The Condo Purchase Agreement (Kaufvertrag für eine Eigentumswohnung) is a crucial legal document used in German real estate transactions for the purchase and sale of condominium units. This document is essential when transferring ownership of a specific unit within a multi-unit property development, along with the associated rights and obligations of condominium ownership. The agreement must comply with strict German legal requirements, including mandatory notarization, and incorporates provisions from the German Civil Code (BGB) and the Condominium Act (WEG). It is designed to protect both buyer and seller interests while ensuring proper registration with the land registry office (Grundbuchamt). The document becomes particularly relevant in urban areas where condominium ownership is common and requires careful attention to shared property aspects, maintenance obligations, and community regulations.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the condominium unit, including land register details, size, location, and included fixtures
5. Purchase Price: Specification of purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and other material facts
8. Possession and Risk Transfer: Timing and conditions for transfer of possession and associated risks
9. Costs and Taxes: Allocation of transaction costs, including transfer tax, notary fees, and registration costs
10. Condominium Association: Rights and obligations regarding the condominium association membership
11. Due Diligence Results: Confirmation of property inspection and technical assessment findings
12. Notices: Communication procedures between parties
13. Governing Law: Confirmation of German law application and jurisdiction
14. Execution: Signature requirements and notarization provisions
1. Mortgage Assignment: Required if existing mortgages need to be handled or new financing is involved
2. Renovation Agreement: Used when specific renovations are agreed to be completed before or after sale
3. Rental Situation: Required if the property is currently rented and includes provisions about existing tenants
4. Special Use Rights: Needed when the unit comes with special use rights (e.g., garden, parking)
5. Contamination Provisions: Required if there are known or suspected environmental issues
6. Monument Protection: Needed if the building is under historical protection (Denkmalschutz)
7. Energy Renovation Obligations: Required if specific energy efficiency improvements are mandated
1. Floor Plans: Detailed plans of the condominium unit and common areas
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Property Division Plan: Official condominium division plan (Teilungserklärung)
4. Inventory List: List of included fixtures and fittings
5. Energy Certificate: Energy performance certificate (Energieausweis)
6. House Rules: Current condominium association rules and regulations
7. Meeting Minutes: Recent condominium association meeting minutes
8. Maintenance Plan: Building maintenance and renovation plan
9. Payment Schedule: Detailed schedule of payment installations if applicable
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