The document basis is not sufficient yet.
Request the missing documents first. Without them, it is not possible to assess whether purchase price, escrow, handover or warranty are properly regulated.
A binding offer should not leave this gap open.
Purchase contract
Allocate drafting, certification and land register costs correctly when buying property
Cost allocation in property purchases: regulate drafting, certification, land register filing, fees and escrow clearly.
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21 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
A property purchase creates several cost items in addition to price and taxes. Drafting, certifications, land register filing, court fees, escrow expenses and outlays should not be discussed for the first time in the final statement.
The purchase contract can allocate who bears which costs and which outlays are reimbursed. The wording should be clear without vague fee promises or unclear ancillary cost formulas.
This article does not replace the ancillary costs calculator or tax advice. It explains which cost clauses should be named clearly in the contract.
Quick check
Is this point clarified before signing?
Two questions show whether documents and contract wording fit together.
Already know you want to get in touch? Go straight to the enquiry form.
Are the documents needed for this point complete?
Draft contract, land register and property specific evidence must be reviewed together.
All paths at a glance
Overview of all answers.
The basis is documented, but the contract must be read carefully.
If documents and draft contract match, the starting point is better. Still check maturity, assurance, retention, withdrawal right and handover consequences in detail.
The risk is not sufficiently protected in the contract yet.
If the draft remains general, it should be revised before signing. Depending on the situation, a condition, retention, seller assurance or clear handover mechanism may be appropriate.
Name the cost types separately in the contract
Name the cost types separately in the contract
Drafting, escrow, certification, land register filing, registration fee, outlays and taxes are different items. Mixing them creates misunderstandings.
For the tax side see real estate transfer tax.
For a first cost orientation use the ancillary costs calculator.
Classify certification, notarial deed and power of attorney
Classify certification, notarial deed and power of attorney
Not every signature needs the same form. Often certified signatures are enough, sometimes special deeds or powers of attorney matter.
The distinction is explained in notarial deed or certified signature. For representatives see power of attorney for property purchase.
The contract should state who bears the form costs and who provides missing certifications.
Do not confuse land register costs and filing
Do not confuse land register costs and filing
The land register filing is the professional application. Court fees and registration fees are separate from that work.
The post signing steps are covered in land register application after signing.
The cost clause should also state what happens if a filing must be improved or withdrawn.
Review a clear cost clause before signing
Review a clear cost clause before signing
A good clause names the cost types, allocates them to buyer or seller and deals with exceptional extra costs. Vague wording leads to disputes later.
Before signing, the whole contract should be reviewed. See reviewing the property purchase contract before signing and contract review.
Concrete legal fees depend on the mandate. In the contract, transparency, responsibility and billing triggers matter.
Review points
Which contract questions matter before payment
The overview shows which points should not remain open.
| Point | Evidence | Risk without review |
|---|---|---|
| Drafting Clause names cost bearer | Final invoice is disputed | |
| Certification Form and responsibility clear | Signature is missing or unexpected | |
| Land register Filing and court fee separated | Cost items are mixed | |
| Escrow Expenses and outlays regulated | Release and billing remain unclear |
The suitable contract solution depends on the property and the available documents.
Note: This point should not be reviewed only after signing. Known risks belong in the contract, escrow instructions and handover plan beforehand.
Receive updates: Further practical information on property purchases and contract review is available through Brandauer News.
FAQ
Allocate drafting, certification and land register costs correctly when buying property.
Should this point be clarified before signing? +
Yes. If the point affects payment, land register, escrow or handover, it should be reviewed against the documents and regulated in the contract before signing.
Is an oral seller assurance enough? +
An oral assurance is usually too weak. Reliable documents, clear contract wording and an escrow process that protects the assurance are decisive.
When should legal review be obtained? +
Review is best before a binding offer or at the latest before signing the purchase contract. After payment or land register filing, corrections are often harder.
Further reading
Related contract review resources
Topics
DraftingCertificationLand register costsEscrowAncillary costs
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.
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