The right of first refusal is a key legal instrument in real estate contracts, whose significance and complexity are often underestimated. It grants a specific person—the beneficiary—the right to purchase a property under the same conditions offered to a third party. Its purpose is to protect the beneficiary from an unwanted change of ownership and to allow them to "step into" the transaction.
On April 2, 2025, the Austrian Supreme Court (OGH) ruled in case 5 Ob 166/24h, providing essential clarification for real estate law practice. The key issue was when a value adjustment clause in a rental agreement is valid and how far the court’s competence extends in rent review proceedings.
The real estate transfer tax has always been an integral part of property transactions in Austria. In addition to classic asset deals, share deals – the acquisition of company shares – have also been subject to tax under certain conditions. With the 2025 Budget Accompanying Act, however, a major shift is underway, particularly affecting share deals.
The following scenario is representative of many similar cases in Vienna: An underground garage in a residential building features several parking spaces and more than fifty square meters of usable space. Along the parking spots, either open shelves or lockable steel cabinets are installed. These are used to permanently store tools, sports equipment, children’s toys, or board games – typical household items that are not used daily but should remain easily accessible.
In its recent decision of March 16, 2025 (OGH 5 Ob 219/24b), the Austrian Supreme Court clarified that not every action by individual condominium owners qualifies as a resolution of the homeowners’ association. The key question is whether a collective decision was made or merely a private arrangement took place.
In the history of Austria’s economy, few insolvency cases have caused as much uproar as the insolvency of the SIGNA real estate group. The insolvency of SIGNA Prime Selection AG (“Company”) as a major subsidiary of SIGNA is one of the largest of all time in Austria, especially in terms of the amount of claims filed. Moreover, this case is of great interest as the Company holds numerous highly prestigious properties in Vienna and abroad. It is widely considered the centrepiece of SIGNA, drawing particular attention from media outlets.
In its ruling on July 9, 2024, case number 10 Ob 29/24y, the Supreme Court (OGH) examined the applicability of the Property Developer Contract Act (BTVG) to lease-purchase models for apartments. The key question was whether a paid option contract aimed at acquiring apartment ownership qualifies as a property developer contract under § 2 (1) BTVG.
The decision of the Austrian Supreme Court (OGH) with reference number 4 Ob 182/23b from April 26, 2024, is causing a stir in the real estate broker industry. In this blog post, we will examine the background and the far-reaching consequences of this ruling.
The decision of the Austrian Supreme Court (OGH) with reference number 4 Ob 182/23b from April 26, 2024, is causing a stir in the real estate broker industry. In this blog post, we will examine the background and the far-reaching consequences of this ruling.
The decision of the Vienna Higher Regional Court on the appeal by the Republic of Austria against the confirmation of the restructuring plan of SIGNA Prime Selection AG was eagerly awaited. Now it is here, and today I will analyze the decision for you.
