The Deed of Sale Letter (Kaufvertrag) is a fundamental document in German property transactions, required whenever real estate ownership is transferred between parties. This document must be executed before a German notary and requires strict adherence to German legal formalities. It serves as the basis for property registration in the German land register (Grundbuch) and typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and specific declarations required by German law. The document is particularly important as it not only evidences the sale agreement but also contains the formal conveyance declaration (Auflassung) necessary for property transfer under German law. The deed must comply with various German regulations, including the Civil Code (BGB), Land Register Code (GBO), and notarization requirements.
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1. Appearance and Identification (Erscheinen und Feststellung): Formal notation of the appearing parties and verification of their identity by the notary
2. Property Description (Grundstücksbeschreibung): Detailed description of the property including land register details, exact location, size, and registered encumbrances
3. Sale and Transfer Agreement (Verkauf und Auflassung): The core agreement to sell and transfer the property, including the explicit declaration of conveyance (Auflassung)
4. Purchase Price (Kaufpreis): Specification of the purchase price, payment terms, and payment conditions
5. Possession, Benefits and Burdens (Besitz, Nutzen und Lasten): Transfer date of possession and associated rights and obligations
6. Warranties (Gewährleistung): Seller's warranties regarding the property condition and any exclusions
7. Land Register Declarations (Grundbucherklärungen): Necessary declarations for land registry purposes and authorization for registration
8. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations
9. Powers of Attorney (Vollmachten): Any necessary authorizations for completing the transaction
10. Notarial Instructions (Notarielle Hinweise): Mandatory legal notices and instructions by the notary
1. Pre-emption Rights (Vorkaufsrechte): Required when there are existing pre-emption rights that need to be addressed
2. Mortgage Release (Grundpfandrechtsfreigabe): Required when existing mortgages need to be released
3. Construction Status (Baustand): Required for properties under construction or recently completed
4. Special Use Agreements (Sondernutzungsrechte): Required when there are special usage rights associated with the property
5. Energy Certificate (Energieausweis): Required for buildings when an energy performance certificate is relevant
6. Matrimonial Property Status (Güterrechtliche Verhältnisse): Required when married parties are involved and their matrimonial property regime is relevant
1. Land Register Extract (Grundbuchauszug): Current certified extract from the land register showing ownership and encumbrances
2. Property Plan (Lageplan): Official site plan or cadastral extract showing the property boundaries
3. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
4. Property Assessment (Grundstücksbewertung): Official valuation or assessment report if required
5. Previous Agreements (Vorverträge): Any relevant preliminary agreements or arrangements
6. Technical Documentation (Technische Unterlagen): Building plans, technical specifications, and maintenance records where relevant
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Finance
Legal Services
Construction and Development
Property Management
Urban Development
Investment and Asset Management
Public Administration
Agricultural (for land sales)
Commercial Property
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Investment
Asset Management
Finance
Risk Management
Corporate Services
Transaction Services
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Legal Counsel
Property Developer
Investment Manager
Asset Manager
Compliance Officer
Real Estate Analyst
Transaction Manager
Due Diligence Specialist
Land Registry Officer
Banking Officer
Property Valuation Expert
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