The Deed Of Sale Property (Kaufvertrag für Immobilien) is a fundamental legal instrument in German real estate transactions, used whenever real property ownership is transferred between parties. This document is essential in German property law and must be executed before a notary public to be legally valid. It is used for both residential and commercial property transfers, containing crucial information about the property, parties involved, purchase price, payment terms, and transfer conditions. The deed must comply with strict German legal requirements, including those set forth in the German Civil Code (BGB), Land Registration Act (GBO), and various property-related regulations. It serves multiple purposes: documenting the sale agreement, enabling land registry updates, establishing tax obligations, and protecting both parties' interests through formal legal framework.
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1. Parties: Detailed identification of seller and buyer including full names, addresses, and marital status as required by German law
2. Background: Context of the sale and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the deed including Property, Completion Date, Purchase Price, and other relevant definitions
4. Property Description: Detailed description of the property including land registry details, exact measurements, and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Possession and Risk: Terms for transferring possession and assumption of risk
9. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees
10. Property Condition: Current state of the property and any known defects
11. Notarial Requirements: Mandatory notarial declarations and confirmations
12. Execution: Formal execution requirements and notarization provisions
1. Mortgage Arrangements: Include when existing mortgages need to be cleared or new financing arrangements are relevant
2. Tenant Provisions: Required if the property is sold with existing tenants
3. Building Permits: Include when there are ongoing construction works or pending permits
4. Environmental Matters: Required for properties with potential environmental issues or specific requirements
5. Right of First Refusal: Include when there are existing rights of first refusal or when creating new ones
6. Special Use Rights: Required when there are easements or special use rights affecting the property
7. Condominium Provisions: Include for properties subject to condominium ownership regulations
8. Development Obligations: Required when the property carries specific development obligations or restrictions
1. Property Plan: Official cadastral plans and property boundaries
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: List of included fixtures, fittings, and furniture if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Property Tax Assessment: Current property tax assessment documentation
7. Site Contamination Report: Environmental assessment reports if required
8. Building Plans: Approved architectural plans and building specifications
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