The Real Estate Sales Contract Form is a crucial document used in German property transactions to formalize the sale and purchase of real estate. It must comply with strict German legal requirements, including mandatory notarization and specific provisions under the German Civil Code (BGB). This document is essential for any property transaction in Germany, whether involving residential, commercial, or industrial real estate. It contains all necessary elements for a valid property transfer, including detailed property description, price arrangements, warranties, and closing conditions. The contract ensures compliance with German property law, tax regulations, and land registry requirements, providing a secure legal framework for both sellers and buyers. It is typically prepared by or in consultation with a German notary, who will also oversee the execution process.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if any party is a legal entity
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 location, size, and boundaries
5. Purchase Price: The agreed purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Due Diligence Results: Confirmation of property inspection and acceptance of condition
9. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
10. Possession and Risk Transfer: Date and conditions for transferring possession and risk to the buyer
11. Notices: Communication requirements and contact details for formal notices
12. Governing Law: Confirmation of German law application and jurisdiction
13. Severability: Standard clause maintaining validity if individual provisions are invalid
1. Existing Tenancies: Details of current rental agreements if property is tenant-occupied
2. Mortgage Arrangements: Provisions regarding existing mortgages and their discharge or transfer
3. Development Rights: Special provisions regarding building permits or development potential
4. Environmental Provisions: Specific clauses regarding environmental issues or contamination
5. Condominium Association: Special provisions if property is part of a condominium complex
6. Broker Provisions: Details of real estate agent involvement and commission arrangements
7. Special Use Rights: Provisions regarding easements, rights of way, or other special rights
8. Renovation Requirements: Specific agreements about required repairs or renovations before closing
1. Land Registry Extract: Current extract from the German land registry (Grundbuchauszug)
2. Property Plans: Official site plans and building plans
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Building Permits: Copies of relevant building permits and certificates
5. Property Inventory: List of fixtures and fittings included in the sale
6. Encumbrances List: Detailed list of all registered encumbrances and easements
7. Technical Due Diligence: Reports on building condition and technical inspections
8. Property Tax Assessment: Current property tax assessment and payment status
Relevant legal definitions
Property
Purchase Price
Completion Date
Transfer Date
Land Registry
Grundbuch
Closing
Due Diligence Period
Encumbrances
Force Majeure
Notarial Deed
Property Transfer Tax
Purchase Price Security
Seller's Warranties
Title Deed
Existing Tenancies
Building Permits
Energy Certificate
Property Documentation
Handover Protocol
Business Day
Completion Notice
Default Interest Rate
Essential Fixtures
Land Charge
Priority Notice
Real Estate Agent
Registration Costs
Signing Date
Transfer of Possession
Utilities
Working Day
Purchase Price
Completion Date
Transfer Date
Land Registry
Grundbuch
Closing
Due Diligence Period
Encumbrances
Force Majeure
Notarial Deed
Property Transfer Tax
Purchase Price Security
Seller's Warranties
Title Deed
Existing Tenancies
Building Permits
Energy Certificate
Property Documentation
Handover Protocol
Business Day
Completion Notice
Default Interest Rate
Essential Fixtures
Land Charge
Priority Notice
Real Estate Agent
Registration Costs
Signing Date
Transfer of Possession
Utilities
Working Day
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Encumbrances
Registration Requirements
Tax Obligations
Risk Transfer
Insurance
Existing Tenancies
Environmental Compliance
Energy Efficiency
Default and Remedies
Force Majeure
Assignment
Notices
Costs and Expenses
Notarization Requirements
Land Registry Procedures
Severability
Entire Agreement
Governing Law
Dispute Resolution
Property Handover
Utilities Transfer
Building Regulations Compliance
Pre-emptive Rights
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Encumbrances
Registration Requirements
Tax Obligations
Risk Transfer
Insurance
Existing Tenancies
Environmental Compliance
Energy Efficiency
Default and Remedies
Force Majeure
Assignment
Notices
Costs and Expenses
Notarization Requirements
Land Registry Procedures
Severability
Entire Agreement
Governing Law
Dispute Resolution
Property Handover
Utilities Transfer
Building Regulations Compliance
Pre-emptive Rights
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Urban Planning
Architecture
Property Management
Investment & Asset Management
Insurance
Relevant Teams
Legal
Real Estate
Compliance
Finance
Investment
Asset Management
Property Management
Due Diligence
Risk Management
Transaction Advisory
Relevant Roles
Real Estate Lawyer
Property Developer
Real Estate Agent
Real Estate Investment Manager
Property Manager
Notary
Legal Counsel
Compliance Officer
Real Estate Portfolio Manager
Asset Manager
Transaction Manager
Due Diligence Specialist
Real Estate Analyst
Property Valuation Expert
Real Estate Finance Manager
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