Purchase and sales advice
Whether buying an apartment or selling a house, for most of us, real estate transactions are among the biggest deals we will ever make in our lives. They have the potential to have a significant long-term positive impact on our financial situation through increases in the value of our property portfolio, but they also involve risks that can have a noticeable negative impact on us. Between the purchase offer, securing financing, drawing up the contract and registering the property in the land registry, there are numerous details that need to be carefully considered from a legal and economic perspective and optimised from a legal standpoint.
As experienced real estate solicitors, we review or draft contracts, conduct price negotiations and act as trustees to ensure the secure processing of the purchase price payment. Tax and duty aspects such as the payment of land transfer tax and court registration fees and the self-calculation of real estate income tax are a matter of course in any purchase process.
Purchase and sale of real estate
Whether buying an apartment or selling a house, for most of us, real estate transactions are among the biggest deals we make in our lives. They have the potential to have a significant long-term positive impact on our financial situation through increases in the value of our property portfolio, but they also harbour risks that can have a noticeable negative impact on us. Between the purchase offer, securing financing, calculating the land transfer tax and registering the property in the land registry, there are numerous details that need to be carefully considered from a legal and economic perspective and optimised from a legal standpoint.
As experienced real estate solicitors, we review or draft contracts, conduct price negotiations and act as trustees to ensure the secure processing of the purchase price payment. Tax and fiscal aspects such as the payment of court registration fees or the self-calculation of real estate income tax are a matter of course in any purchase process.
Donation of real estate
The donation of real estate is particularly common within families, where it is often not only a sign of affection, but also a strategic decision that serves legal, economic and tax purposes.
Typically, questions arise regarding inheritance or gift tax, the granting of a right of residence in favour of the donor, or the registration of a prohibition on sale and encumbrance. In order to take all these aspects into account, we advise you at the time of evaluating a property donation, draft concepts with you, highlight the advantages and disadvantages of different options and finally implement the option that is best suited to you.
Particularly in the case of gifts between close relatives – for example, to partially anticipate succession – human understanding and legal precision should go hand in hand to ensure a legally sound transfer of assets while maintaining family cohesion.
Reasons for Schmelz lawfirm
Real estate law is one of our core areas of expertise. For years, we have been successfully advising property managers, estate agents and private individuals on the acquisition, management and sale of real estate. In the course of the time, our expertise has been recognised internationally on several occasions, for example with the ACQ5 Global Awards (2019 - 2023) as ‘Austrian Boutique Real Estate Law Firm of the Year’ and the CorporateINTL Awards (2020 - 2023) as ‘Austrian Tenancy Law Firm of the Year’. You can also benefit from the teaching activities of our partner Dorian Schmelz at Middlesex University (London), where he is in close contact with practitioners from the real estate industry, such as investors, bankers and real estate trustees, as part of the postgraduate programme in ‘Real Estate Management’.
Unlike many law firms, we do not only assist you when it comes to drawing up contracts – we are there for you right from the start. We advise buyers and sellers of real estate on legal and economic matters throughout the entire transaction process: we participate in viewings, calculate price indications, conduct price negotiations and draft purchase offers.
