The For Sale By Owner Contract is a crucial legal instrument in German real estate transactions where property owners choose to sell their property directly to buyers without intermediary representation. This document type has gained increasing relevance in Germany's property market as more owners seek to manage their own sales transactions. The contract must comply with strict German legal requirements, including mandatory notarization, specific format requirements, and inclusion of all essential sale elements as per the German Civil Code (BGB). It's particularly important for private sellers who need to ensure their transaction is legally sound while potentially saving on agent commissions. The document covers all aspects of the property transfer, from initial property description to final ownership transfer, and must include specific provisions required by German property law, such as land registry requirements and energy certificate information.
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1. Parties (Vertragsparteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant
2. Background (Vorbemerkung): Brief context of the sale and confirmation of seller's ownership
3. Definitions (Definitionen): Key terms used throughout the contract
4. Property Description (Kaufgegenstand): Detailed description of the property including address, land registry details, size, and boundaries
5. Purchase Price (Kaufpreis): Agreed purchase price and payment terms
6. Payment Terms (Zahlungsmodalitäten): Details of how and when payment will be made, including escrow arrangements if applicable
7. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership
8. Property Condition (Beschaffenheit des Kaufobjekts): Current condition of the property and any known defects
9. Warranties (Gewährleistung): Warranties provided by the seller and any limitations
10. Possession and Risk Transfer (Besitzübergang und Gefahrübergang): When and how possession will be transferred and assumption of risk
11. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations
12. Land Registry Consent (Grundbucherklärungen): Formal consent for land registry changes
13. Notarization (Beurkundung): Acknowledgment of notarization requirement
1. Existing Tenancies (Bestehende Mietverhältnisse): Include when the property has existing tenants, detailing their rights and status
2. Mortgage Release (Lastenfreistellung): Include when existing mortgages need to be cleared
3. Special Fixtures and Fittings (Besondere Einrichtungen und Ausstattungen): Include when specific items are included or excluded from the sale
4. Building Permits (Baugenehmigungen): Include when there are pending building permits or violations
5. Rights of Way (Wegerechte): Include when there are specific access rights or easements
6. Development Obligations (Baulasten): Include when there are building obligations or restrictions
7. Environmental Issues (Umweltbelange): Include when there are environmental considerations or contamination issues
1. Land Registry Extract (Grundbuchauszug): Current extract from the land registry showing ownership and encumbrances
2. Property Plans (Grundrisszeichnungen): Floor plans and property boundaries
3. Energy Certificate (Energieausweis): Mandatory energy performance certificate
4. Property Inventory (Inventarliste): List of included fixtures, fittings, and furniture if applicable
5. Building Documentation (Bauunterlagen): Relevant building permits and documentation
6. Property Photos (Objektfotos): Current photographs of the property
7. Due Diligence Documents (Due-Diligence-Unterlagen): Technical reports, maintenance records, and other relevant documentation
Relevant legal definitions
Property
Purchase Price
Closing Date
Transfer Date
Land Register
Land Registry Entry
Encumbrances
Due Date
Notarial Deed
Priority Notice
Building Permits
Energy Certificate
Property Tax
Transfer Tax
Fixtures and Fittings
Building Load
Easements
Title Deed
Payment Terms
Possession
Defects
Material Defects
Legal Defects
Warranties
Building Code
Land Charges
Mortgages
Transfer of Ownership
Due Diligence Period
Completion Date
Property Boundaries
Common Areas
Development Rights
Operating Costs
Existing Tenancies
Prior Notices
Building Restrictions
Environmental Conditions
Utilities
Special Right of Use
Purchase Price
Closing Date
Transfer Date
Land Register
Land Registry Entry
Encumbrances
Due Date
Notarial Deed
Priority Notice
Building Permits
Energy Certificate
Property Tax
Transfer Tax
Fixtures and Fittings
Building Load
Easements
Title Deed
Payment Terms
Possession
Defects
Material Defects
Legal Defects
Warranties
Building Code
Land Charges
Mortgages
Transfer of Ownership
Due Diligence Period
Completion Date
Property Boundaries
Common Areas
Development Rights
Operating Costs
Existing Tenancies
Prior Notices
Building Restrictions
Environmental Conditions
Utilities
Special Right of Use
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Property Condition
Warranties and Representations
Notarization Requirements
Land Registry
Due Diligence
Environmental Compliance
Tax Obligations
Risk Transfer
Possession Transfer
Tenant Rights
Encumbrances
Default and Remedies
Force Majeure
Governing Law
Dispute Resolution
Costs and Expenses
Severability
Entire Agreement
Amendment
Notices
Assignment
Liability
Insurance
Mortgage Release
Energy Certificate
Building Permits
Purchase Price
Payment Terms
Transfer of Title
Property Condition
Warranties and Representations
Notarization Requirements
Land Registry
Due Diligence
Environmental Compliance
Tax Obligations
Risk Transfer
Possession Transfer
Tenant Rights
Encumbrances
Default and Remedies
Force Majeure
Governing Law
Dispute Resolution
Costs and Expenses
Severability
Entire Agreement
Amendment
Notices
Assignment
Liability
Insurance
Mortgage Release
Energy Certificate
Building Permits
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Residential Housing
Commercial Property
Urban Development
Property Investment
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Document Management
Asset Management
Transaction Processing
Due Diligence
Contract Administration
Relevant Roles
Property Owner
Real Estate Lawyer
Notary
Property Manager
Legal Counsel
Compliance Officer
Real Estate Investment Manager
Property Developer
Transaction Manager
Due Diligence Specialist
Land Registry Officer
Property Surveyor
Real Estate Administrator
Contract Manager
Legal Document Specialist
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