The Wholesale Real Estate Contract is a specialized legal instrument used in German commercial property transactions where real estate is transferred between commercial entities, typically involving larger-scale or multiple property deals. This document type is essential when conducting wholesale property transactions in Germany, requiring strict adherence to German property law, including mandatory notarization under the BGB and registration in the land registry (Grundbuch). The contract encompasses comprehensive due diligence provisions, detailed property specifications, commercial terms, and specific requirements for wholesale transactions. It is particularly relevant for investment companies, property developers, and commercial real estate portfolios operating under German jurisdiction, where bulk property transfers or commercial-scale real estate transactions are involved.
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1. Parties (Vertragsparteien): Identification of seller and buyer with full legal details as required under German law
2. Background (Vorbemerkung): Context of the transaction and relationship between parties
3. Definitions (Definitionen): Key terms used throughout the contract
4. Object of Purchase (Kaufgegenstand): Detailed description of the property including land registry details, address, and all included items
5. Purchase Price (Kaufpreis): Purchase price, payment terms, and escrow arrangements
6. Due Diligence (Due Diligence): Seller's obligations to provide documentation and buyer's inspection rights
7. Conditions Precedent (Aufschiebende Bedingungen): Conditions that must be met before closing
8. Representations and Warranties (Zusicherungen und Gewährleistungen): Seller's warranties about the property's condition and legal status
9. Transfer of Possession (Besitzübergang): Terms for transferring physical possession and associated risks
10. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs and tax obligations
11. Registration Authorization (Auflassungsvollmacht): Authorization for land registry registration
12. Notices (Mitteilungen): Communication procedures between parties
13. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Confirmation of German law application and jurisdiction
1. Financing Conditions (Finanzierungsbedingungen): Include when buyer requires specific financing arrangements
2. Property Management (Hausverwaltung): Include when the property has existing management contracts
3. Tenant Provisions (Mieterregelungen): Include when property is sold with existing tenants
4. Environmental Provisions (Umweltbestimmungen): Include when environmental issues are present
5. Development Rights (Baurechte): Include when property has unused development potential
6. Assignment Rights (Abtretungsrechte): Include when wholesale buyer may want to assign rights before closing
7. Special Use Provisions (Sondernutzungsrechte): Include when property has special use rights or restrictions
1. Property Description (Objektbeschreibung): Detailed technical description of the property including floor plans and specifications
2. Land Registry Extract (Grundbuchauszug): Current extract from the land registry
3. Due Diligence Documents (Due-Diligence-Unterlagen): List of all documents provided during due diligence
4. Existing Contracts (Bestehende Verträge): List and copies of relevant existing contracts
5. Property Condition Report (Zustandsbericht): Technical assessment of property condition
6. Energy Certificate (Energieausweis): Mandatory energy performance certificate
7. Payment Schedule (Zahlungsplan): Detailed schedule of payment terms and conditions
8. Property Plans (Grundstückspläne): Official site plans and building plans
Relevant legal definitions
Acquisition Date
Agreed Condition
Appendices
Applicable Law
Auflassung
Authorized Representative
Business Day
Closing
Closing Date
Completion
Contract
Due Diligence Period
Effective Date
Encumbrances
Environmental Laws
Existing Leases
German Civil Code
Grundbuch
Kaufpreis
Land Registry
Material Adverse Change
Notary
Notice
Parties
Permitted Use
Property
Property Documents
Property Portfolio
Purchase Price
Purchaser
Real Estate Transfer Tax
Related Agreements
Seller
Service Contracts
Signing Date
Title Documents
Transaction
Transfer Date
Warranties
Wholesale Package
Agreed Condition
Appendices
Applicable Law
Auflassung
Authorized Representative
Business Day
Closing
Closing Date
Completion
Contract
Due Diligence Period
Effective Date
Encumbrances
Environmental Laws
Existing Leases
German Civil Code
Grundbuch
Kaufpreis
Land Registry
Material Adverse Change
Notary
Notice
Parties
Permitted Use
Property
Property Documents
Property Portfolio
Purchase Price
Purchaser
Real Estate Transfer Tax
Related Agreements
Seller
Service Contracts
Signing Date
Title Documents
Transaction
Transfer Date
Warranties
Wholesale Package
Clauses
Property Identification
Purchase Price
Payment Terms
Due Diligence
Property Transfer
Land Registry Registration
Warranties and Representations
Condition Precedent
Property Inspection
Title Guarantee
Environmental Compliance
Existing Tenancies
Tax Matters
Insurance
Assignment
Confidentiality
Force Majeure
Termination
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Costs and Expenses
Property Management
Indemnification
Compliance with Laws
Risk Transfer
Property Access
Multiple Property Provisions
Portfolio Management
Broker Provisions
Notarization Requirements
Post-Closing Obligations
Default Remedies
Purchase Price
Payment Terms
Due Diligence
Property Transfer
Land Registry Registration
Warranties and Representations
Condition Precedent
Property Inspection
Title Guarantee
Environmental Compliance
Existing Tenancies
Tax Matters
Insurance
Assignment
Confidentiality
Force Majeure
Termination
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Costs and Expenses
Property Management
Indemnification
Compliance with Laws
Risk Transfer
Property Access
Multiple Property Provisions
Portfolio Management
Broker Provisions
Notarization Requirements
Post-Closing Obligations
Default Remedies
Relevant Industries
Commercial Real Estate
Real Estate Investment
Property Development
Real Estate Investment Trusts (REITs)
Property Management
Construction
Real Estate Finance
Real Estate Wholesale
Urban Development
Property Investment
Relevant Teams
Legal
Real Estate
Investment
Finance
Compliance
Operations
Asset Management
Property Management
Acquisitions
Due Diligence
Risk Management
Corporate Development
Relevant Roles
Real Estate Investment Manager
Commercial Property Director
Legal Counsel
Real Estate Transaction Manager
Property Portfolio Manager
Real Estate Development Director
Investment Analyst
Real Estate Acquisitions Manager
Property Operations Manager
Compliance Officer
Real Estate Finance Manager
Asset Manager
Real Estate Broker
Property Valuation Specialist
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