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
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