The Commercial Real Estate Purchase Contract is a fundamental document used in German property transactions when transferring ownership of commercial real estate properties. It must comply with German legal requirements, particularly the German Civil Code (BGB) and the German Notarization Act (BeurkG). This document is essential when purchasing commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It includes comprehensive details about the property, price, payment terms, warranties, and transfer conditions. The contract must address specific commercial aspects such as existing tenancies, service contracts, and compliance with commercial property regulations. Given the significant value and complexity of commercial real estate transactions in Germany, this document requires careful preparation and mandatory notarization to ensure legal validity and protect all parties' interests.
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Key Requirements PROMPT example:
Commercial Real Estate Purchase Contract
"I need a Commercial Real Estate Purchase Contract for acquiring a multi-tenant office building in Berlin, with specific provisions for existing lease agreements and service contracts, scheduled to complete by March 2025."
1. Parties: Identification of seller and purchaser with full legal names, registration details for companies, and addresses
2. Background: Context of the transaction and brief description of the commercial property
3. Definitions: Key terms used throughout the agreement, including property-specific terminology
4. Property Description: Detailed description of the property including land registry details (Grundbuch), exact location, and measurements
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Due Diligence Results: Confirmation of completed due diligence and material findings
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Transfer of Ownership: Terms for Auflassung (conveyance) and registration in the land register
9. Closing Conditions: Prerequisites for completion including regulatory approvals and financing conditions
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
11. Handover Provisions: Terms for physical handover of the property and transfer of associated documents
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Existing Tenancies: Details of current lease agreements and tenant arrangements, used when property is let
2. Environmental Provisions: Specific provisions regarding environmental issues or contamination, used when environmental risks are identified
3. Development Rights: Provisions regarding unused development potential or pending applications, used when development opportunities exist
4. Service Contracts: Treatment of existing service contracts and maintenance agreements, used when ongoing services exist
5. Financing Provisions: Specific provisions related to buyer's financing arrangements, used when purchase is financed
6. Employee Transfers: Provisions regarding transfer of employees, used when property includes operational business
7. VAT Election: VAT treatment of the transaction, used when applicable for commercial properties
8. Post-Closing Obligations: Specific obligations after closing, used when ongoing commitments exist
1. Property Plan: Detailed plans and drawings of the property including boundaries and measurements
2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
3. Building Permits: Copies of existing building permits and related correspondence
4. Technical Due Diligence Report: Report on building condition and technical systems
5. Environmental Reports: Environmental assessment reports and soil investigations
6. Lease Overview: Schedule of existing lease agreements and rental income
7. Service Contracts List: Overview of all service and maintenance contracts
8. Property Documentation: List of all property-related documentation to be transferred
9. Energy Certificate: Current energy performance certificate as required by law
10. Insurance Schedule: Details of existing insurance policies and claims history
Authors
Relevant legal definitions
Property
Land Register (Grundbuch)
Purchase Price
Closing Date
Completion Date
Conveyance (Auflassung)
Due Diligence Period
Encumbrances
Environmental Laws
Existing Leases
Fixtures and Fittings
Land Charges (Grundschuld)
Material Adverse Change
Notarial Deed
Permitted Use
Planning Permissions
Priority Notice (Auflassungsvormerkung)
Property Rights
Purchase Price Payment Date
Real Estate Transfer Tax
Related Documents
Sellers Warranties
Service Contracts
Signing Date
Technical Documentation
Title Documents
Transfer Date
VAT Election
Building Permits (Baugenehmigungen)
Contamination
Development Rights
Energy Certificate
Operating Costs
Public Law Restrictions
Transfer of Ownership
Utility Contracts
Handover Protocol
Building Encumbrances (Baulasten)
Easements (Grunddienstbarkeiten)
Commercial Areas
Land Register (Grundbuch)
Purchase Price
Closing Date
Completion Date
Conveyance (Auflassung)
Due Diligence Period
Encumbrances
Environmental Laws
Existing Leases
Fixtures and Fittings
Land Charges (Grundschuld)
Material Adverse Change
Notarial Deed
Permitted Use
Planning Permissions
Priority Notice (Auflassungsvormerkung)
Property Rights
Purchase Price Payment Date
Real Estate Transfer Tax
Related Documents
Sellers Warranties
Service Contracts
Signing Date
Technical Documentation
Title Documents
Transfer Date
VAT Election
Building Permits (Baugenehmigungen)
Contamination
Development Rights
Energy Certificate
Operating Costs
Public Law Restrictions
Transfer of Ownership
Utility Contracts
Handover Protocol
Building Encumbrances (Baulasten)
Easements (Grunddienstbarkeiten)
Commercial Areas
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Environmental Compliance
Existing Tenancies
Service Contracts
Property Management
Insurance
Tax Matters
Costs and Expenses
Risk Transfer
Property Handover
Existing Encumbrances
Building Permits
Development Rights
Utilities and Services
Environmental Matters
Contamination
Pre-emption Rights
Notarization Requirements
Registration Requirements
Closing Conditions
Force Majeure
Default and Remedies
Governing Law
Dispute Resolution
Notices
Assignment
Entire Agreement
Severability
VAT provisions
Energy Efficiency
Planning and Zoning
Commercial Use
Property Access
Title Insurance
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Environmental Compliance
Existing Tenancies
Service Contracts
Property Management
Insurance
Tax Matters
Costs and Expenses
Risk Transfer
Property Handover
Existing Encumbrances
Building Permits
Development Rights
Utilities and Services
Environmental Matters
Contamination
Pre-emption Rights
Notarization Requirements
Registration Requirements
Closing Conditions
Force Majeure
Default and Remedies
Governing Law
Dispute Resolution
Notices
Assignment
Entire Agreement
Severability
VAT provisions
Energy Efficiency
Planning and Zoning
Commercial Use
Property Access
Title Insurance
Relevant Industries
Real Estate
Commercial Property Development
Retail
Industrial Manufacturing
Hospitality
Office Space Management
Logistics and Warehousing
Healthcare Facilities
Banking and Financial Services
Professional Services
Relevant Teams
Legal
Real Estate
Finance
Investment
Asset Management
Property Management
Risk and Compliance
Corporate Development
Facilities Management
Treasury
Relevant Roles
Real Estate Director
Chief Financial Officer
Property Manager
Legal Counsel
Commercial Property Lawyer
Investment Manager
Asset Manager
Development Director
Facility Manager
Real Estate Broker
Commercial Director
Risk Manager
Transaction Manager
Due Diligence Manager
Corporate Real Estate Manager
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