The sale is to be completed, but a specific agreed task would only be possible after the buyers have moved in. Now the seller’s performance and the new household come into contact. Our editorial recommendations help to describe the practical procedure for Austrian contractual advice concretely. They do not provide a retention clause and do not create a general right to later access.
Clearly distinguish the remaining work from an idea
Describe which performance is actually intended. Which part of the house does it concern, what result is expected and what does the current draft refer to? An open wish of the buyer is not automatically remaining work that has already been undertaken.
§ 922 ABGB links warranty in principle to conformity with the contract and deals, among other things, with agreed and described characteristics. [ABGB-922] What a specific agreement means for the later work and its consequences must be examined separately. A general reference to “remaining work” does not answer this question.
Take into account the use of the new household
Our recommendation: Record which rooms would be accessible and practically usable during the planned work. Will items need to be moved, are multiple appointments required or is there a need to coordinate timing with other services? Technical procedure and safety should be assessed by the responsible specialists.
The new occupier should be able to understand the described scope. A morning appointment can have different consequences than a multi-day restriction. The article does not assume a right of access or an obligation to tolerate work on the basis of a general organisational expediency.
Specify an invented window appointment
In the case a particular service is planned for a window. The material will arrive later, and the buyers will move in beforehand. At first it merely says that the company will get in touch afterwards. It is missing who will carry out the assignment, what exact service is expected and how completion is to be confirmed.
The parties describe these points for the professional planning. They also clarify the practical scheduling procedure, without leaving the buyers alone with an unknown company. Which payment or security is appropriate is advised individually; the article does not name a flat percentage amount.
Keep responsibility visible until actual completion
Assign organisation, feedback and required professional confirmations clearly. If a company postpones an appointment, it must remain apparent who will establish the new joint procedure from that. A commissioned service is not yet a proven completed job.
Define which feedback can close the practical point and which further professional or legal assessment may still be required. A brief “fine” from someone who has not seen the area should not be used as definitive proof of completion.
Return changes to the advisory process
If scope or timing deviate from the intended agreement, the new circumstances should be classified appropriately legally and technically. The article does not recommend a unilateral substitute performance or a self‑determined right to withhold or release funds.
Preparation is good when there is a concrete, professionally coordinated procedure for the period after moving in. This prevents a promised remaining task from becoming merely an old memory while the house and its daily routines are already in other hands.