The As Is Real Estate Contract under German law is designed for property transactions where the seller wishes to transfer the property in its existing condition with minimal ongoing liability. This document is particularly useful in situations involving older properties, properties requiring renovation, or where the seller wants to clearly limit post-sale obligations. The contract must comply with German legal requirements, including mandatory notarization and land registry regulations. It typically includes detailed property descriptions, explicit "as is" provisions, warranty limitations, and specific German law compliance elements. The document is structured to protect both parties while acknowledging the buyer's acceptance of the property's current condition, making it essential for transparency in German real estate transactions.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context of the transaction and acknowledgment of 'as is' sale
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the property including land registry details, address, and size
5. Purchase Price and Payment Terms: Agreement on price, payment schedule, and escrow arrangements
6. As Is Condition and Warranty Disclaimers: Explicit statement of 'as is' sale and limitation of seller's liability
7. Transfer of Ownership: Terms for transferring title and registration in land registry
8. Possession and Risk: Timing and conditions for transfer of possession and risk
9. Costs and Taxes: Allocation of transaction costs, taxes, and fees
10. Due Diligence Confirmation: Buyer's acknowledgment of property inspection and acceptance of condition
11. Notarization and Registration: Requirements for notarization and land registry registration
12. Governing Law: Confirmation of German law application
13. Severability: Standard clause on validity of remaining provisions if parts are invalid
1. Existing Tenancies: Details of current tenants and lease agreements, used when property is rented
2. Encumbrances: List of existing mortgages, easements, or other encumbrances, used when applicable
3. Environmental Conditions: Specific environmental issues or contamination, used when relevant
4. Development Restrictions: Any building or development limitations, used for properties with restrictions
5. Utilities and Connections: Status of utility connections and agreements, used for properties requiring clarification
6. Fixtures and Fittings: List of items included/excluded in sale, used when needs specification
7. Pre-emptive Rights: Addressing any existing pre-emptive rights, used when applicable
8. Broker Provisions: Details of real estate broker involvement and fees, used when brokers involved
1. Land Registry Extract: Current extract from the German land registry (Grundbuch)
2. Property Plans: Official cadastral plans and building plans
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Property Inspection Report: Documentation of property condition and known defects
5. Photographic Documentation: Current photographs of property condition
6. Building Permits: Copies of relevant building permits and certificates
7. Property Tax Assessment: Current property tax assessment documentation
8. Utility Certificates: Certificates for electrical, gas, and other utility installations
Relevant legal definitions
Property
Completion Date
Purchase Price
Land Registry (Grundbuch)
Notarial Deed (Notarielle Urkunde)
Transfer of Ownership (Eigentumsübergang)
Existing Condition
Due Diligence Period
Closing Date
Encumbrances (Belastungen)
Property Tax (Grundsteuer)
Transfer Tax (Grunderwerbsteuer)
Easements (Dienstbarkeiten)
Land Charge (Grundschuld)
Building Permit (Baugenehmigung)
Energy Certificate (Energieausweis)
Cadastral Register (Kataster)
Priority Notice (Auflassungsvormerkung)
Known Defects
Assignment of Rights
Business Day
Completion Requirements
Transfer Date
Purchase Deed
Inspection Period
Title Documents
Permitted Use
Building Regulations
Fixtures and Fittings
Property Register
Completion Date
Purchase Price
Land Registry (Grundbuch)
Notarial Deed (Notarielle Urkunde)
Transfer of Ownership (Eigentumsübergang)
Existing Condition
Due Diligence Period
Closing Date
Encumbrances (Belastungen)
Property Tax (Grundsteuer)
Transfer Tax (Grunderwerbsteuer)
Easements (Dienstbarkeiten)
Land Charge (Grundschuld)
Building Permit (Baugenehmigung)
Energy Certificate (Energieausweis)
Cadastral Register (Kataster)
Priority Notice (Auflassungsvormerkung)
Known Defects
Assignment of Rights
Business Day
Completion Requirements
Transfer Date
Purchase Deed
Inspection Period
Title Documents
Permitted Use
Building Regulations
Fixtures and Fittings
Property Register
Clauses
Property Description
Purchase Price
Payment Terms
As Is Condition
Warranty Disclaimer
Title Transfer
Risk Transfer
Due Diligence
Property Inspection
Notarization Requirements
Land Registry
Tax Obligations
Costs Allocation
Representations and Warranties
Property Handover
Existing Encumbrances
Environmental Conditions
Utilities and Services
Pre-emptive Rights
Default Provisions
Force Majeure
Severability
Governing Law
Dispute Resolution
Amendment
Entire Agreement
Notice Requirements
Assignment
Third Party Rights
Broker Provisions
Purchase Price
Payment Terms
As Is Condition
Warranty Disclaimer
Title Transfer
Risk Transfer
Due Diligence
Property Inspection
Notarization Requirements
Land Registry
Tax Obligations
Costs Allocation
Representations and Warranties
Property Handover
Existing Encumbrances
Environmental Conditions
Utilities and Services
Pre-emptive Rights
Default Provisions
Force Majeure
Severability
Governing Law
Dispute Resolution
Amendment
Entire Agreement
Notice Requirements
Assignment
Third Party Rights
Broker Provisions
Relevant Industries
Real Estate
Construction
Property Development
Banking & Finance
Legal Services
Property Investment
Commercial Property
Residential Property
Urban Development
Property Management
Relevant Teams
Legal
Real Estate
Property Management
Investment
Commercial
Compliance
Due Diligence
Asset Management
Transaction Management
Risk Management
Relevant Roles
Real Estate Lawyer
Property Developer
Real Estate Agent
Property Manager
Investment Manager
Legal Counsel
Notary
Commercial Director
Property Surveyor
Real Estate Investment Analyst
Asset Manager
Transaction Manager
Due Diligence Officer
Real Estate Portfolio Manager
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