Purchase
by Brandauer RA
Glossary

Expectant Right (Anwartschaft)

The secured legal position of the buyer between conclusion of the contract and registration, from which the acquisition of ownership can no longer be unilaterally frustrated.

In brief

Where the buyer already holds a valid title and the essential steps towards registration have been taken, his position strengthens into an expectancy. This is secured above all by the priority ranking notation, which reserves the rank against later entries.

The expectant right protects the buyer during the critical period against double sales or new mortgages. Decisive is the register rank: whoever notes earlier prevails (priority principle).

Legal basis

Statutory texts for orientation; the version in force at the relevant time prevails.

This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your property purchase are always decisive.

Reviewing a contract, arranging escrow, securing handover?

When buying property, the contract and the land register decide. Call us directly or send an email, callback within one business day.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg