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Real Estate Pre Sale Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Real Estate Pre Sale Agreement is a crucial document in German property transactions, used when parties wish to commit to a future property sale while certain conditions or requirements are still pending. This document, governed by German law and requiring notarization, serves as a binding commitment between the seller and purchaser before the execution of the final sale agreement (Kaufvertrag). It typically includes detailed property specifications, purchase price arrangements, completion timelines, and any conditions that must be fulfilled before the final sale can proceed. The agreement is particularly useful in new development projects, off-plan purchases, or situations where either party needs to secure certain arrangements (such as financing or permits) before proceeding with the final sale.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Construction

Property Development

Banking & Finance

Investment Management

Hospitality

Retail

Industrial & Logistics

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Development

Acquisitions

Investment

Finance

Risk Management

Commercial

Property Management

Project Management

Relevant Roles

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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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