Handover Protocol
The written documentation of the condition of the property at handover, including meter readings, keys and any recorded defects.
The handover protocol records the actual condition at the time of the transfer of possession: meter readings, keys and documents handed over, and recognisable defects. It serves both parties as evidence.
Openly recognisable defects should be noted in the protocol in order to clarify later warranty questions. For hidden defects the claims are preserved despite acceptance without reservation.
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.
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Transfer of Possession (Benefits and Burdens)
The agreed point in time from which the buyer obtains actual possession and benefits, burdens and risk pass to him.
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Statutory Warranty
The seller's no-fault liability for the property having the stipulated or ordinarily expected characteristics at the time of handover.
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Warranted Characteristics
Characteristics the seller expressly or implicitly assures; their absence triggers warranty even where warranty is otherwise excluded.
Reviewing a contract, arranging escrow, securing handover?
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Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
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