The Private Sale Real Estate Contract is a fundamental legal document used in German property transactions between private parties. It is essential for any transfer of real estate ownership in Germany and must be executed in accordance with strict legal requirements, including mandatory notarization. The document is used when private individuals or entities wish to transfer property ownership and need to formalize all aspects of the transaction, from property description to payment terms. It differs from commercial real estate contracts in its focus on private sales and includes specific consumer protection elements. The contract must comply with German Civil Code requirements, land registry regulations, and property laws, making it a comprehensive document that serves as the basis for property transfer, tax assessment, and registration processes.
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1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and marital status if relevant
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact address, and size
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Payment Conditions: Detailed payment schedule, bank details, and conditions for release of funds
7. Transfer of Ownership: Conditions and timing for the transfer of ownership, including land registry requirements
8. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
9. Property Condition: Current state of the property, known defects, and as-is conditions
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
11. Handover: Timing and conditions for physical handover of the property
12. Pre-emption Rights: Confirmation regarding any existing pre-emption rights
13. Powers of Attorney: Required authorizations for land registry and other formalities
14. Notices: Communication methods and contact details for formal notices
15. Governing Law: Confirmation of German law application and jurisdiction
1. Mortgage Release: Required when existing mortgages need to be discharged
2. Tenant Provisions: Required when the property is sold with existing tenants
3. Construction Obligations: Required when the property includes incomplete construction or renovation obligations
4. Environmental Provisions: Required when there are specific environmental concerns or obligations
5. Heritage Protection: Required for properties under monument protection (Denkmalschutz)
6. Right of Withdrawal: Required when dealing with consumer buyers or specific withdrawal rights
7. Financing Conditions: Required when purchase is subject to buyer obtaining financing
8. Property Management: Required for properties in managed complexes with shared facilities
9. Easements and Rights: Required when specific easements or rights need to be addressed
1. Land Registry Extract: Current official extract from the land registry (Grundbuchauszug)
2. Property Plans: Floor plans, site plans, and cadastral maps
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: List of included fixtures, fittings, and furniture if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Property Documentation: Technical documentation, maintenance records, and warranties
7. Declaration of Partition: For condominiums, the declaration of partition (Teilungserklärung)
8. Previous Agreements: Relevant existing agreements affecting the property
9. Photos: Documented condition of the property at time of sale
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