The Absolute Sale Deed (Kaufvertrag) is a fundamental legal instrument in German property transactions, governed by the German Civil Code (BGB). This document is essential when transferring complete and unconditional ownership of real property in Germany. It must be notarized and registered in the land registry (Grundbuch) to be legally effective. The deed includes comprehensive details about the property, parties involved, purchase price, payment terms, and various warranties and representations. It's particularly important that the Absolute Sale Deed complies with all formal requirements under German law, including specific declarations required for land registry registration and tax purposes. The document serves as the primary evidence of property transfer and forms the basis for updating property records in the German land registry system.
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1. Parties: Full legal identification of the seller(s) and purchaser(s), including names, addresses, and registration details for legal entities
2. Background: Brief history of the property ownership and context of the sale
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the property including land registry details, cadastral information, and physical boundaries
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Declaration of transfer (Auflassung) and agreement on ownership transfer
7. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition
8. Possession and Risk: Terms regarding transfer of possession and assumption of risk
9. Costs and Taxes: Allocation of transaction costs, including notary fees, registration costs, and transfer taxes
10. Land Registry Consent: Explicit consent for registration in the land registry (Grundbuch)
11. Execution: Formal execution clause and notarial authentication statement
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances that will remain after sale
2. Environmental Provisions: Specific provisions regarding environmental conditions or contamination, used when there are known environmental issues
3. Tenant Provisions: Details of existing tenancies and their treatment, required when the property is sold with sitting tenants
4. Development Obligations: Specific obligations regarding future development or use restrictions, included when there are development conditions
5. Heritage Protection: Special provisions for historically protected buildings or monuments
6. Energy Certificate: Details of the energy performance certificate, required for buildings with heating or cooling systems
1. Property Plan: Cadastral plans and property drawings showing exact boundaries and measurements
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Building Permits: Copies of relevant building permits and certificates
4. Inventory List: List of fixtures, fittings, and other items included in the sale
5. Energy Performance Certificate: Copy of the mandatory energy performance certificate
6. Property Photographs: Documentation of the property's current condition
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