No, not currently apparent
If the property is not a protected matrimonial or family home, brief documentation is still useful. For general background see purchase contract review.
Purchase contract
Family home in a property sale: consent, risk and contract review
Family home in a property sale: why consent, residential interests and assurances should be reviewed before signing.
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BRANDAUER Rechtsanwälte
Salzburg law firm for real estate, property and corporate law
Every matter is handled by a coordinated team of lawyers, legal staff and specialists. In property purchase matters we look at the contract, land register, escrow and tax consequences together.
5 July 2026 · Mag. Bernhard Brandauer, Rechtsanwalt
When a family home is sold, spousal consent can be decisive even if only one spouse is registered as owner.
The focus is on consent, section 97 ABGB, vacating and assurance. The contract should not merely state the price, but also regulate evidence, payment timing and consequences.
From a legal perspective, the review before signing is decisive. Afterwards price, escrow and handover are harder to correct.
Initial assessment
Family home in a property sale: consent, risk and contract review
Is this issue specifically relevant to your purchase?
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Is this issue specifically relevant to your purchase?
Check whether family home is actually relevant to your purchase.
All paths at a glance
Overview of all answers.
Yes, the draft is specific
If consent, section 97 ABGB, vacating and assurance are regulated specifically, the framework is well prepared. Also check the escrow conditions.
Unclear or documents missing
If evidence or clear clauses are missing, the draft should be supplemented before signing. A first orientation is offered by purchase contract risk check.
There is already a concrete problem
If a concrete problem already exists, the purchase price should not be finally released before the contract is sharpened.
What the review is about
What the review is about
The family home is a separate risk point because residential interests under section 97 ABGB can affect the sale and later vacating.
The decisive point is the specific fact pattern. The contract must show which information is available and which consequences follow.
A useful starting point is purchase contract review.
What should be regulated in the contract
What should be regulated in the contract
The contract should expressly address consent, section 97 ABGB, vacating and assurance.
Clear payment conditions, withdrawal or retention rules and an allocation of evidence are important.
Oral explanations, listings or old documents do not replace a clear contract clause.
Which documents and evidence matter
Which documents and evidence matter
Check the land register, marital status, actual use as a family home, consent declarations and contractual assurances.
Depending on the case, confirmations, consent declarations, protocols or court documents may be relevant.
Related questions are also covered by power of attorney for property purchases.
Common mistakes in practice
Common mistakes in practice
A common mistake is reviewing family home only after signing. Then the negotiating position is weaker.
Another mistake is an overly general clause that does not state a concrete consequence for payment or handover.
The purchase contract risk check helps reveal such gaps early.
Point
Family home in a property sale: consent, risk and contract review
What should be regulated in the contract
| Point | Good clause | Risk |
|---|---|---|
| family home family home | consent, section 97 ABGB, vacating and assurance | Risk |
| Evidence Which documents and evidence matter | Good clause | Unclear or documents missing |
| Payment timing What should be regulated in the contract | Good clause | There is already a concrete problem |
| Handover purchase contract review | Good clause | Risk |
The concrete drafting depends on the individual case. The key point is that contract, evidence and escrow fit together.
Caution before signing: Clarify open points before the purchase price becomes due. Booking an initial consultation (72 euro) can quickly bring clarity.
Frequent questions
Family home in a property sale: consent, risk and contract review.
When should the family home be reviewed in the purchase contract? +
The family home should be reviewed where the property serves as the shared home or spousal residential interests may affect the sale and later vacating.
What should the contract state? +
The contract should expressly address consent, section 97 ABGB, vacating and assurance. Clear payment conditions, withdrawal or retention rules and an allocation of evidence are important.
Which documents should I review? +
Check the land register, draft contract and documents that prove or exclude family home. Depending on the case, confirmations, consent declarations, protocols or court documents may be relevant.
Topics
Family homeConsentSpousePurchase contractSection 97 ABGB
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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