The Real Estate Buyout Agreement is a crucial document used in German property transactions to formalize the transfer of real estate ownership. It is specifically designed to comply with German legal requirements, including mandatory notarization under §311b BGB and registration in the land registry (Grundbuch). This document is essential when purchasing any type of real estate in Germany, whether residential, commercial, or industrial property. It includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and specific German legal requirements. The agreement must address various aspects such as real estate transfer tax (Grunderwerbsteuer), energy efficiency certificates, and any existing encumbrances. It serves as the primary legal instrument for protecting both buyer's and seller's interests while ensuring compliance with German property law.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies are involved
2. Background: Context of the transaction, including brief property history and reason for sale
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Description: Detailed legal description of the property, including land registry details (Grundbuch) and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Payment Terms: Schedule of payments, including deposits and final payment details
7. Conditions Precedent: Conditions that must be met before completion, including financing and regulatory approvals
8. Completion Requirements: Steps to be taken at completion, including notarization and registration requirements
9. Seller's Warranties: Warranties regarding property title, condition, and encumbrances
10. Property Transfer: Process and timing of legal title transfer and possession handover
11. Costs and Taxes: Allocation of transaction costs, including transfer tax and notary fees
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Tenant Rights: Required if the property is currently leased, addressing existing tenancy agreements
2. Mortgage Release: Required if there are existing mortgages to be discharged
3. Environmental Provisions: Required if there are known environmental issues or contamination
4. Development Rights: Required if there are pending building permits or development potential
5. Heritage Protection: Required for properties under monument protection (Denkmalschutz)
6. Right of First Refusal: Required if municipality has statutory pre-emptive rights
7. Facility Management: Required for properties with shared facilities or management agreements
8. Defects Liability: Optional extended provisions regarding known defects and remediation
1. Property Details: Detailed technical description, including floor plans and boundary details
2. Land Registry Extract: Current Grundbuch extract showing ownership and encumbrances
3. Inventory List: List of fixtures, fittings, and other items included in the sale
4. Due Diligence Results: Summary of technical and legal due diligence findings
5. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
6. Existing Contracts: List and copies of relevant ongoing contracts affecting the property
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Property Photographs: Current photographs documenting the property's condition
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Banking & Finance
Legal Services
Construction
Infrastructure
Commercial Property
Residential Property
Asset Management
Investment Management
Relevant Teams
Legal
Real Estate
Mergers & Acquisitions
Finance
Compliance
Property Management
Asset Management
Investment
Due Diligence
Corporate Development
Relevant Roles
Real Estate Manager
Property Developer
Legal Counsel
Corporate Lawyer
Investment Manager
Asset Manager
Acquisition Manager
Property Manager
Finance Director
Real Estate Broker
Compliance Officer
Chief Financial Officer
Chief Legal Officer
Transaction Manager
Due Diligence Specialist
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