Credit Sale Agreement for Germany

Credit Sale Agreement Template for Germany

This document is a comprehensive agreement governed by German law that combines elements of both a sale contract and a credit agreement. It is structured to comply with the German Civil Code (BGB), particularly §§ 433-479 for sales contracts and §§ 491-505 for credit agreements, as well as relevant banking and consumer protection regulations. The agreement details the terms of sale for specific assets, including the credit arrangement for financing the purchase, repayment terms, security interests, and all necessary consumer protection provisions required under German law.

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What is a Credit Sale Agreement?

The Credit Sale Agreement is used when a party wishes to purchase assets while receiving credit financing from the seller or an associated financial institution. This document type is particularly common in German commercial practice and must comply with the strict requirements of German law, including the Civil Code (BGB), Banking Act (KWG), and consumer protection regulations. The agreement typically includes detailed provisions on the asset being sold, credit terms, security arrangements, and mandatory consumer protection clauses. It's essential for transactions involving significant assets where immediate full payment isn't feasible or desirable, and the parties prefer to combine the sale and financing arrangements in a single document rather than having separate sale and loan agreements.

What sections should be included in a Credit Sale Agreement?

1. Parties: Identification of the seller/creditor and buyer/debtor, including full legal names and addresses

2. Background: Context of the transaction, relationship between parties, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms and technical descriptions

4. Sale and Purchase: Description of the asset(s) being sold and purchased, including specifications and delivery terms

5. Purchase Price: Total purchase price, payment structure, and credit amount

6. Credit Terms: Interest rate, repayment schedule, payment methods, and annual percentage rate (APR)

7. Security: Details of any security interest in the asset, retention of title provisions

8. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

9. Representations and Warranties: Statements of fact and assurances from both parties

10. Covenants: Ongoing obligations of the parties during the credit term

11. Default: Events of default and their consequences

12. Termination: Circumstances and procedures for early termination

13. Notices: Communication requirements and contact details

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

What sections are optional to include in a Credit Sale Agreement?

1. Insurance: Required when the asset needs specific insurance coverage

2. Data Protection: Required when personal data processing is extensive or goes beyond standard credit checks

3. Assignment: Include when either party may need to transfer rights or obligations

4. Force Majeure: Include for long-term credit arrangements or when delivery of goods is delayed

5. Third Party Rights: Include when third parties might have rights under the agreement

6. Consumer Protection Rights: Required when the buyer is a consumer rather than a business

7. Maintenance and Service: Include when the asset requires ongoing maintenance or services

What schedules should be included in a Credit Sale Agreement?

1. Asset Description: Detailed technical specifications and condition of the asset(s)

2. Payment Schedule: Detailed repayment schedule including dates, amounts, and interest calculations

3. Interest Rate Calculation: Methodology for calculating interest and examples

4. Form of Notices: Standard forms for important notices under the agreement

5. Security Documentation: Forms of security documents and filing requirements

6. Pre-Contractual Information: Mandatory information required under German consumer credit law

7. Right of Withdrawal Form: Standard form for consumer right of withdrawal (Widerrufsformular)

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

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Automotive

Manufacturing

Industrial Equipment

Consumer Goods

Technology

Agricultural Equipment

Construction Equipment

Renewable Energy

Medical Equipment

Heavy Machinery

Relevant Teams

Legal

Finance

Credit Risk

Sales

Commercial

Compliance

Treasury

Business Development

Risk Management

Account Management

Relevant Roles

Legal Counsel

Finance Manager

Credit Risk Officer

Sales Director

Commercial Director

Compliance Officer

Contract Manager

Treasury Manager

Financial Controller

Business Development Manager

Risk Manager

Account Executive

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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