As Is Residential Contract For Sale And Purchase for Germany

As Is Residential Contract For Sale And Purchase Template for Germany

A comprehensive legal document governed by German law that facilitates the sale and purchase of residential property in its current condition ("As Is"). This contract type is specifically designed to document the transfer of residential property while explicitly acknowledging that the buyer accepts the property in its existing state, with all known and unknown defects. The agreement must comply with German Civil Code (BGB) requirements, including mandatory notarization, and includes detailed provisions for property transfer, payment terms, and liability limitations. It incorporates specific German legal requirements such as land register (Grundbuch) registration and real estate transfer tax considerations.

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What is a As Is Residential Contract For Sale And Purchase?

The As Is Residential Contract For Sale And Purchase is a specialized agreement used in German property transactions where the buyer explicitly agrees to purchase the property in its current condition. This document is particularly relevant when selling older properties, properties requiring renovation, or when sellers wish to limit their liability for property condition. It must comply with German legal requirements, including notarization under BGB §311b, and contains detailed disclosures of known defects while disclaiming warranties for unknown issues. The contract is essential for protecting both parties' interests while ensuring legal compliance with German property law, including requirements for land register registration, property transfer tax, and energy efficiency certification. It's commonly used in situations where the property's condition is less than perfect or when transparency about potential issues is particularly important.

What sections should be included in a As Is Residential Contract For Sale And Purchase?

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and marital status (relevant for German property law)

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed legal description of the property, including land register (Grundbuch) details and cadastral information

5. Purchase Price and Payment Terms: Agreement on purchase price, payment schedule, and escrow arrangements

6. 'As Is' Condition and Disclaimer: Explicit statement of property being sold 'as is' and detailed disclaimer of warranties

7. Known Defects Disclosure: Seller's disclosure of known property defects and current condition

8. Transfer of Possession: Terms and timing for transferring property possession and keys

9. Property Charges and Taxes: Allocation of property-related charges, taxes, and fees between parties

10. Land Register Registration: Terms for registration of the property transfer in the land register

11. Costs and Fees: Distribution of transaction costs including notary fees and transfer taxes

12. Representations and Warranties: Limited representations due to 'as is' nature, but including basic legal requirements

13. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a As Is Residential Contract For Sale And Purchase?

1. Mortgage Arrangements: Required if buyer is financing the purchase through a mortgage

2. Condominium Provisions: Required for properties subject to the German Condominium Act (WEG)

3. Existing Tenancies: Required if property is sold with existing tenants and rental agreements

4. Heritage Protection Provisions: Required for properties under monument protection (Denkmalschutz)

5. Environmental Provisions: Required if property has known environmental issues or contamination

6. Rights of Way and Easements: Required if property has specific easements or rights of way

7. Building Permit Status: Required for properties with pending building permits or violations

8. Special Use Provisions: Required if property has specific use restrictions or requirements

What schedules should be included in a As Is Residential Contract For Sale And Purchase?

1. Property Floor Plans: Official floor plans and property measurements

2. Land Register Extract: Current certified extract from the land register (Grundbuchauszug)

3. Energy Performance Certificate: Mandatory energy efficiency certificate (Energieausweis)

4. Property Photographs: Current dated photographs documenting property condition

5. Defects Documentation: Detailed list and photographs of known defects

6. Building Documentation: Available building permits, plans, and technical documentation

7. Property Tax Assessment: Current property tax assessment and payment status

8. Utility Documentation: Current utility contracts and consumption information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Construction

Insurance

Public Administration

Banking

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Sales

Finance

Operations

Documentation

Customer Relations

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Manager

Real Estate Developer

Mortgage Advisor

Property Surveyor

Legal Counsel

Compliance Officer

Risk Manager

Real Estate Investment Manager

Property Assessor

Title Examiner

Transaction Manager

Real Estate Broker

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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