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Real Estate Affidavit for Germany

Real Estate Affidavit Template for Germany

A German Real Estate Affidavit (Eidesstattliche Versicherung für Immobilien) is a formal sworn statement made under German law regarding property-related matters. This legally binding document contains declarations about property ownership, condition, encumbrances, and other relevant details, and must be executed in accordance with German civil law requirements, particularly the Bürgerliches Gesetzbuch (BGB) and relevant state regulations. The document requires notarization and can be used in various property-related transactions, legal proceedings, or administrative matters within the German jurisdiction.

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What is a Real Estate Affidavit?

A Real Estate Affidavit is a crucial document in German property law, typically required during property transactions, legal disputes, or administrative proceedings. It serves as a sworn statement where the affiant declares specific facts about a property under penalty of perjury. The document is governed by German federal and state laws, including the Bürgerliches Gesetzbuch (BGB) and various state-specific regulations. It must be notarized and can be used for multiple purposes, such as confirming ownership status, declaring property conditions, disclosing encumbrances, or addressing inheritance matters. The affidavit's contents are considered legally binding and can have significant implications in property transactions and legal proceedings within the German jurisdiction.

What sections should be included in a Real Estate Affidavit?

1. Affiant Information: Full legal name, address, and identification details of the person making the affidavit

2. Property Details: Complete description of the property including address, land registry details, and property identification numbers

3. Purpose Declaration: Statement explaining the purpose of the affidavit and its intended use

4. Ownership Declaration: Sworn statement regarding ownership status and rights to the property

5. Property Condition Statement: Declaration regarding the current condition of the property and known material defects

6. Encumbrance Declaration: Statement regarding any existing mortgages, liens, or other encumbrances on the property

7. Legal Proceedings Declaration: Statement regarding any ongoing legal proceedings affecting the property

8. Truth Attestation: Formal declaration that all statements made are true and correct

9. Signature Block: Space for affiant's signature, date, and notary authentication

What sections are optional to include in a Real Estate Affidavit?

1. Marital Status Declaration: Required when property involves marital property rights or divorce proceedings

2. Inheritance Details: Required when property is inherited or part of an estate

3. Building Permit Status: Required when dealing with properties with recent construction or modifications

4. Tenant Status Declaration: Required when property is currently leased or has existing tenancy agreements

5. Environmental Declaration: Required when property might have environmental issues or contamination

6. Historical Monument Status: Required when property has protected status or historical significance

7. Boundary Dispute Declaration: Required when there are existing or potential boundary disputes

What schedules should be included in a Real Estate Affidavit?

1. Property Title Documents: Copies of relevant land registry extracts and title documents

2. Property Plans: Official site plans, floor plans, and boundary maps

3. Identification Documents: Copies of affiant's identification documents

4. Supporting Documents: Any relevant certificates, permits, or additional documentation referenced in the affidavit

5. Photographs: Current photographs of the property if relevant to the declarations made

6. Power of Attorney: If affidavit is being made by an authorized representative

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

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses























Relevant Industries

Real Estate

Legal Services

Banking & Finance

Construction

Property Development

Property Management

Insurance

Public Administration

Urban Planning

Heritage Conservation

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Administrative Services

Investment

Development

Operations

Risk Management

Documentation

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Agent

Notary Public

Legal Counsel

Property Developer

Estate Administrator

Title Officer

Mortgage Officer

Real Estate Investment Manager

Property Valuation Expert

Construction Manager

Urban Planning Officer

Legal Administrative Assistant

Compliance Officer

Industries







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