The Real Estate Purchase And Sale Agreement (Grundstückskaufvertrag) is a fundamental document in German property transactions, essential for any transfer of real estate ownership. This document is required whenever real property is bought or sold in Germany, whether for residential, commercial, or industrial purposes. It must be notarized according to German law and includes crucial elements such as property description, purchase price, payment terms, warranties, and conditions for ownership transfer. The agreement must comply with the German Civil Code (BGB), land registry regulations, and various other legal requirements specific to German real estate law. It serves as the basis for the property transfer in the land register (Grundbuch) and typically includes provisions for due diligence findings, existing encumbrances, and allocation of transaction costs and taxes.
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1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if companies
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land register details (Grundbuch), parcel numbers, and exact address
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Due Diligence Results: Confirmation of property inspection and due diligence findings
7. Transfer of Ownership: Terms for transferring title (Auflassung) and registration in the land register
8. Representations and Warranties: Seller's warranties about property condition, encumbrances, and other material facts
9. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks
10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees
11. Encumbrances: Treatment of existing mortgages, easements, and other encumbrances
12. Utilities and Contracts: Transfer of utility contracts and other property-related agreements
13. Notice and Registration Consent: Consent for land register changes and required notices
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Tenant Rights: Required if property is currently leased, addressing existing tenancy agreements
2. Mortgage Assumption: Include if buyer is assuming existing mortgage obligations
3. Construction Obligations: Required if property includes incomplete construction or renovation obligations
4. Environmental Provisions: Include if property has known environmental issues or special requirements
5. Monument Protection: Required if property is under monument protection (Denkmalschutz)
6. Agricultural Land Provisions: Required for agricultural land subject to special regulations
7. Commercial Usage: Include for properties with business operations or commercial permits
8. Broker Provisions: Required if real estate agents are involved in the transaction
1. Land Register Extract: Current certified extract from the land register (Grundbuchauszug)
2. Property Plans: Official cadastral plans and building blueprints
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Property Inventory: List of included fixtures, fittings, and equipment
5. Due Diligence Reports: Technical, legal, and environmental assessment reports
6. Building Permits: Copies of relevant building permits and certificates
7. Existing Contracts: Copies of relevant service, maintenance, and lease contracts
8. Property Photos: Current photographs documenting property condition
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Residential Property
Industrial Property
Construction
Property Development
Banking & Finance
Legal Services
Property Management
Agriculture
Retail
Hospitality
Healthcare
Education
Relevant Teams
Legal
Real Estate
Property Management
Finance
Operations
Corporate Development
Facilities
Risk Management
Compliance
Due Diligence
Asset Management
Investment
Transaction Advisory
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Real Estate Developer
Investment Manager
Facilities Manager
Commercial Director
Legal Counsel
Notary
Property Consultant
Asset Manager
Transaction Manager
Due Diligence Specialist
Real Estate Analyst
Corporate Counsel
Chief Financial Officer
Real Estate Portfolio Manager
Acquisition Manager
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