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Real Estate Pre Sale Agreement
"I need a Real Estate Pre Sale Agreement for a commercial property development in Munich, where my company is purchasing an office building that will be completed by March 2025, with specific provisions for construction milestones and quality requirements."
1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and registration details for companies
2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a pre-sale arrangement
3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other relevant definitions
4. Property Description: Detailed description of the property, including exact address, land registry details, and cadastral information
5. Purchase Price: Specified purchase price, payment terms, deposit requirements, and payment schedule
6. Payment Terms and Escrow: Detailed payment structure, escrow arrangements, and conditions for release of funds
7. Conditions Precedent: Conditions that must be fulfilled before the final sale agreement can be executed
8. Due Diligence: Buyer's rights and timeframes for conducting property investigations and reviews
9. Seller's Warranties: Warranties regarding property ownership, encumbrances, and material facts
10. Completion Requirements: Steps required for completion of the final sale, including notarization requirements
11. Default and Termination: Consequences of breach and circumstances allowing termination
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Development Provisions: Required when the property is under construction or requires development work
2. Tenant Rights: Needed when the property is subject to existing tenancies
3. Broker Provisions: Required when a real estate broker is involved in the transaction
4. Mortgage Release: Included when the property has existing mortgages that need to be discharged
5. Special Use Requirements: Needed for properties with specific use restrictions or requirements
6. VAT Elections: Required when VAT applies to the transaction
7. Environmental Provisions: Needed for properties with environmental considerations or requirements
8. Planning Permissions: Required when the sale is conditional on obtaining specific planning permissions
1. Property Details: Detailed technical description of the property, including floor plans and boundaries
2. Land Registry Excerpts: Current land registry information and encumbrances
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Due Diligence Documents: List of documents provided for buyer's due diligence
5. Energy Certificate: Property's energy efficiency certification as required by German law
6. Property Plans: Architectural plans, site plans, and relevant drawings
7. Building Permits: Copies of existing building permits and applications
8. Encumbrances Schedule: List of all existing encumbrances, easements, and restrictions
Authors
Real Estate
Construction
Property Development
Banking & Finance
Investment Management
Hospitality
Retail
Industrial & Logistics
Commercial Property
Residential Property
Legal
Real Estate
Development
Acquisitions
Investment
Finance
Risk Management
Commercial
Property Management
Project Management
Real Estate Manager
Property Developer
Legal Counsel
Real Estate Agent
Investment Manager
Asset Manager
Development Director
Acquisition Manager
Property Manager
Transaction Manager
Real Estate Analyst
Project Manager
Commercial Director
Finance Manager
Risk Manager
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