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The For Sale By Owner Purchase And Sale Agreement is essential for private property transactions in Germany where owners wish to sell their property directly without intermediaries. This document type is specifically designed to comply with German legal requirements, including mandatory notarization under the German Civil Code (BGB) and registration with the land registry (Grundbuch). It encompasses all necessary elements for a valid property transfer, including detailed property descriptions, price and payment terms, warranties, and specific German legal requirements such as energy certificates and transfer tax provisions. The agreement is particularly relevant in today's market where many property owners seek to manage their own sales process while ensuring full legal compliance and protection for all parties involved.

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status (relevant under German property law)

2. Background: Context of the sale and confirmation that the seller is the registered owner of the property

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

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

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

6. Payment Terms: Schedule of payments, including deposit and final payment requirements

7. Transfer of Ownership: Terms for transferring property title (Auflassung) and registration in the land register

8. Property Condition: Current condition of the property, known defects, and as-is provisions

9. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition

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

11. Possession and Risk Transfer: Date and terms for transferring possession and associated risks

12. Notarization: Acknowledgment of notarization requirement and process

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

14. Execution: Signature requirements and notarization provisions