Real Estate Exchange Agreement

Real Estate Exchange Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Real Estate Exchange Agreement under German law for swapping our commercial warehouse in Munich with a retail property in Berlin, with completion planned for March 2025. The warehouse value exceeds the retail property by approximately €500,000, so we need provisions for a compensation payment."

Document background

The Real Estate Exchange Agreement is a specialized contract used in Germany when two parties wish to exchange ownership of real estate properties rather than conduct a traditional sale and purchase. This document is essential in situations where parties find mutual benefit in exchanging properties, whether for strategic positioning, portfolio optimization, or other business purposes. The agreement must comply with German Civil Code (BGB) requirements and requires notarization under German law. It includes detailed property descriptions, valuations, land registry information, and provisions for handling any value differences between the properties. The document addresses specific German legal requirements such as Grundbuch registration, property transfer tax (Grunderwerbsteuer) considerations, and energy certificate requirements. It's particularly useful in complex real estate transactions where direct property exchange offers advantages over separate sale and purchase transactions.

Suggested Sections

1. Parties: Identification and details of the parties exchanging properties, including full legal names, addresses, and registration details if applicable

2. Background: Context of the exchange agreement and brief description of the properties to be exchanged

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

4. Properties Description: Detailed description of both properties being exchanged, including land registry details (Grundbuch information), exact measurements, and cadastral information

5. Exchange Terms: Core terms of the exchange, including property valuations and any monetary compensation for value differences

6. Warranties and Representations: Declarations regarding property condition, ownership, encumbrances, and compliance with building regulations

7. Costs and Taxes: Allocation of transaction costs, including notary fees, land registry fees, and real estate transfer tax (Grunderwerbsteuer)

8. Possession and Risk: Terms for transfer of possession, keys, and risk allocation

9. Registration and Notarization: Provisions regarding land registry registration process and notarization requirements

10. Closing Conditions: Prerequisites for completion of the exchange, including necessary approvals and documentation

11. Handover Provisions: Process and requirements for physical handover of the properties

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

Optional Sections

1. Mortgage and Financing: Required if either property has existing mortgages or if new financing is needed

2. Tenant Provisions: Include if either property is subject to existing tenancies

3. Property Management: Include if there are ongoing management contracts or services

4. Environmental Provisions: Required if there are known environmental issues or specific environmental warranties needed

5. Development Rights: Include if there are pending or potential development opportunities

6. Third Party Rights: Include if there are relevant easements, rights of way, or other third-party rights

7. Intermediary Provisions: Required if brokers or other intermediaries are involved

8. Value Adjustment: Include if there's a need for post-completion value adjustments or payments

Suggested Schedules

1. Property Details Schedule: Detailed technical description of both properties, including exact measurements, boundaries, and land registry excerpts

2. Title Documents: Copies of current land registry entries (Grundbuchauszüge) and cadastral documents

3. Encumbrances Schedule: List of all registered encumbrances, easements, and restrictions

4. Energy Certificates: Energy performance certificates (Energieausweise) for both properties

5. Building Documentation: Building permits, plans, and technical documentation

6. Inventory List: If applicable, list of fixtures, fittings, and other items included in the exchange

7. Due Diligence Reports: Technical, legal, and environmental survey reports

8. Photographs and Plans: Current photographs and architectural plans of both properties

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Construction

Property Development

Legal Services

Financial Services

Urban Planning

Agriculture

Industrial

Commercial Property

Residential Property

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Facilities Management

Corporate Development

Tax

Compliance

Finance

Risk Management

Operations

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Real Estate Broker

Asset Manager

Facilities Manager

Property Portfolio Manager

Investment Director

Real Estate Analyst

Compliance Officer

Tax Manager

Corporate Real Estate Manager

Development Director

Real Estate Investment Manager

Property Valuation Specialist

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