Property Sales Contract Between Seller And Buyer Template for Germany

The Property Sales Contract Between Seller And Buyer is a fundamental legal document in German real estate transactions, essential for any transfer of real property ownership. This contract type is governed by the German Civil Code (BGB) and must be notarized to be legally valid. It is used whenever real estate property is bought or sold in Germany, whether for residential, commercial, or industrial purposes. The document encompasses all crucial aspects of the property transaction, including detailed property description, purchase price, payment terms, warranties, and specific requirements for German land registry registration. It addresses various contingencies such as existing encumbrances, property conditions, and transfer of possession, while ensuring compliance with German property law requirements. The contract's structure and content are designed to protect both parties' interests while fulfilling all legal requirements for property transfer in Germany.

1. Parties (Vertragsparteien): Identification and details of the seller and buyer, including full names, addresses, and marital status if relevant

2. Background (Vorbemerkung): Context of the sale and brief description of the property transaction

3. Definitions (Definitionen): Key terms used throughout the agreement

4. Property Description (Kaufgegenstand): Detailed description of the property including land register details, exact address, and size

5. Purchase Price (Kaufpreis): Agreed purchase price and payment terms

6. Payment Terms (Zahlungsmodalitäten): Details of how and when payments will be made, including escrow arrangements

7. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership, including land registry requirements

8. Possession, Benefits and Burdens (Besitz, Nutzen und Lasten): Date and conditions for transferring possession and associated rights and obligations

9. Warranties and Representations (Gewährleistung): Seller's warranties about the property's condition and any exclusions

10. Encumbrances (Belastungen): Existing mortgages, easements, or other encumbrances and how they will be handled

11. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, taxes, and fees between parties

12. Land Register Consents (Grundbucherklärungen): Necessary declarations for land registry purposes

13. Execution and Notarization (Ausfertigung und Beurkundung): Formal execution requirements and notarization provisions