The Simple Offer To Purchase Real Estate Form is a crucial document used in German real estate transactions when a potential buyer wishes to formalize their interest in purchasing a property. This document is typically used at the pre-contractual stage, before the mandatory notarized purchase agreement (Kaufvertrag) is prepared. It serves to document the buyer's serious intent and outline key terms of the proposed transaction, including property details, purchase price, payment structure, and any conditions precedent. Under German law, while this initial offer form doesn't require notarization, it should be drafted with consideration of the subsequent formal requirements and the specific provisions of the German Civil Code (BGB) regarding real estate transactions. The document helps establish clear communication between parties and can serve as a basis for the final notarized purchase agreement.
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1. Parties: Identification and details of the potential buyer (offeror) and property owner (offeree), including full legal names, addresses, and contact information
2. Background: Brief context of the offer, including how the buyer became aware of the property and any prior discussions
3. Definitions: Key terms used throughout the document, including 'Property', 'Purchase Price', 'Closing Date', etc.
4. Property Description: Detailed legal description of the property, including land registry details (Grundbuch), parcel numbers, and exact address
5. Purchase Price: The offered purchase price, currency, and whether it includes VAT if applicable
6. Payment Terms: Structure of payments, including deposit amount, timing, and method of payment
7. Due Diligence Period: Timeframe and conditions for property inspection, document review, and technical assessments
8. Closing Conditions: Prerequisites for closing, including financing conditions and necessary approvals
9. Notarization Requirement: Acknowledgment of German law requirement for notarization of the final purchase agreement
10. Offer Validity: Period during which the offer remains valid and binding on the offeror
11. Governing Law: Confirmation that the offer and subsequent transaction will be governed by German law
1. Financing Contingency: Details of financing conditions if the offer is subject to the buyer obtaining mortgage approval
2. Property Condition: Specific conditions regarding the current state of the property and any required repairs or modifications
3. Existing Tenancies: Information about current tenants and lease agreements if the property is rented
4. Planning Permissions: Conditions related to existing or required building permits if renovation or development is planned
5. Environmental Matters: Specific conditions regarding environmental assessments or known environmental issues
6. Broker Provisions: Details of real estate agent involvement and commission arrangements if applicable
7. Furniture and Fixtures: List of movable items included or excluded from the sale
8. Usage Rights: Special rights or restrictions associated with the property (e.g., rights of way, easements)
1. Property Plans: Floor plans, site plans, and boundary maps of the property
2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
3. Property Photographs: Recent photographs documenting the current condition of the property
4. Technical Documentation: Building specifications, energy certificate, and technical assessments
5. Inventory List: Detailed list of included furniture, fixtures, and equipment if applicable
6. Proof of Funds: Documentation demonstrating the buyer's ability to complete the purchase
7. Building Permits: Copies of existing building permits and development approvals
8. Property Charges: Documentation of property taxes, utility costs, and other regular charges
Relevant legal definitions
Agreement
Offer
Property
Land Register Extract (Grundbuchauszug)
Purchase Price
Deposit
Closing Date
Due Diligence Period
Due Diligence Materials
Effective Date
Encumbrances
Environmental Laws
Existing Tenancies
Fixtures and Fittings
Land Registry (Grundbuch)
Notary
Notarization Date
Offeror
Offeree
Permitted Use
Property Documents
Purchase Agreement (Kaufvertrag)
Real Estate Agent
Registration Requirements
Signing Date
Title Documents
Transfer Date
Utilities
VAT
Building Permits (Baugenehmigungen)
Acceptance Period
Completion
Consideration
Property Rights (Grundstücksrechte)
Warranties
Offer
Property
Land Register Extract (Grundbuchauszug)
Purchase Price
Deposit
Closing Date
Due Diligence Period
Due Diligence Materials
Effective Date
Encumbrances
Environmental Laws
Existing Tenancies
Fixtures and Fittings
Land Registry (Grundbuch)
Notary
Notarization Date
Offeror
Offeree
Permitted Use
Property Documents
Purchase Agreement (Kaufvertrag)
Real Estate Agent
Registration Requirements
Signing Date
Title Documents
Transfer Date
Utilities
VAT
Building Permits (Baugenehmigungen)
Acceptance Period
Completion
Consideration
Property Rights (Grundstücksrechte)
Warranties
Clauses
Property Description
Purchase Price
Payment Terms
Deposit
Due Diligence
Property Transfer
Notarization Requirements
Title Transfer
Property Condition
Representations and Warranties
Encumbrances
Environmental Matters
Existing Tenancies
Utilities and Charges
Property Insurance
Risk Transfer
Contingencies
Financing Conditions
Inspection Rights
Land Registry Requirements
Default and Remedies
Force Majeure
Governing Law
Notices
Assignment
Amendments
Severability
Entire Agreement
Time Limits
Acceptance Process
Purchase Price
Payment Terms
Deposit
Due Diligence
Property Transfer
Notarization Requirements
Title Transfer
Property Condition
Representations and Warranties
Encumbrances
Environmental Matters
Existing Tenancies
Utilities and Charges
Property Insurance
Risk Transfer
Contingencies
Financing Conditions
Inspection Rights
Land Registry Requirements
Default and Remedies
Force Majeure
Governing Law
Notices
Assignment
Amendments
Severability
Entire Agreement
Time Limits
Acceptance Process
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Urban Development
Residential Housing
Commercial Property
Investment and Asset Management
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Investment
Finance
Compliance
Risk Management
Corporate Development
Operations
Relevant Roles
Real Estate Manager
Property Acquisition Manager
Legal Counsel
Real Estate Agent
Property Developer
Investment Manager
Asset Manager
Property Surveyor
Real Estate Analyst
Compliance Officer
Risk Manager
Corporate Lawyer
Finance Director
Property Portfolio Manager
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