The Simple Real Estate Purchase Agreement is a fundamental legal document used in German property transactions, essential for both private and commercial real estate transfers. This agreement must comply with German law, particularly the German Civil Code (BGB), and requires mandatory notarization to be legally valid. It is typically used when parties wish to document a straightforward property purchase without complex contingencies or unusual terms. The document covers all essential aspects of the transaction, including property description, purchase price, payment terms, warranties, and transfer of ownership procedures. It's designed to protect both buyers' and sellers' interests while ensuring compliance with German property law, land registry requirements, and tax regulations. The agreement serves as the basis for the property transfer process and subsequent registration in the German land registry (Grundbuch).
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status where relevant
2. Background: Brief context of the transaction and confirmation that the seller is the registered owner of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details (Grundbuch), parcel numbers, address, and size
5. Purchase Price: Specified purchase price, payment terms, and escrow arrangements
6. Due Diligence Results: Confirmation of property inspection and review of relevant documents
7. Transfer of Ownership: Terms for the Auflassung (conveyance of title) and registration in the land registry
8. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and legal status
9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees
10. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks
11. Governing Law: Confirmation of German law application and jurisdiction
1. Mortgage and Encumbrances: Details of existing mortgages and process for discharge - include when property has existing mortgages
2. Tenant Provisions: Details of existing tenancies and their handling - include when property is currently leased
3. Property Management: Interim management arrangements between signing and completion - include for complex properties
4. Environmental Provisions: Specific clauses regarding environmental issues - include when property has known environmental concerns
5. Building Permits: Status of building permits and compliance - include for properties with recent construction or pending permits
6. Right of Withdrawal: Consumer protection withdrawal rights - include when seller is a business and buyer is a consumer
7. Broker Provisions: Details of broker involvement and commission - include when real estate agents are involved
1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
2. Property Plans: Official cadastral plans and building plans
3. Inventory List: List of fixtures, fittings, and other items included in the sale
4. Due Diligence Reports: Technical, environmental, or structural surveys conducted
5. Energy Certificate: Energieausweis (Energy Performance Certificate)
6. Building Documentation: Relevant building permits, certificates, and maintenance records
Relevant legal definitions
Agreement
Property
Purchase Price
Completion Date
Closing Date
Transfer Date
Grundbuch
Auflassung
Encumbrances
Due Diligence Period
Notarial Deed
Land Registry
Permitted Use
Property Rights
Title Deed
Closing Documents
Grunderwerbsteuer
Material Adverse Change
Warranties
Completion Conditions
Business Day
Fixtures and Fittings
Building Permits
Easements
Existing Tenancies
Force Majeure
Purchase Deed
Registration Fees
Transfer Tax
Property
Purchase Price
Completion Date
Closing Date
Transfer Date
Grundbuch
Auflassung
Encumbrances
Due Diligence Period
Notarial Deed
Land Registry
Permitted Use
Property Rights
Title Deed
Closing Documents
Grunderwerbsteuer
Material Adverse Change
Warranties
Completion Conditions
Business Day
Fixtures and Fittings
Building Permits
Easements
Existing Tenancies
Force Majeure
Purchase Deed
Registration Fees
Transfer Tax
Clauses
Party Identification
Property Description
Purchase Price
Payment Terms
Title Transfer
Property Handover
Warranties and Representations
Due Diligence
Notarization
Land Registry
Tax Obligations
Cost Allocation
Risk Transfer
Existing Encumbrances
Default and Remedies
Force Majeure
Governing Law
Severability
Amendments
Assignment
Notices
Environmental Compliance
Building Compliance
Tenant Rights
Property Condition
Insurance
Dispute Resolution
Registration Requirements
Broker Commission
Property Description
Purchase Price
Payment Terms
Title Transfer
Property Handover
Warranties and Representations
Due Diligence
Notarization
Land Registry
Tax Obligations
Cost Allocation
Risk Transfer
Existing Encumbrances
Default and Remedies
Force Majeure
Governing Law
Severability
Amendments
Assignment
Notices
Environmental Compliance
Building Compliance
Tenant Rights
Property Condition
Insurance
Dispute Resolution
Registration Requirements
Broker Commission
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Property Management
Investment
Housing & Residential
Commercial Property
Urban Development
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Investment
Compliance
Finance
Business Development
Operations
Risk Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Property Developer
Investment Manager
Legal Counsel
Notary
Real Estate Investment Advisor
Property Acquisitions Manager
Real Estate Portfolio Manager
Compliance Officer
Real Estate Transaction Manager
Property Surveyor
Land Registry Officer
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