The Apartment Sale And Purchase Contract (Kaufvertrag für eine Eigentumswohnung) is a fundamental legal document used in German real estate transactions for the transfer of apartment ownership. It is required whenever an apartment unit is being sold, whether in new developments or existing buildings. The document must be executed before a German notary public, who ensures compliance with all legal requirements and proper documentation of the transaction. This contract type is specifically designed to address the unique aspects of apartment ownership under German law, including shared property rights and obligations under the Condominium Act (WEG). It includes comprehensive provisions about the property's characteristics, purchase price, payment terms, warranties, and the precise process for transferring ownership through the land registry. The document is crucial for both private and commercial transactions and must account for specific German legal requirements such as notarization, land registry regulations, and energy efficiency certifications.
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1. Parties: Identification and details of the seller(s) and purchaser(s), including full legal names, addresses, and marital status where relevant
2. Background: Context of the transaction and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Completion Date, etc.
4. Object of Purchase: Detailed description of the apartment, including land register details, size, location, and associated rights in common property
5. Purchase Price and Payment Terms: Agreed purchase price, payment schedule, and escrow arrangements
6. Encumbrances and Warranties: Existing encumbrances, mortgages, and seller's warranties regarding the property's condition
7. Transfer of Possession: Terms for handover of the property, including timing and condition requirements
8. Costs and Taxes: Allocation of transaction costs, including notary fees, land register costs, and real estate transfer tax
9. Energy Certificate: Information about the property's energy certificate as required by EnEV
10. Pre-emption Rights: Confirmation regarding any existing pre-emption rights and handling thereof
11. Powers of Attorney: Required authorizations for completion of the transaction
12. Notices: Process for serving notices between the parties
1. Financing Provisions: Required when purchaser is obtaining mortgage financing, including cooperation obligations of seller
2. Tenant Provisions: Required when the property is currently leased, addressing existing tenancy agreements
3. Renovation Agreement: Optional section when specific renovations are agreed to be completed before or after completion
4. Property Management: Required when there are specific arrangements regarding ongoing property management contracts
5. Defects Resolution: Optional detailed procedure for handling any defects discovered after completion
6. Special Right of Withdrawal: Required when dealing with consumer buyers or specific circumstances warranting withdrawal rights
1. Land Register Extract: Current extract from the land register (Grundbuchauszug)
2. Floor Plans: Official floor plans and area calculations of the apartment
3. Property Inventory: List of fixtures, fittings, and other items included in the sale
4. Declaration of Division: Copy of the WEG declaration of division (Teilungserklärung)
5. House Rules: Current house rules and regulations of the apartment complex
6. Property Management Agreements: Existing property management contracts and service agreements
7. Energy Certificate: Copy of the current energy certificate (Energieausweis)
8. Maintenance Reserve Statement: Current statement of the maintenance reserve account (Instandhaltungsrücklage)
Relevant legal definitions
Agreement
Apartment
Auflassung
Building
Building Management Association
Common Property
Completion Date
Declaration of Division
Effective Date
Eigentumswohnung
Encumbrances
Energy Certificate
Existing Tenancies
Fixtures and Fittings
Grundbuch
Handover Date
House Rules
Land Register
Land Registry Office
Maintenance Reserve
Management Agreement
Notary
Parties
Property
Property Management Company
Purchase Price
Purchaser
Registration Date
Seller
Special Right of Use Areas
Teilungserklärung
Title Documents
Transfer of Ownership
VAT
WEG
Working Day
Apartment
Auflassung
Building
Building Management Association
Common Property
Completion Date
Declaration of Division
Effective Date
Eigentumswohnung
Encumbrances
Energy Certificate
Existing Tenancies
Fixtures and Fittings
Grundbuch
Handover Date
House Rules
Land Register
Land Registry Office
Maintenance Reserve
Management Agreement
Notary
Parties
Property
Property Management Company
Purchase Price
Purchaser
Registration Date
Seller
Special Right of Use Areas
Teilungserklärung
Title Documents
Transfer of Ownership
VAT
WEG
Working Day
Clauses
Identification of Property
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Ownership
Property Handover
Warranties
Encumbrances
Pre-emption Rights
Notarization
Land Registry
Property Condition
Energy Certificate
Costs and Taxes
Insurance
Existing Tenancies
Common Property Rights
Building Management
Maintenance Reserve
Due Diligence
Title Transfer
Powers of Attorney
Default
Rescission Rights
Force Majeure
Notices
Governing Law
Severability
Entire Agreement
Assignment
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Ownership
Property Handover
Warranties
Encumbrances
Pre-emption Rights
Notarization
Land Registry
Property Condition
Energy Certificate
Costs and Taxes
Insurance
Existing Tenancies
Common Property Rights
Building Management
Maintenance Reserve
Due Diligence
Title Transfer
Powers of Attorney
Default
Rescission Rights
Force Majeure
Notices
Governing Law
Severability
Entire Agreement
Assignment
Relevant Industries
Real Estate
Property Development
Legal Services
Financial Services
Property Management
Construction
Urban Development
Housing
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Operations
Finance
Investment
Asset Management
Transaction Advisory
Risk Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Property Developer
Legal Counsel
Notary
Real Estate Transaction Manager
Property Surveyor
Mortgage Advisor
Real Estate Investment Manager
Contract Manager
Property Portfolio Manager
Real Estate Operations Director
Compliance Officer
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