Purchase
by Brandauer RA
Glossary

Condition Precedent

A contractual provision under which the effects of the purchase contract arise only once a future uncertain event occurs.

In brief

Under a condition precedent (suspensive condition) the contract becomes effective only upon fulfilment of the condition. In a property purchase, typical conditions are the consent of the land transfer authority, the granting of a financing commitment or the release from liens.

Until the condition is fulfilled there is a state of suspense; if the condition definitively fails, the obligation to perform lapses. This is to be distinguished from a condition subsequent, where an already effective contract ceases to apply.

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

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Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg