Real estate law

As lawyers in Wels, we offer comprehensive advice and support in all areas of real estate law. Whether a purchase or sale, the rental, a donation or another type of transfer of property is intended, we are happy to assist. We recommend to sign a purchase contract only after having it checked by a specialist. The same applies to all other contracts in this area, as an unfavorable formulation can quickly become expensive.

For more complex matters, such as erection of a shopping center, sale of an office complex, construction of an industrial plant, we work together with our Viennese partner law firm, which specializes in such areas.

For handling of matters abroad, we can assist you to find a suitable legal representation through our networks (German lawyer list, LNA Europe, LNA USA).

We as lawyers in Wels not only take care of all matters relating to your home or apartment purchase, but assist you also when buying and renting objects – be it a production facility, an office, a rented apartment or a workshop. We support you with the constitution of real estate contracts, with entries or deletions in the land register, contracts of water cooperatives and with the preparation or interpretation of tenancy or lease contracts. When buying a house or apartment (real estate contract), primarily the establishment of the contract, the registration in the land register, the tax calculation and reporting are the main tasks. If necessary, we also take over the activity as a trustee, handle the matters with the financing bank and effect the deletion of previously registered mortgages. Trusts are usually settled in accordance with the trust statute of the Austrian Bar Association – these are conditions for the security of the settlement and payment transactions.

Even at disputes with brokers, such as problems with the processing of the commission, or the question if any commission is to be paid, you can confidently revert to our Wels law firm.

The services of our Wels law office: Establishment, examination, consultation and execution of extrajudicial and court disputes in the following areas:

Purchase contracts including implementation (drafting of purchase agreement, taking over of trusteeship, declaration of real estate transfer tax and real estate income tax, registration and de-registration of encumbrances, land register implementation)

  • Rental- and lease agreements
  • Construction law contracts
  • Clarification and regulation of legal issues relating to superaedificates (buildings on third-party property)
  • Leasing
  • Donation contracts
  • Handover contracts (for example, handing over a property with the retention of right of residence)
  • Annuity contracts
  • Pledge agreements
  • Fiduciary transactions
  • Carrying out of indemnity
  • Granting of debit and sales prohibitions, pre-emption rights, etc.
  • Registration of liens in the context of financing
  • Water cooperative (contracting, registration)
  • Advice on real estate taxation (real estate income tax, real estate transfer tax), tax optimization
  • Property damage, injunctions and their defense
  • Neighborhood disputes
  • Leases
  • Agreements for use, concerning co-owned real estate
  • Developer contracts
  • Structuring and monitoring of real estate projects (owner-occupied housing, client models, etc.)
  • Representation in the administrative construction process