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Buy Sell Agreement For A House Template for Germany

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Key Requirements PROMPT example:

Buy Sell Agreement For A House

"I need a Buy Sell Agreement For A House to purchase a newly constructed single-family home in Berlin, with completion scheduled for March 2025, including specific provisions for remaining construction work and warranties from the developer."

Document background
The Buy Sell Agreement For A House (Immobilienkaufvertrag) is a crucial legal document used in German property transactions to formalize the transfer of residential real estate ownership. This document is mandatory for all house purchases in Germany and must be executed before a notary public to be legally valid. It contains comprehensive details about the property, parties involved, purchase price, payment terms, and transfer conditions. The agreement ensures compliance with German property law, particularly the Bürgerliches Gesetzbuch (BGB) and land registry requirements. It protects both buyers' and sellers' interests by clearly stating all terms, conditions, warranties, and obligations. The document is typically prepared by a notary who ensures all legal requirements are met and coordinates with the land registry office (Grundbuchamt) for the property transfer process.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and marital status as required under German law

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

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed description of the property including land registry details (Grundbuch), plot number, size, and address

5. Purchase Price: The agreed purchase price, payment terms, and escrow arrangements

6. Payment Terms: Detailed structure of payments, including deposits and final payment conditions

7. Property Condition and Warranties: Current condition of the property, seller's warranties, and any known defects

8. Transfer of Ownership: Conditions and process for transferring property title (Auflassung)

9. Possession and Risk: Date of property handover and transfer of risk

10. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees

11. Encumbrances: Existing mortgages, easements, and process for clearing the land register

12. Representations and Warranties: Statements and guarantees made by both parties

13. Completion Requirements: Steps required to complete the transaction

14. Governing Law: Confirmation of German law application and jurisdiction

15. Execution: Signature requirements and notarization provisions

Optional Sections

1. Mortgage Arrangements: Include when buyer requires mortgage financing, detailing conditions and coordination with lender

2. Tenant Provisions: Include when property is currently tenanted, addressing existing lease agreements

3. Furniture and Fixtures: Include when sale includes specific furniture or fixtures

4. Construction Requirements: Include when property is under construction or requires specific renovations

5. Property Management: Include for properties in managed complexes or with shared facilities

6. Environmental Provisions: Include when there are specific environmental considerations or requirements

7. Development Rights: Include when there are future development possibilities or restrictions

8. Right of First Refusal: Include when there are existing rights of first refusal or when new ones are being created

Suggested Schedules

1. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Property Floor Plans: Official floor plans and property measurements

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

4. Inventory List: Detailed list of any included furniture, fixtures, and fittings

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

6. Property Photos: Documented condition of the property at time of sale

7. Land Survey: Recent land survey documents and property boundaries

8. Building Inspection Report: Technical assessment of property condition

9. Property Tax Records: Recent property tax assessments and payments

Authors

Alex Denne

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

Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Legal Services

Banking & Finance

Construction

Property Development

Insurance

Public Administration

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Finance

Risk Management

Operations

Documentation

Business Development

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Manager

Mortgage Advisor

Real Estate Developer

Property Surveyor

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Valuation Specialist

Transaction Manager

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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