The Simple Land Purchase Agreement (Grundstückskaufvertrag) is a fundamental legal document used in German real estate transactions for transferring land ownership. It must comply with strict German legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). This document is essential when purchasing or selling any type of land property in Germany, whether for residential, commercial, or industrial purposes. It includes crucial elements such as property details, purchase price, payment terms, warranties, and specific provisions required under German law. The agreement serves as the primary instrument for documenting the transaction terms and ensuring legal compliance with German property transfer regulations, making it indispensable for both private and commercial real estate transactions.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact measurements, and boundaries
5. Purchase Price: Specified purchase price and payment terms including deposit requirements and payment schedule
6. Transfer of Ownership: Terms regarding the Auflassung (conveyance) and registration in the land registry (Grundbuch)
7. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition
8. Condition of Property: Current state of the property and any known defects or issues
9. Costs and Taxes: Allocation of transaction costs, including transfer tax, notary fees, and registration costs
10. Possession and Risk: Date of transfer of possession and allocation of risks
11. Notarization: Acknowledgment of notarization requirement and process
12. Governing Law: Confirmation of German law application and jurisdiction
13. Execution: Signature requirements and execution process
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances - include if property has existing registered rights
2. Tenant Rights: Information about existing tenancies - include if property is currently leased
3. Environmental Conditions: Specific provisions regarding environmental status - include if property has known environmental issues
4. Development Rights: Details of building permits or development potential - include if relevant to the transaction
5. Broker Provisions: Details of any broker involvement and fees - include if brokers are involved
6. Pre-emption Rights: Handling of any statutory or contractual pre-emption rights - include if applicable
7. VAT Election: VAT treatment of the transaction - include if seller is VAT-registered and property is commercial
8. Financing Conditions: Provisions related to purchaser's financing - include if purchase is dependent on financing
1. Property Plan: Official cadastral plan showing property boundaries and measurements
2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
3. Property Inventory: List of fixtures and fittings included in the sale
4. Building Documentation: Relevant building permits, certificates, and technical documentation
5. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
6. Soil Assessment: Any available soil analysis or contamination reports
7. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
Relevant legal definitions
Agreement
Property
Land Registry (Grundbuch)
Purchase Price
Completion Date
Conveyance (Auflassung)
Encumbrances
Business Day
Completion
Due Diligence Period
Effective Date
Fixtures and Fittings
Land Registry Office (Grundbuchamt)
Material Adverse Change
Notary
Permitted Use
Property Documents
Purchase Price Payment Date
Real Estate Transfer Tax (Grunderwerbsteuer)
Registration
Seller's Warranties
Settlement Date
Title Documents
Transfer of Possession (Übergabe)
Utilities
Vacant Possession
Building Permits (Baugenehmigungen)
Development Rights (Baurecht)
Environmental Laws
Existing Leases
Property Charges
Registration Requirements
Survey Plan (Lagepläne)
Title Deed (Grundbuchauszug)
Property
Land Registry (Grundbuch)
Purchase Price
Completion Date
Conveyance (Auflassung)
Encumbrances
Business Day
Completion
Due Diligence Period
Effective Date
Fixtures and Fittings
Land Registry Office (Grundbuchamt)
Material Adverse Change
Notary
Permitted Use
Property Documents
Purchase Price Payment Date
Real Estate Transfer Tax (Grunderwerbsteuer)
Registration
Seller's Warranties
Settlement Date
Title Documents
Transfer of Possession (Übergabe)
Utilities
Vacant Possession
Building Permits (Baugenehmigungen)
Development Rights (Baurecht)
Environmental Laws
Existing Leases
Property Charges
Registration Requirements
Survey Plan (Lagepläne)
Title Deed (Grundbuchauszug)
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Notarization Requirements
Registration Requirements
Warranties and Representations
Property Condition
Encumbrances
Due Diligence
Costs and Taxes
Risk Transfer
Insurance
Environmental Matters
Possession and Handover
Pre-emption Rights
Force Majeure
Default and Remedies
Assignment
Notices
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Property Rights
Land Registry
Tax Provisions
Broker Provisions
Utilities Transfer
Building Regulations
Tenant Rights
Termination
Indemnification
Further Assurance
Purchase Price
Payment Terms
Transfer of Title
Notarization Requirements
Registration Requirements
Warranties and Representations
Property Condition
Encumbrances
Due Diligence
Costs and Taxes
Risk Transfer
Insurance
Environmental Matters
Possession and Handover
Pre-emption Rights
Force Majeure
Default and Remedies
Assignment
Notices
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Property Rights
Land Registry
Tax Provisions
Broker Provisions
Utilities Transfer
Building Regulations
Tenant Rights
Termination
Indemnification
Further Assurance
Relevant Industries
Real Estate
Banking & Finance
Construction
Agriculture
Retail
Industrial & Manufacturing
Hospitality
Healthcare
Education
Logistics & Warehousing
Commercial Property Development
Residential Property Development
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities Management
Finance
Compliance
Risk Management
Investment
Operations
Business Development
Asset Management
Relevant Roles
Real Estate Manager
Property Developer
Legal Counsel
Corporate Lawyer
Real Estate Agent
Property Manager
Facilities Manager
Investment Manager
Asset Manager
Commercial Director
Chief Financial Officer
Real Estate Investment Analyst
Development Director
Acquisition Manager
General Counsel
Compliance Officer
Real Estate Portfolio Manager
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