The Commercial Property Purchase Agreement is a crucial document used in German real estate transactions for transferring ownership of commercial properties. It must comply with strict German legal requirements, including mandatory notarization under the German Civil Code (BGB) and registration in the land register (Grundbuch). This document is essential when businesses or investors are acquiring commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It contains detailed provisions covering property description, purchase price, payment terms, warranties, due diligence findings, and specific requirements for commercial use. The agreement must address various aspects of German property law, including real estate transfer tax considerations, environmental regulations, and building code compliance. It serves as the foundational document for the transaction and subsequent property ownership transfer.
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1. Parties: Identification and details of the seller and purchaser, including full legal names, registration numbers for companies, and addresses
2. Background: Context of the transaction and brief description of the property and its current ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact location, and boundaries
5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms and conditions for the transfer of title (Auflassung) and registration in the land register
7. Conditions Precedent: Conditions that must be fulfilled before completion of the purchase
8. Seller's Warranties: Warranties regarding property title, encumbrances, building permits, and other material aspects
9. Due Diligence Results: Confirmation of due diligence findings and any agreed remedial actions
10. Costs and Taxes: Allocation of transaction costs, including notary fees, land register costs, and real estate transfer tax
11. Handover: Terms for the physical handover of the property and transfer of possession
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Tenant Provisions: Required if the property is sold with existing tenants, covering lease agreements and tenant rights
2. Environmental Provisions: Needed if environmental issues or contamination are present or suspected
3. Development Rights: Include when there are unused development potential or pending building permits
4. Asset Management: Required for properties with ongoing management contracts or service agreements
5. Financing Provisions: Include when the purchase is subject to specific financing arrangements
6. Heritage Protection: Required for properties under monument protection (Denkmalschutz)
7. Service Charges: Include for properties with significant service charge arrangements or outstanding reconciliations
1. Land Register Extract: Current certified extract from the German land register (Grundbuchauszug)
2. Property Plans: Official site plans, floor plans, and boundary documentation
3. Technical Due Diligence Report: Detailed assessment of the building's technical condition
4. Environmental Reports: Environmental surveys and soil examination results
5. Existing Leases: Copies of all current lease agreements and amendments
6. Building Permits: Copies of all relevant building permits and certificates
7. Service Contracts: List and copies of ongoing service and maintenance contracts
8. Property Tax Assessment: Current property tax assessment and payment status
9. Energy Certificate: Current energy performance certificate (Energieausweis)
Relevant legal definitions
Agreement
Property
Land Register (Grundbuch)
Purchase Price
Completion Date
Transfer of Ownership (Auflassung)
Encumbrances
Due Diligence Period
Permitted Use
Building
Common Areas
Completion Date
Contamination
Current Use
Development Rights
Effective Date
Environmental Law
Existing Leases
Fixtures and Fittings
Handover Date
Insurance
Land
Material Adverse Change
Notary
Parties
Payment Schedule
Planning Permissions
Property Rights
Purchase Price Adjustment
Real Estate Transfer Tax (Grunderwerbsteuer)
Registration Priority Notice (Auflassungsvormerkung)
Seller's Warranties
Service Contracts
Signing Date
Technical Documentation
Title Deeds
Transaction Documents
Transfer Date
Utilities
VAT (Umsatzsteuer)
Working Day
Property
Land Register (Grundbuch)
Purchase Price
Completion Date
Transfer of Ownership (Auflassung)
Encumbrances
Due Diligence Period
Permitted Use
Building
Common Areas
Completion Date
Contamination
Current Use
Development Rights
Effective Date
Environmental Law
Existing Leases
Fixtures and Fittings
Handover Date
Insurance
Land
Material Adverse Change
Notary
Parties
Payment Schedule
Planning Permissions
Property Rights
Purchase Price Adjustment
Real Estate Transfer Tax (Grunderwerbsteuer)
Registration Priority Notice (Auflassungsvormerkung)
Seller's Warranties
Service Contracts
Signing Date
Technical Documentation
Title Deeds
Transaction Documents
Transfer Date
Utilities
VAT (Umsatzsteuer)
Working Day
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Environmental Compliance
Existing Tenancies
Encumbrances
Registration Requirements
Tax Obligations
Insurance
Utilities and Services
Property Management
Handover Provisions
Force Majeure
Confidentiality
Notices
Assignment
Entire Agreement
Severability
Amendments
Governing Law
Jurisdiction
Dispute Resolution
Notarization Requirements
Costs and Expenses
Land Registry Procedures
Development Rights
Building Regulations Compliance
Environmental Protection
Indemnification
Break Clauses
Default Provisions
Risk Transfer
Completion Conditions
Property Access
Service Contracts
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Environmental Compliance
Existing Tenancies
Encumbrances
Registration Requirements
Tax Obligations
Insurance
Utilities and Services
Property Management
Handover Provisions
Force Majeure
Confidentiality
Notices
Assignment
Entire Agreement
Severability
Amendments
Governing Law
Jurisdiction
Dispute Resolution
Notarization Requirements
Costs and Expenses
Land Registry Procedures
Development Rights
Building Regulations Compliance
Environmental Protection
Indemnification
Break Clauses
Default Provisions
Risk Transfer
Completion Conditions
Property Access
Service Contracts
Relevant Industries
Real Estate
Commercial Property Development
Retail
Manufacturing
Hospitality
Healthcare
Logistics
Office Space Management
Industrial
Banking and Finance
Insurance
Professional Services
Warehousing
Data Centers
Relevant Teams
Legal
Real Estate
Finance
Corporate Development
Risk Management
Facilities Management
Treasury
Tax
Compliance
Property Management
Investment
Operations
Due Diligence
Asset Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Development Manager
Commercial Property Manager
Legal Counsel
Corporate Lawyer
Investment Manager
Asset Manager
Facilities Manager
Real Estate Acquisition Manager
Risk Manager
Treasury Manager
Real Estate Portfolio Manager
Due Diligence Manager
Property Valuation Specialist
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