The Registered Agreement For Sale Of Property is a fundamental legal document used in German real estate transactions to transfer ownership of real property. It is essential for any property sale in Germany, whether residential, commercial, or industrial. The agreement must comply with strict German legal requirements, including mandatory notarization and registration in the Grundbuch (Land Register). This document type is particularly significant as it combines both the obligation to transfer property (schuldrechtliches Geschäft) and the actual conveyance (dingliches Geschäft) in German property law. It includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and specific German legal requirements such as energy certificates and property transfer tax obligations. The document is crucial for protecting both buyer and seller interests while ensuring compliance with German property transfer regulations.
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1. Parties: Detailed identification of the seller and purchaser, including full legal names, addresses, and registration details if companies are involved
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal concepts
4. Property Description: Detailed legal description of the property as registered in the Grundbuch, including land registry details and cadastral information
5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Terms governing the transfer of title, including Auflassung (conveyance) declarations and registration requirements
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Possession and Risk: Provisions regarding transfer of possession, keys, and risk allocation
9. Costs and Taxes: Allocation of transaction costs, including notary fees, registration costs, and transfer taxes
10. Due Diligence Results: Confirmation of property inspection and acceptance of condition
11. Notarization and Registration: Provisions regarding the notarization process and land registry registration requirements
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Mortgage and Financing: Required if there are existing mortgages to be discharged or new financing arrangements
2. Tenant Provisions: Required if the property is sold with existing tenants, addressing lease agreements and tenant rights
3. Environmental Provisions: Required if there are known environmental issues or specific environmental warranties needed
4. Construction Obligations: Required if there are incomplete construction works or renovation obligations
5. Pre-emption Rights: Required if there are statutory or contractual pre-emption rights to be addressed
6. Monument Protection: Required if the property is listed as a protected historical monument
7. Easements and Rights of Way: Required if there are specific easements or rights of way that need to be addressed
8. Development Restrictions: Required if there are specific building or development restrictions on the property
1. Property Plans: Official cadastral plans and property drawings
2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Building Permits: Copies of relevant building permits and certificates
5. Inventory List: List of fixtures and fittings included in the sale
6. Environmental Reports: Any environmental assessments or soil reports
7. Property Tax Assessment: Current property tax assessment and payment status
8. Building Documentation: Technical documentation, floor plans, and building specifications
Relevant legal definitions
Agreement
Auflassung
Business Day
Closing Date
Completion
Contract Period
Due Diligence Period
Easements
Effective Date
Encumbrances
Energieausweis
Environmental Laws
Fixtures and Fittings
Grundbuch
Grundbuchamt
Grunderwerbsteuer
Land Charge
Land Register
Material Adverse Change
Notarial Deed
Notary
Party/Parties
Permitted Use
Property
Property Rights
Purchase Price
Registration Requirements
Seller's Warranties
Title Documents
Transfer Date
Utility Contracts
VAT
Warranties
Auflassung
Business Day
Closing Date
Completion
Contract Period
Due Diligence Period
Easements
Effective Date
Encumbrances
Energieausweis
Environmental Laws
Fixtures and Fittings
Grundbuch
Grundbuchamt
Grunderwerbsteuer
Land Charge
Land Register
Material Adverse Change
Notarial Deed
Notary
Party/Parties
Permitted Use
Property
Property Rights
Purchase Price
Registration Requirements
Seller's Warranties
Title Documents
Transfer Date
Utility Contracts
VAT
Warranties
Clauses
Property Description
Purchase Price
Payment Terms
Title Transfer
Registration Requirements
Warranties and Representations
Due Diligence
Conditions Precedent
Completion Obligations
Risk and Insurance
Property Charges
Tax Provisions
Environmental Compliance
Existing Tenancies
Encumbrances
Building Permits
Energy Certification
Utilities and Services
Property Management
Notarization Requirements
Land Registry
Pre-emption Rights
Force Majeure
Assignment
Severability
Costs and Expenses
Notices
Dispute Resolution
Governing Law
Entire Agreement
Purchase Price
Payment Terms
Title Transfer
Registration Requirements
Warranties and Representations
Due Diligence
Conditions Precedent
Completion Obligations
Risk and Insurance
Property Charges
Tax Provisions
Environmental Compliance
Existing Tenancies
Encumbrances
Building Permits
Energy Certification
Utilities and Services
Property Management
Notarization Requirements
Land Registry
Pre-emption Rights
Force Majeure
Assignment
Severability
Costs and Expenses
Notices
Dispute Resolution
Governing Law
Entire Agreement
Relevant Industries
Real Estate
Banking and Finance
Legal Services
Construction
Property Development
Property Management
Hospitality
Retail
Industrial
Agriculture
Commercial Office Space
Residential Housing
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Finance
Tax
Compliance
Operations
Facilities Management
Asset Management
Investment
Risk Management
Relevant Roles
Real Estate Attorney
Property Lawyer
Real Estate Agent
Property Manager
Corporate Counsel
Legal Director
Chief Legal Officer
Real Estate Development Manager
Asset Manager
Investment Manager
Facilities Manager
Property Surveyor
Notary
Land Registry Officer
Commercial Director
Chief Financial Officer
Tax Advisor
Real Estate Portfolio Manager
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