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Agreement To Sell Immovable Property for Germany

Agreement To Sell Immovable Property Template for Germany

A legally binding document governed by German law that formalizes the sale and transfer of immovable property between parties. This agreement must be notarized under German legal requirements and includes detailed specifications of the property, purchase price, payment terms, and conditions for ownership transfer. It complies with the German Civil Code (BGB) and addresses all necessary aspects of property transfer, including warranties, encumbrances, and land registry requirements. The document serves as the foundation for the property's legal transfer and subsequent registration in the German land registry (Grundbuch).

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Agreement To Sell Immovable Property

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What is a Agreement To Sell Immovable Property?

The Agreement To Sell Immovable Property is a crucial legal document used in German real estate transactions for transferring ownership of land, buildings, or other immovable property. It is essential for both private and commercial property transactions and must comply with strict German legal requirements, including mandatory notarization. This document is used when parties have agreed on the fundamental terms of a property sale and need to formalize the transaction in accordance with German law. It includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and conditions for transfer of ownership. The agreement serves as the basis for the subsequent registration in the German land registry (Grundbuch) and must address all relevant legal, financial, and practical aspects of the property transfer.

What sections should be included in a Agreement To Sell Immovable Property?

1. Parties (Vertragsparteien): Identification of seller and purchaser with full legal names, addresses, and registration details if companies

2. Background (Vorbemerkung): Context of the sale and brief description of the property and transaction

3. Definitions (Definitionen): Key terms used throughout the agreement

4. Property Description (Grundstücksbeschreibung): Detailed description of the property including land registry details, exact location, and size

5. Purchase Price (Kaufpreis): Agreement on purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership

7. Representations and Warranties (Garantien und Zusicherungen): Seller's warranties about property condition, encumbrances, and legal status

8. Property Handover (Übergabe): Timing and conditions for physical possession transfer

9. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, taxes, and fees

10. Land Registry Matters (Grundbuchangelegenheiten): Requirements and processes for land registry registration

11. Notices (Mitteilungen): Communication procedures between parties

12. Governing Law (Geltendes Recht): Confirmation of German law application and jurisdiction

13. Severability (Salvatorische Klausel): Standard clause on partial invalidity

What sections are optional to include in a Agreement To Sell Immovable Property?

1. Mortgage Release (Grundpfandrechtsfreigabe): Used when existing mortgages need to be cleared

2. Tenant Provisions (Mietverhältnisse): Required when property is subject to existing tenancies

3. Construction Obligations (Bauverpflichtungen): Needed for properties with incomplete construction or required renovations

4. Environmental Matters (Umweltangelegenheiten): Required for properties with potential environmental issues

5. Monument Protection (Denkmalschutz): Included for historically protected buildings

6. Right of First Refusal (Vorkaufsrecht): Required when there are existing rights of first refusal

7. VAT Election (Umsatzsteuerklausel): Used for commercial properties where VAT election is relevant

What schedules should be included in a Agreement To Sell Immovable Property?

1. Property Plans (Grundstückspläne): Official property plans and drawings

2. Land Registry Extract (Grundbuchauszug): Current extract from the land registry

3. Property Inventory (Inventarliste): List of included fixtures and fittings

4. Energy Certificate (Energieausweis): Mandatory energy performance certificate

5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates

6. Encumbrances Schedule (Belastungsübersicht): List of all encumbrances and easements

7. Payment Schedule (Zahlungsplan): Detailed schedule of payment terms and conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions

























Clauses






























Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Agriculture (for agricultural land)

Retail (for commercial properties)

Hospitality

Industrial & Manufacturing

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Finance

Investment

Operations

Asset Management

Risk Management

Corporate Development

Facilities Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Property Developer

Asset Manager

Facilities Manager

Investment Manager

Corporate Lawyer

Real Estate Investment Analyst

Transaction Manager

Due Diligence Specialist

Real Estate Portfolio Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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