The Property Transfer Affidavit is a fundamental document in German real estate transactions, used when transferring ownership rights of real property. This document is required under German law to provide sworn statements about property ownership, transfer details, and related declarations. It must be executed before a German notary and complies with requirements set forth in the German Civil Code (BGB) and Land Registry Act (Grundbuchordnung). The affidavit typically includes comprehensive information about the property, current ownership status, encumbrances, and tax-related declarations. It serves as a crucial element in the property registration process and is used by the land registry office (Grundbuchamt) to update property records. The document also helps prevent fraudulent transfers and ensures compliance with German money laundering regulations in real estate transactions.
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1. Declaration Header: Formal opening stating this is an affidavit, date, and location of execution
2. Affiant Information: Complete details of the person making the affidavit, including full legal name, address, and identification details
3. Property Details: Comprehensive description of the property including address, land registry details, and cadastral information
4. Title and Ownership Declaration: Declaration of current ownership status and right to transfer the property
5. Transfer Details: Information about the transfer including the recipient, nature of transfer, and consideration (if any)
6. Legal Compliance Statements: Declarations regarding compliance with relevant laws, including money laundering regulations
7. Tax Status Declaration: Statements regarding property tax status and real estate transfer tax obligations
8. Encumbrances Declaration: Statement about any existing mortgages, liens, or other encumbrances on the property
9. Verification Statement: Formal statement confirming the truth of all declarations made in the affidavit
10. Execution Block: Space for signature, notarization, and witness details
1. Marital Status Declaration: Required when the property transfer involves marital property rights or spouse's consent
2. Power of Attorney Reference: Include when the affiant is acting through a legal representative
3. Historical Property Information: Needed when the property has significant previous ownership history relevant to the transfer
4. Special Use Declarations: Required for properties with specific use restrictions or zoning requirements
5. Monument Protection Status: Necessary for properties under historical monument protection (Denkmalschutz)
6. Environmental Declarations: Required for properties with environmental protection status or contamination history
1. Property Title Extract: Current extract from the land registry (Grundbuchauszug)
2. Cadastral Map: Official property map and plot details from the cadastral office
3. Identification Documents: Copies of official identification documents of the affiant
4. Previous Deed: Copy of the previous property transfer deed or acquisition document
5. Tax Certificates: Current property tax certificates and clearances
6. Building Permits: Copies of relevant building permits and certificates if applicable
7. Property Photos: Recent photographs of the property for identification purposes
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Relevant Teams
Legal
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Transaction Advisory
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Relevant Roles
Real Estate Lawyer
Property Manager
Legal Counsel
Notary Public
Real Estate Agent
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Compliance Officer
Tax Advisor
Real Estate Transaction Manager
Land Registry Officer
Property Valuation Expert
Real Estate Investment Manager
Legal Administrative Assistant
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