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Lease And Purchase Agreement Template for Germany

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Key Requirements PROMPT example:

Lease And Purchase Agreement

"I need a Lease and Purchase Agreement for a commercial warehouse property in Munich, with a 2-year initial lease period starting March 1, 2025, and purchase option exercisable after 18 months, including specific provisions for heavy machinery installation and 24/7 access requirements."

Document background
The Lease and Purchase Agreement (Mietkaufvertrag) is a specialized legal instrument used in German real estate transactions where parties wish to combine leasing with a future purchase arrangement. This document is particularly useful when the potential buyer wishes to occupy and use the property immediately but prefers or needs to defer the full purchase. It's commonly used in both commercial and residential contexts, structured under German law to comply with the Bürgerliches Gesetzbuch (BGB) and related regulations. The agreement includes comprehensive provisions covering the initial lease period, maintenance responsibilities, utility arrangements, and the specific terms and conditions for executing the purchase option. It's particularly relevant in situations where businesses are expanding, individuals are transitioning to property ownership, or in commercial property development scenarios. The document must address both the temporary nature of the lease and the permanent aspects of the purchase, while ensuring compliance with German property law, consumer protection regulations, and registration requirements.
Suggested Sections

1. Parties: Identification and details of the lessor/seller and lessee/purchaser

2. Background: Context of the agreement, including property description and parties' intentions regarding lease and subsequent purchase

3. Definitions: Key terms used throughout the agreement, including Property, Lease Period, Purchase Price, and Completion Date

4. Lease Terms: Core lease provisions including rent amount, payment terms, and lease duration

5. Property Use and Maintenance: Rights and obligations regarding property usage, maintenance responsibilities, and permitted modifications

6. Purchase Terms: Purchase price, payment structure, and conditions for exercising the purchase option

7. Option Exercise: Process and requirements for exercising the purchase option, including notice periods and formalities

8. Property Transfer: Conditions and process for transferring property ownership upon exercise of purchase option

9. Representations and Warranties: Statements and guarantees by both parties regarding the property and their capacity to enter the agreement

10. Default and Remedies: Consequences of breach and available remedies for both parties

11. Termination: Grounds and procedures for terminating the agreement

12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Insurance: Specific insurance requirements - include when property requires special insurance coverage

2. Property Management: Include when property is part of a managed complex or requires specific management arrangements

3. Utilities and Services: Include when there are specific arrangements for utility services or shared facilities

4. Renovation Rights: Include when lessee is permitted to make substantial modifications to the property

5. Financing Provisions: Include when purchase involves specific financing arrangements or mortgage requirements

6. Right of First Refusal: Include when lessor wants to give lessee priority rights for purchase in specific circumstances

7. Environmental Provisions: Include for properties with environmental considerations or requirements

Suggested Schedules

1. Property Description: Detailed description of the property including plans, boundaries, and included fixtures

2. Inventory List: List of furnishings and equipment included in the lease and purchase

3. Rent Payment Schedule: Detailed breakdown of rent payments and due dates

4. Purchase Price Calculation: Formula or breakdown for calculating final purchase price, including credit for rent paid

5. Condition Report: Initial condition of the property with photographs and descriptions

6. Maintenance Schedule: Detailed maintenance responsibilities and schedules for both parties

7. Required Permits: List of necessary permits and certificates for property use and transfer

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

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Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Industrial

Manufacturing

Hospitality

Office Space

Logistics

Agricultural

Healthcare

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Procurement

Risk Management

Compliance

Property Management

Asset Management

Business Development

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Contract Manager

Facilities Manager

Commercial Director

Chief Financial Officer

Real Estate Developer

Asset Manager

Operations Manager

Procurement Manager

Risk Manager

Compliance Officer

Business Development 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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