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1. Parties: Identification of the property owner/lessor and the tenant/potential purchaser, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, including the owner's willingness to lease and potentially sell the property, and the tenant's interest in leasing with an option to purchase
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Lease Period', 'Option Period', 'Purchase Price', 'Option Fee'
4. Property Description: Detailed description of the property including address, land register details, size, and included fixtures and fittings
5. Lease Terms: Terms of the lease including rent amount, payment schedule, duration, and maintenance responsibilities
6. Option Grant: Terms of the option to purchase, including the grant of exclusive right to purchase within the option period
7. Option Period: Duration of the option period and conditions for exercise or expiration
8. Purchase Price and Payment Terms: Agreed purchase price, payment structure, and any rent credits applied to purchase
9. Exercise of Option: Process and requirements for exercising the option to purchase
10. Property Condition and Inspections: Current condition of the property, inspection rights, and responsibilities for maintenance
11. Insurance and Risk: Insurance requirements and allocation of risk during the lease and option periods
12. Representations and Warranties: Statements and guarantees made by both parties regarding the property and their capacity to enter the agreement
13. Default and Remedies: Consequences of default under either the lease or option provisions and available remedies
14. General Provisions: Standard legal provisions including notices, amendments, governing law, and severability
1. Option Fee Credit: Include when part of the option fee will be credited towards the purchase price
2. Rent Credit: Include when a portion of the rent payments will be credited towards the purchase price
3. Property Management: Include when specific property management arrangements are needed during the lease period
4. Third-Party Rights: Include when there are existing tenants or other third-party rights affecting the property
5. Financing Contingencies: Include when the option exercise is subject to the tenant obtaining financing
6. Environmental Provisions: Include when there are specific environmental concerns or requirements
1. Property Details: Detailed description of the property including floor plans, boundaries, and land register excerpts
2. Inventory List: List of fixtures, fittings, and other items included in the lease and potential sale
3. Payment Schedule: Detailed breakdown of rent payments, option fees, and purchase price calculations
4. Property Condition Report: Detailed documentation of the property's condition at the start of the lease
5. Energy Performance Certificate: Mandatory energy performance documentation as required by German law
6. Land Register Extract: Current extract from the land register showing ownership and encumbrances
Property
Land Register (Grundbuch)
Lessor
Lessee
Commencement Date
Lease Term
Option Period
Option Fee
Purchase Price
Completion Date
Lease Payment
Security Deposit (Kaution)
Operating Costs (Betriebskosten)
Exercise Notice
Permitted Use
Business Day
Force Majeure
Notarial Deed (Notarielle Urkunde)
Land Transfer Tax (Grunderwerbsteuer)
Property Manager
Building Rules (Hausordnung)
Energy Performance Certificate (Energieausweis)
Fixtures and Fittings
Common Areas
Option Exercise Date
Purchase Completion Date
Due Diligence Period
Rent Credit
Transfer of Ownership (Eigentumsübertragung)
Maintenance Obligations
Insurance Requirements
Default Event
Remedies
Utilities
Option Grant
Lease Terms
Purchase Terms
Payment Obligations
Property Condition
Insurance
Assignment and Subletting
Default and Termination
Maintenance and Repairs
Utilities and Services
Property Access
Warranties and Representations
Force Majeure
Dispute Resolution
Governing Law
Notices
Confidentiality
Environmental Compliance
Title and Ownership
Registration Requirements
Tax Provisions
Indemnification
Severability
Amendment
Entire Agreement
Notarization
Third Party Rights
Property Use Restrictions
Due Diligence
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Hospitality
Industrial
Office Space
Manufacturing
Logistics
Agriculture
Legal
Real Estate
Finance
Operations
Risk Management
Business Development
Asset Management
Property Management
Facilities Management
Contract Administration
Investment
Real Estate Manager
Property Developer
Commercial Director
Legal Counsel
Chief Financial Officer
Asset Manager
Property Manager
Investment Manager
Real Estate Agent
Facilities Manager
Business Development Manager
Contract Manager
Risk Manager
Operations Director
Corporate Real Estate Manager
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