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1. Parties: Identification of the Seller/Landlord and Buyer/Tenant, including full legal names, addresses, and registration details if companies
2. Background: Context of the transaction, including property description and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Provisions: Terms of the property sale, including purchase price, payment terms, and transfer of ownership
5. Property Transfer: Specific provisions regarding the transfer of title and registration in the land register (Grundbuch)
6. Lease Terms: Essential lease provisions including duration, rent amount, and payment terms
7. Use of Property: Permitted uses of the property and any restrictions
8. Maintenance and Repairs: Responsibilities for property maintenance and repairs during the lease period
9. Insurance and Liability: Insurance requirements and allocation of liability between parties
10. Utilities and Operating Costs: Responsibility for utilities, operating costs, and other expenses
11. Termination: Conditions and procedures for terminating the lease portion of the agreement
12. Representations and Warranties: Statements and guarantees made by both parties regarding the property and transaction
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
14. Notices: Process for formal communications between parties
15. Execution: Signature requirements and execution provisions
1. Furniture and Fixtures: Details of any furniture or fixtures included in the sale and lease, used when property is sold/leased furnished
2. Commercial Use Provisions: Special provisions for commercial properties, including trading licenses and permitted business activities
3. Subletting and Assignment: Terms governing the tenant's right to sublet or assign the lease, typically included for commercial properties
4. Renovation and Alterations: Terms regarding permitted modifications to the property, usually for commercial leases or long-term residential leases
5. Property Management: Provisions regarding property management services if applicable
6. Environmental Compliance: Environmental requirements and certifications, particularly relevant for commercial properties
7. Break Clauses: Optional early termination provisions for longer-term leases
8. Pre-emption Rights: Any rights of first refusal for future sale or lease opportunities
1. Property Description: Detailed description of the property including boundaries, floor plans, and land register details
2. Inventory List: Detailed list of furniture, fixtures, and equipment included in the sale and lease
3. Condition Report: Detailed assessment of the property's condition at the time of sale/lease commencement
4. Payment Schedule: Detailed breakdown of purchase price payments and rent payments
5. Operating Costs Breakdown: Itemized list of operating costs and their allocation between parties
6. Energy Certificate: Energy efficiency certificate (Energieausweis) as required by German law
7. Building Permits: Copies of relevant building permits and certificates
8. Maintenance Schedule: Schedule of required maintenance and inspections
9. Land Register Extract: Current extract from the land register (Grundbuchauszug)
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