Document background
The Sale Agreement With Possession is a specialized contract used in German jurisdictions when parties wish to structure an asset transfer with separate timing for possession and ownership transfer. This arrangement is particularly common in real estate transactions, large equipment sales, or complex asset transfers where immediate full ownership transfer isn't practical or desired. The agreement must comply with German Civil Code (BGB) requirements and often requires notarization, especially for real estate. It typically includes comprehensive provisions for purchase price, condition assessment, risk transfer, insurance, and maintenance responsibilities during the interim period between possession and ownership transfer. This type of agreement is particularly useful when parties need to accommodate financing arrangements, regulatory approvals, or other conditions while allowing the buyer to take physical control of the assets.
