The Residential Sale Agreement (Kaufvertrag für Wohnimmobilien) is a fundamental legal document used in German property transactions. It is essential for any transfer of residential property ownership in Germany and must be notarized to be legally valid. The document is used when an individual or entity wishes to sell residential property to another party, whether for personal use or investment purposes. It includes crucial information about the property, parties involved, purchase price, payment terms, warranties, and specific requirements under German property law. The agreement must comply with various German regulations, including the Civil Code (BGB), Land Register Law (GrundBG), and Energy Saving Ordinance (EnEV). It serves as the basis for the property transfer in the land registry (Grundbuch) and triggers various legal obligations, including real estate transfer tax (Grunderwerbsteuer).
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact location, and size
5. Purchase Price: Agreement on purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Terms for the transfer of title (Auflassung) and registration in the land register (Grundbuch)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Handover and Possession: Terms for physical handover of the property and transfer of possession
9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees
10. Due Diligence: Buyer's inspection rights and documentation requirements
11. Notarization: Acknowledgment of notarization requirement and process
12. Governing Law: Confirmation of German law application and jurisdiction
1. Mortgage and Financing: Required if the buyer is obtaining mortgage financing or if existing mortgages need to be discharged
2. Condominium Provisions: Required for properties subject to the German Condominium Act (WEG)
3. Rental Situation: Required if the property is currently rented and details of existing tenancies need to be addressed
4. Environmental Matters: Required if there are specific environmental considerations or contamination issues
5. Development Rights: Required if there are pending or potential development opportunities
6. Heritage Protection: Required if the property is subject to monument protection (Denkmalschutz)
7. Rights of Way: Required if there are easements or rights of way affecting the property
8. Fixtures and Fittings: Required if specific items are included or excluded from the sale
1. Property Plan: Official cadastral plan and property boundaries
2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: List of fixtures, fittings, and furniture included in the sale
5. Building Permits: Copies of relevant building permits and certificates
6. Property Photographs: Documentary photographs of the property condition
7. Technical Reports: Any relevant survey, structural, or environmental reports
8. Payment Schedule: Detailed schedule of payment terms and installments
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