Purchase
by Brandauer RA
Glossary

Discharge of Encumbrances

The removal of existing register burdens so that the buyer receives an unencumbered property, in particular the deletion of mortgages.

In brief

If the property is burdened with a mortgage, the discharge of encumbrances ensures that the buyer receives an unencumbered register sheet. To this end the seller’s bank issues a deletion declaration once the outstanding claim has been settled.

In practice the escrow agent handles the discharge: from the purchase price he first pays off the mortgagees, obtains their deletion receipt and only then transfers the remaining amount to the seller.

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?

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Contact

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Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg