The Private Home Loan Contract is a essential document in German residential property financing, used when a financial institution provides a loan to private individuals for purchasing, constructing, or renovating residential property. This template ensures compliance with German banking regulations, consumer protection laws, and civil code requirements, particularly the stringent provisions of the German Civil Code (BGB) regarding consumer credit. It includes mandatory information about interest rates, repayment terms, security arrangements through land charges or mortgages, and the statutory right of withdrawal. The document is structured to meet the formal requirements of German law while remaining clear and comprehensible for private borrowers, as required by consumer protection legislation.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and any registration details
2. Background: Brief context of the loan purpose and property details
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose of the loan
5. Interest Rate: Detailed terms of the interest rate, whether fixed or variable, calculation method, and effective annual rate (APR)
6. Term and Repayment: Loan duration, repayment schedule, and payment methods
7. Security: Details of the mortgage or land charge (Grundschuld) securing the loan
8. Disbursement Conditions: Conditions precedent for loan disbursement
9. Borrower's Representations: Warranties and representations by the borrower regarding their financial situation and the property
10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and information requirements
11. Events of Default: Circumstances constituting default and consequences
12. Right of Withdrawal: Statutory withdrawal rights (Widerrufsrecht) and process as required by German law
13. Costs and Fees: All costs associated with the loan and responsibility for payment
14. Notices: Communication methods and contact details for formal notices
15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Pre-payment Terms: Terms for early repayment, including any compensation fees - required if early repayment is permitted
2. Interest Rate Adjustment: Mechanisms for interest rate changes - required for variable rate loans
3. Additional Borrowers: Terms for joint borrowers - required when there are multiple borrowers
4. Property Insurance Requirements: Specific insurance requirements beyond standard obligations - required for high-value properties or special circumstances
5. Construction Provisions: Special terms for construction loans - required when financing new construction or renovations
6. State Subsidies: Terms related to state support programs - required when the loan involves government subsidies
1. Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest/principal split
2. Property Description: Detailed description of the property including land register details (Grundbuch)
3. Interest Calculation Methods: Detailed explanation of interest calculation including examples
4. Fee Schedule: Comprehensive list of all applicable fees and charges
5. Required Insurance Coverage: Detailed specifications for required property and payment protection insurance
6. Withdrawal Form: Standard form for exercising withdrawal rights (Widerrufsformular)
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