The Flat Purchase Agreement (Wohnungskaufvertrag) is a crucial legal document used in German real estate transactions for the purchase and sale of residential flats. It is essential for any transfer of apartment ownership in Germany and must be notarized to be legally valid. The document is designed to comply with German property law requirements, including the German Civil Code (BGB), Condominium Act (WEG), and land registration regulations. It contains detailed provisions about the property, parties' obligations, purchase price, payment conditions, warranties, and transfer procedures. This agreement is particularly important as it forms the basis for the property's registration in the German land register (Grundbuch) and ensures all legal requirements for property transfer are met. It's used in both private and commercial contexts, though specific provisions may vary depending on the parties involved and the property's characteristics.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the flat including land register details (Grundbuch), exact location, size, and included fixtures
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung)
7. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and hidden defects
8. Property Condition: Current state of the property, known defects, and maintenance status
9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration costs
10. Property Handover: Timing and conditions for physical possession transfer
11. Land Register Matters: Arrangements for Grundbuch registration and dealing with existing encumbrances
12. Notices: Communication procedures between parties
13. Governing Law: Confirmation of German law application and jurisdiction
1. Existing Tenancies: Details of current tenants and lease agreements, used when the property is sold with sitting tenants
2. Mortgage Arrangements: Provisions for dealing with existing mortgages or new financing, included when there are outstanding loans
3. Renovation Requirements: Specific agreements about necessary renovations or repairs, included when property requires work
4. Co-ownership Rules: Special provisions for shared facilities and common areas, included for properties in multi-unit buildings
5. Pre-emption Rights: Handling of any existing pre-emption rights, included when such rights exist
6. Energy Modernization: Agreements about pending or required energy efficiency improvements, included when relevant
7. Parking Arrangements: Details about parking spaces or garage usage rights, included when parking is part of the sale
1. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
2. Floor Plans: Official floor plans and property measurements
3. Energy Certificate: Legally required energy performance certificate (Energieausweis)
4. Property Photos: Documented condition of the property at time of sale
5. Building Documentation: Technical specifications, maintenance records, and renovation history
6. Declaration of Division: Teilungserklärung showing apartment division and ownership structure
7. House Rules: Current house rules and regulations for the property
8. Property Management Contracts: Existing contracts for property management and maintenance
Relevant legal definitions
Agreement
Property
Purchase Price
Completion Date
Land Register
Grundbuch
Handover Date
Common Areas
Special Right of Use Areas
Teilungserklärung
Maintenance Reserve
Property Management Agreement
Encumbrances
Auflassung
Business Day
Completion Notice
Condominium Association
Existing Tenancies
Fixtures and Fittings
Ground Rent
House Rules
Living Space
Maintenance Charges
Notarial Deed
Operating Costs
Partial Ownership Rights
Pre-emptive Rights
Property Tax
Real Estate Transfer Tax
Registration Requirements
Residential Unit
Security Deposit
Seller's Warranties
Service Charges
Title Deed
Transfer of Ownership
Usage Rights
Utility Contracts
WEG (Wohnungseigentumsgesetz)
Ancillary Costs
Property
Purchase Price
Completion Date
Land Register
Grundbuch
Handover Date
Common Areas
Special Right of Use Areas
Teilungserklärung
Maintenance Reserve
Property Management Agreement
Encumbrances
Auflassung
Business Day
Completion Notice
Condominium Association
Existing Tenancies
Fixtures and Fittings
Ground Rent
House Rules
Living Space
Maintenance Charges
Notarial Deed
Operating Costs
Partial Ownership Rights
Pre-emptive Rights
Property Tax
Real Estate Transfer Tax
Registration Requirements
Residential Unit
Security Deposit
Seller's Warranties
Service Charges
Title Deed
Transfer of Ownership
Usage Rights
Utility Contracts
WEG (Wohnungseigentumsgesetz)
Ancillary Costs
Clauses
Parties
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Land Registration
Property Handover
Warranties and Representations
Encumbrances
Condition of Property
Pre-emptive Rights
Costs and Taxes
Notarization
Property Management
Common Areas
Maintenance Obligations
Existing Tenancies
Energy Performance
Utilities Transfer
Insurance
Default and Remedies
Force Majeure
Notices
Severability
Governing Law
Amendments
Entire Agreement
Assignment
Succession
Confidentiality
Property Description
Purchase Price
Payment Terms
Transfer of Ownership
Land Registration
Property Handover
Warranties and Representations
Encumbrances
Condition of Property
Pre-emptive Rights
Costs and Taxes
Notarization
Property Management
Common Areas
Maintenance Obligations
Existing Tenancies
Energy Performance
Utilities Transfer
Insurance
Default and Remedies
Force Majeure
Notices
Severability
Governing Law
Amendments
Entire Agreement
Assignment
Succession
Confidentiality
Relevant Industries
Real Estate
Property Development
Banking & Finance
Legal Services
Property Management
Construction
Housing & Residential
Urban Development
Professional Services
Property Investment
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Acquisitions
Investment
Operations
Customer Relations
Documentation
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Property Manager
Real Estate Developer
Mortgage Advisor
Property Surveyor
Legal Counsel
Real Estate Investment Manager
Property Portfolio Manager
Compliance Officer
Real Estate Transaction Manager
Housing Director
Property Acquisitions Manager
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