The Real Estate Release of Liability agreement is a crucial document in German real estate transactions and property management. It is typically used when parties wish to limit or eliminate future liability claims related to specific aspects of a property, such as during property sales, transfers, or management transitions. The document must comply with German legal requirements, particularly the German Civil Code (BGB) and property law provisions. It includes detailed information about the property, the scope of the release, any exceptions, and the specific circumstances under which the release applies. This agreement is particularly important in scenarios involving property condition issues, historical liabilities, or risk transfer situations. The document requires careful consideration of German legal principles regarding liability limitations and may need notarization to be legally effective.
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1. Parties (Parteien): Identification and details of all parties involved, including legal designation and addresses
2. Background (Hintergrund): Context of the relationship between parties and circumstances leading to the release of liability
3. Definitions (Definitionen): Clear definitions of key terms used throughout the agreement
4. Subject Matter (Vertragsgegenstand): Identification and description of the real estate property involved
5. Scope of Release (Umfang der Haftungsfreistellung): Detailed description of what liabilities are being released, including specific claims and time periods
6. Exceptions (Ausnahmen): Clear statement of any liabilities or claims specifically excluded from the release
7. Representations and Warranties (Zusicherungen und Gewährleistungen): Statements by both parties about facts relevant to the release
8. Effectiveness (Wirksamkeit): Conditions for and timing of when the release becomes effective
9. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Confirmation of German law application and jurisdiction
10. Severability (Salvatorische Klausel): Standard clause maintaining validity if individual provisions are invalid
1. Consideration (Gegenleistung): Include when there is payment or other consideration for the release
2. Third Party Rights (Rechte Dritter): Include when the release affects rights of third parties
3. Insurance Matters (Versicherungsangelegenheiten): Include when insurance claims or policies are relevant to the release
4. Future Claims (Zukünftige Ansprüche): Include when specifically addressing potential future claims
5. Confidentiality (Vertraulichkeit): Include when parties wish to keep the terms of the release confidential
6. Dispute Resolution (Streitbeilegung): Include when parties want to specify mediation or arbitration procedures
1. Property Description (Objektbeschreibung): Detailed description of the real estate property, including land registry details
2. Known Issues (Bekannte Mängel): List of any known issues or defects with the property
3. Related Agreements (Zugehörige Verträge): List of any related agreements or documents referenced in the release
4. Powers of Attorney (Vollmachten): Copies of any relevant powers of attorney if parties are acting through representatives
5. Property Documentation (Objektunterlagen): Relevant property certificates, permits, or other official documentation
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Property Management
Legal Services
Real Estate Investment
Facility Management
Commercial Property
Residential Property
Urban Development
Relevant Teams
Legal
Real Estate Operations
Property Management
Risk Management
Compliance
Asset Management
Facilities
Real Estate Development
Real Estate Transactions
Due Diligence
Relevant Roles
Real Estate Attorney
Property Manager
Real Estate Developer
Legal Counsel
Compliance Officer
Risk Manager
Real Estate Agent
Property Development Director
Facility Manager
Contract Manager
Real Estate Investment Manager
Asset Manager
Property Operations Manager
Real Estate Transaction Manager
Due Diligence Specialist
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