yes. If the mortgage is taken out to finance the acquisition of a property used as your main residence, the registration fee (1.2%) for the mortgage up to €500,000 tax base is also waived until 30.06.2026. We will be happy to advise you.

How long does the processing of a property purchase take?

The entire process – including escrow and registration in the land register – will be carried out quickly and on time. The exact duration also depends on the land register court.

What is the difference between an offer to purchase and a purchase agreement?

An offer to purchase is often already legally binding – even if it doesn’t look like a “contract.” A purchase agreement, on the other hand, is the formally drafted agreement including land register clauses and escrow provisions. Both should be legally reviewed.

Is an offer to purchase binding?

Yes! In many cases, it is a legally binding agreement. Always have it reviewed in advance.

What is a declaration of submission (Aufsandungserklärung)?

Without it, no land register entry! We ensure that it is correctly drafted and duly signed.