Fields of Work
Real estate transactions
Ideally, you should obtain legal advice before submitting a binding purchase offer. Sellers should also seek legal advice in a timely manner. You can hire me to handle the entire process of a real estate transaction, or just to review a draft that was already set up.
I draft purchase contracts, donations, or even atypical contract texts and take care of the entire contract process, which may include any necessary permits, calculating property acquisition tax, real estate profit tax, and registration fees, and finally, the registration of the contract in the land register, often associated with a release from previous encumbrances or the registration of new rights, such as a mortgage for a financing bank. Annuity agreements or other rights are also possible. The trusteeships I undertake are of course processed through the electronic Attorney Trusteeship Register of the Vienna Bar Association (eATHB). For unfinished construction projects, purchase contracts are additionally processed in accordance with the provisions of the law on developer contracts (BTVG).
Real estate law
Is a special field of work for me. I provide legal advice for the conclusion of lease agreements, tenant changes or contract termination, the establishment and modification of condominium ownership (including the implementation of utility value changes), disputes in a condominium community, questions of decision-making, accounting problems, and other administrative questions, conflicts with neighbours, interference with possession, or in construction projects.
Law of succession
A clearly worded last will and testament tailored to your specific family situation can prevent disputes among heirs. In a relatively short appointment, we can discuss whether you should set up a last will. Such consultation costs only € 120.00 incl. VAT within the framework of the "Check Your Rights" campaign. Sometimes a gift (possibly in connection with a life estate or usufruct) may be the better choice. Let me introduce you to the wide variety of options that you have to hand over your property, but also to the limits stipulated by the law of succession for the protection of mandatory heirs. If you decide to draft a last will and testament, I will handle all necessary formalities such as witnesses to the will and the registration in the Register of Wills, and upon request also the safekeeping of the original document.
Let me inform you on the steps of an inheritance procedure and the European Succession Regulation. Additionally, I can take on various functions, such as:
- executor representing heirs
- representing persons entitled to a compulsory share
- representing legatees
- trustee of the estate, representing the estate in litigation, or in order to administer and divide the estate.
Early advice is important in highly emotional life situations and can prevent escalation. Written agreements, such as between partners of a condominium, domestic partners or in a marriage, can be helpful. In case of dispute, I will inform you about the different types of procedures and can represent you in divorce, allocation, maintenance, or custody proceedings.
Enduring Power of Attorney (Vorsorgevollmacht)
You can make arrangements in case you become seriously ill, handicapped or otherwise unable to take care of yourself. You can decide who shall represent you and who shall not be authorized to act on your behalf. You can also specify care preferences. If you make an enduring power of attorney, it will usually not be necessary for the court to appoint a legal representative for you when you become incompetent.
When you become incompetent, I can activate a registered enduring power of attorney, so you will be represented by your chosen authorized representative. Even if you have failed to make an enduring power of attorney, I can help you register a relative or close friend as your agent in the Central Austrian Representations Register (ÖZVV - Österreichisches Zentrales Vertretungsverzeichnis).
Advance Health care directive (Patientenverfügung)
If you refuse certain medical treatments, you should prepare an advance health care directive. I will explain how you can stipulate your wishes in accordance with the legal and formal requirements, and I will finally ensure registration in the Advance Healthcare Directives Register (Patientenverfügungsregister).
Damages and liability
Compensation and warranty law have great practical importance in asserting or defending claims for warranty and damages, such as in cases of defective delivery of goods or machinery, construction defects, or after an accident, when you could be entitled to get compensation for suffering. My office will also take care of correspondence with insurers.
On the other hand, I also provide preventive advice on matters of liability (e.g. manager’s liability).
Corporate law and contract law
I support negotiation and contract monitoring, assist with the establishment of limited liability companies, business transfers, and also provide advice on private foundations.
Debt collection and debtor representation
If it becomes necessary to enforce payments or other claims, my law firm will draft payment reminders, can bring action for payment and file applications for coercive enforcement, up to the registration of claims in insolvency or probate proceedings if necessary. I will also help you enforce injunction claims. This area was the topic of my thesis: The execution of orders to cease and desist by means of coercive penalties according to § 355 EO - effectivity of execution versus debtor protection
Constitutional law, administrative law, and criminal law
Let me analyse the legal situation and clarify the status of proceedings for you, for example through inspection of court files. If necessary, I will attend hearings and file applications or appeal briefs.