Purchase
Purchase contract

Agreeing a foreign-currency price: secure exchange rate and payment in the contract

Foreign-currency price in a property purchase: regulate the exchange rate, payment date, bank charges and currency risk clearly.

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BRANDAUER Rechtsanwälte

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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.

30 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt

A property purchase often regulates price, financing, the land register and handover at the same time. One unresolved point can therefore affect the entire transaction.

This article separates its specific focus from general purchase-contract questions. The wording, documents and actual sequence are decisive.

An initial orientation does not replace case-specific advice. It does help secure the right evidence and identify open clauses before signing.

Quick check

Agreeing a foreign-currency price: secure exchange rate and payment in the contract

Two questions organise the contract clause and documents.

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01 Question 1

Is the central point clearly regulated in the draft?

exchange rate and payment route

All paths at a glance

Overview of all answers.

01

Secure the documents first

Secure the contract, schedules, messages and payment records before making a declaration.
02

Clause and evidence fit together

Now review the remedy and the sequence of payment, handover and registration.
03

Contract wording needs clarification

Have the open point stated specifically in the contract or a schedule before signing.

Legal starting point

A foreign-currency clause should identify the currency, rate source and relevant date. Section 905 ABGB is an important starting point for place and method of performance.

Connect this point with the exact contract wording and contemporaneous documents.

Review this point together with the contract and evidence before payment, handover or registration.

Documents and evidence

Secure contemporaneous documents, drafts, messages and payment records. Later recollections do not replace reliable documentation.

Connect this point with the exact contract wording and contemporaneous documents.

Review this point together with the contract and evidence before payment, handover or registration.

Contract implementation

A clear clause should identify the subject, amount, timing, responsibility and consequence of a deviation.

Connect this point with the exact contract wording and contemporaneous documents.

Review this point together with the contract and evidence before payment, handover or registration.

Risks before signing

Unclear points affect payment, escrow, handover or registration. The entire transaction should be reviewed before making a declaration.

Connect this point with the exact contract wording and contemporaneous documents.

Review this point together with the contract and evidence before payment, handover or registration.

Review points

Review points for the contract file

These points should not remain open before signing.

Point Evidence Risk
Vertrag Wording and schedules Open clause
Nachweis Contemporaneous evidence Assertion remains open
Abwicklung Payment, handover, register Sequence unclear

Before signing: secure the documents and clarify conflicting clauses.

Updates: Further information is available at Brandauer News.

FAQ

Agreeing a foreign-currency price: secure exchange rate and payment in the contract

Is the statutory requirement automatically met? +

No. The clause, documents and actual sequence must be assessed together.

Which documents should I secure? +

Secure the contract, schedules, land-register documents, communications and payment records.

Can I stop payment or handover unilaterally? +

Not without review. A unilateral step can endanger your position and the transaction.

Topics
Agreeing a foreign-currency priceexchange rate and payment routeproperty purchase

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