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For Sale By Owner Contract for Germany

For Sale By Owner Contract Template for Germany

A For Sale By Owner Contract under German law (Kaufvertrag für Privatverkauf) is a legally binding document used when a property owner sells their real estate directly without the involvement of a real estate agent. This document, which must be notarized according to German law (BGB § 311b), outlines the complete terms of the property sale, including property details, purchase price, payment terms, and transfer of ownership conditions. It incorporates specific German legal requirements, including land registry regulations (Grundbuchordnung) and property transfer tax considerations (Grunderwerbsteuergesetz), while ensuring compliance with consumer protection laws where applicable.

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What is a For Sale By Owner Contract?

The For Sale By Owner Contract is a crucial legal instrument in German real estate transactions where property owners choose to sell their property directly to buyers without intermediary representation. This document type has gained increasing relevance in Germany's property market as more owners seek to manage their own sales transactions. The contract must comply with strict German legal requirements, including mandatory notarization, specific format requirements, and inclusion of all essential sale elements as per the German Civil Code (BGB). It's particularly important for private sellers who need to ensure their transaction is legally sound while potentially saving on agent commissions. The document covers all aspects of the property transfer, from initial property description to final ownership transfer, and must include specific provisions required by German property law, such as land registry requirements and energy certificate information.

What sections should be included in a For Sale By Owner Contract?

1. Parties (Vertragsparteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant

2. Background (Vorbemerkung): Brief context of the sale and confirmation of seller's ownership

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

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

5. Purchase Price (Kaufpreis): Agreed purchase price and payment terms

6. Payment Terms (Zahlungsmodalitäten): Details of how and when payment will be made, including escrow arrangements if applicable

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

8. Property Condition (Beschaffenheit des Kaufobjekts): Current condition of the property and any known defects

9. Warranties (Gewährleistung): Warranties provided by the seller and any limitations

10. Possession and Risk Transfer (Besitzübergang und Gefahrübergang): When and how possession will be transferred and assumption of risk

11. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations

12. Land Registry Consent (Grundbucherklärungen): Formal consent for land registry changes

13. Notarization (Beurkundung): Acknowledgment of notarization requirement

What sections are optional to include in a For Sale By Owner Contract?

1. Existing Tenancies (Bestehende Mietverhältnisse): Include when the property has existing tenants, detailing their rights and status

2. Mortgage Release (Lastenfreistellung): Include when existing mortgages need to be cleared

3. Special Fixtures and Fittings (Besondere Einrichtungen und Ausstattungen): Include when specific items are included or excluded from the sale

4. Building Permits (Baugenehmigungen): Include when there are pending building permits or violations

5. Rights of Way (Wegerechte): Include when there are specific access rights or easements

6. Development Obligations (Baulasten): Include when there are building obligations or restrictions

7. Environmental Issues (Umweltbelange): Include when there are environmental considerations or contamination issues

What schedules should be included in a For Sale By Owner Contract?

1. Land Registry Extract (Grundbuchauszug): Current extract from the land registry showing ownership and encumbrances

2. Property Plans (Grundrisszeichnungen): Floor plans and property boundaries

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

4. Property Inventory (Inventarliste): List of included fixtures, fittings, and furniture if applicable

5. Building Documentation (Bauunterlagen): Relevant building permits and documentation

6. Property Photos (Objektfotos): Current photographs of the property

7. Due Diligence Documents (Due-Diligence-Unterlagen): Technical reports, maintenance records, and other relevant documentation

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 Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Residential Housing

Commercial Property

Urban Development

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Document Management

Asset Management

Transaction Processing

Due Diligence

Contract Administration

Relevant Roles

Property Owner

Real Estate Lawyer

Notary

Property Manager

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Developer

Transaction Manager

Due Diligence Specialist

Land Registry Officer

Property Surveyor

Real Estate Administrator

Contract Manager

Legal Document Specialist

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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