Letter Of Reservation for Germany

Letter Of Reservation Template for Germany

A Letter of Reservation under German law (Reservierungsvereinbarung) is a preliminary agreement document used in real estate transactions to formally establish the intention of a potential buyer to purchase a specific property and the seller's commitment to temporarily withdraw the property from the market. The document outlines the terms of the reservation period, including any reservation fees, the intended purchase price, and conditions for proceeding to a full purchase agreement. While not as formally binding as a purchase contract, it creates certain legal obligations under German civil law (Bürgerliches Gesetzbuch) and serves as an important step in the property acquisition process.

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What is a Letter Of Reservation?

The Letter of Reservation (Reservierungsvereinbarung) is a crucial document in German real estate transactions, typically used in the preliminary stages of property purchases. It serves as an intermediate step between initial interest and the final purchase agreement, providing security for both parties during negotiations. This document is particularly relevant when dealing with new developments, off-plan properties, or high-demand real estate where buyers need to secure their interest before proceeding with full due diligence. The letter typically includes details of the property, reservation period, any reservation fees, and basic terms of the intended transaction. While not as formally binding as a purchase agreement, it creates certain legal obligations under German law and often requires careful consideration of various aspects of the Bürgerliches Gesetzbuch (German Civil Code). The document is especially common in commercial real estate transactions and new residential developments where the property may not be immediately ready for a full purchase agreement.

What sections should be included in a Letter Of Reservation?

1. Parties: Full legal names and addresses of both the potential buyer (Interessent) and the seller/developer (Verkäufer/Bauträger)

2. Property Details: Precise description of the property being reserved, including address, land register details, and specific unit information if applicable

3. Reservation Period: Clear specification of the duration for which the property will be reserved, including start and end dates

4. Reservation Fee: Amount of the reservation fee, payment terms, and conditions for refund or application to purchase price

5. Exclusivity Terms: Confirmation that the seller will not offer the property to other parties during the reservation period

6. Intended Purchase Price: Indication of the expected purchase price for the property, subject to final agreement

7. Next Steps: Overview of the process toward the final purchase agreement, including expected timeline

What sections are optional to include in a Letter Of Reservation?

1. Due Diligence Rights: Terms allowing the potential buyer to conduct property inspections and review documents during the reservation period

2. Financing Clause: Conditions related to the buyer's financing arrangements and any contingencies based on obtaining financing

3. Property Specifications: For new developments or properties under construction, detailed specifications of the planned property features

4. Broker Information: Details of any involved real estate brokers and their role, if applicable

5. Confidentiality Provisions: Terms regarding confidentiality of the reservation and associated negotiations

What schedules should be included in a Letter Of Reservation?

1. Property Plans: Floor plans, site plans, or construction plans if relevant

2. Property Documents: List of relevant property documents provided or to be provided

3. Payment Schedule: Detailed breakdown of the reservation fee payment terms and conditions

4. Property Specifications: Detailed technical specifications for properties under construction or planned renovations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Letter

Cost

Free to use

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