The Agreement To Sell Real Estate Contract (Grundstückskaufvertrag) is a fundamental document in German property transactions, required whenever real estate ownership is transferred between parties. This document is strictly regulated under German law and must be notarized to be legally valid. It is used for all types of real estate transactions, from residential homes to commercial properties, and includes essential elements such as precise property description, purchase price, payment terms, and transfer of ownership provisions. The agreement must comply with the German Civil Code (BGB), particularly sections relating to property law and sale contracts. It serves as the basis for the actual transfer of ownership through the land registry (Grundbuch) and typically includes provisions for due diligence, warranties, and specific German legal requirements such as pre-emption rights declarations.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the real estate including land registry details, exact location, size, and boundaries
5. Purchase Price: Specified purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms regarding the transfer of title (Auflassung) and registration in the land registry (Grundbuch)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Possession and Transfer Date: Specified date for handover of the property and transfer of possession
9. Costs and Taxes: Attribution of transaction costs, transfer taxes, and notary fees
10. Property Condition: Current condition of the property and any known defects
11. Encumbrances: Existing mortgages, easements, or other encumbrances and their handling
12. Pre-emption Rights: Declaration regarding any existing pre-emption rights
13. Governing Law: Confirmation of German law application and jurisdiction
14. Execution Requirements: Notarization requirements and formal execution provisions
1. Financing Conditions: Include when purchase is subject to buyer obtaining financing
2. Tenant Provisions: Include when property is currently leased to tenants
3. Building Permits: Include when property includes incomplete structures or planned construction
4. Environmental Provisions: Include when there are environmental concerns or requirements
5. Monument Protection: Include when property is under historical monument protection
6. Condominium Provisions: Include for apartment sales under the WEG
7. Agent Provisions: Include when real estate agents are involved
8. VAT Election: Include when parties elect for VAT treatment of the sale
9. Development Obligations: Include when property has outstanding development requirements
1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
2. Property Plans: Official cadastral plans and property boundaries
3. Building Documentation: Floor plans, building permits, and technical specifications
4. Energy Certificate: Energieausweis as required by German law
5. Inventory List: List of any fixtures and fittings included in the sale
6. Due Diligence Reports: Technical, legal, and environmental due diligence findings
7. Property Photos: Current photographs documenting the property condition
8. Existing Contracts: Copies of relevant existing contracts (e.g., lease agreements)
Relevant legal definitions
Agreement
Property
Land Register (Grundbuch)
Transfer of Ownership (Auflassung)
Completion Date
Purchase Price
Deposit
Business Day
Encumbrances
Due Diligence Period
Effective Date
Energy Certificate (Energieausweis)
Fixtures and Fittings
Land Registry Office (Grundbuchamt)
Material Adverse Change
Notarial Deed
Permitted Use
Property Rights
Purchase Tax (Grunderwerbsteuer)
Registration Requirements
Seller's Warranties
Title Documents
Transfer Date
Utilities
Vacant Possession
Building Permits (Baugenehmigungen)
Pre-emption Rights (Vorkaufsrechte)
Easements (Grunddienstbarkeiten)
Hereditary Building Right (Erbbaurecht)
Cadastral Register (Kataster)
Notary Costs (Notarkosten)
Development Plan (Bebauungsplan)
Priority Notice (Auflassungsvormerkung)
Condominium Declaration (Teilungserklärung)
Building Encumbrances (Baulasten)
Property
Land Register (Grundbuch)
Transfer of Ownership (Auflassung)
Completion Date
Purchase Price
Deposit
Business Day
Encumbrances
Due Diligence Period
Effective Date
Energy Certificate (Energieausweis)
Fixtures and Fittings
Land Registry Office (Grundbuchamt)
Material Adverse Change
Notarial Deed
Permitted Use
Property Rights
Purchase Tax (Grunderwerbsteuer)
Registration Requirements
Seller's Warranties
Title Documents
Transfer Date
Utilities
Vacant Possession
Building Permits (Baugenehmigungen)
Pre-emption Rights (Vorkaufsrechte)
Easements (Grunddienstbarkeiten)
Hereditary Building Right (Erbbaurecht)
Cadastral Register (Kataster)
Notary Costs (Notarkosten)
Development Plan (Bebauungsplan)
Priority Notice (Auflassungsvormerkung)
Condominium Declaration (Teilungserklärung)
Building Encumbrances (Baulasten)
Clauses
Identification of Parties
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Property Registration
Warranties and Representations
Due Diligence
Property Condition
Encumbrances
Pre-emption Rights
Possession and Transfer
Costs and Taxes
Insurance
Default and Remedies
Force Majeure
Notarization Requirements
Land Registry Provisions
Energy Efficiency
Environmental Compliance
Assignment
Severability
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Confidentiality
Title Transfer
Property Use
Utilities Transfer
Tax Provisions
Risk Transfer
Existing Tenancies
Defects Liability
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Property Registration
Warranties and Representations
Due Diligence
Property Condition
Encumbrances
Pre-emption Rights
Possession and Transfer
Costs and Taxes
Insurance
Default and Remedies
Force Majeure
Notarization Requirements
Land Registry Provisions
Energy Efficiency
Environmental Compliance
Assignment
Severability
Governing Law
Dispute Resolution
Notices
Entire Agreement
Amendment
Confidentiality
Title Transfer
Property Use
Utilities Transfer
Tax Provisions
Risk Transfer
Existing Tenancies
Defects Liability
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Investment & Asset Management
Hospitality
Retail
Industrial & Manufacturing
Professional Services
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Investment
Asset Management
Due Diligence
Risk Management
Corporate Development
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Property Developer
Investment Manager
Asset Manager
Real Estate Analyst
Notary
Transaction Manager
Due Diligence Specialist
Real Estate Portfolio Manager
Property Acquisition Manager
Real Estate Investment Director
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