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Agreement For Sale Of Leasehold Property Template for Germany

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Key Requirements PROMPT example:

Agreement For Sale Of Leasehold Property

"I need an Agreement for Sale of Leasehold Property for a commercial office building in Berlin with multiple existing tenants, where completion is planned for March 2025; the agreement must include specific provisions for tenant transfer and service charge arrangements."

Document background
The Agreement For Sale Of Leasehold Property is a specialized legal instrument used in German real estate transactions for transferring leasehold interests (Erbbaurecht). This document is essential when dealing with properties built on land where ownership of the building is separated from ownership of the land itself through a long-term lease arrangement. The agreement must comply with strict German legal requirements, including mandatory notarization and specific provisions for land registry registration. It is commonly used in both commercial and residential contexts, particularly in urban development scenarios or where local authorities or institutions retain land ownership while allowing long-term development rights. The document includes comprehensive details about the property, purchase terms, ground rent obligations, and various warranties required under German law. It's particularly relevant in situations involving long-term property development, urban renewal projects, or when dealing with historically structured property arrangements.
Suggested Sections

1. Parties: Identification of the seller and purchaser with full legal names, addresses, and registration details if companies

2. Background: Context of the transaction including brief description of the leasehold property and current ownership status

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology

4. Subject Matter of Sale: Detailed description of the leasehold interest being sold, including reference to the land registry entries and original leasehold agreement

5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements if applicable

6. Ground Rent: Details of existing ground rent obligations, payment terms, and any review provisions

7. Conditions Precedent: Any conditions that must be fulfilled before completion, including necessary approvals or consents

8. Completion Requirements: Steps required for completion, including notarization and registration requirements

9. Warranties and Representations: Seller's warranties regarding the property and leasehold interest

10. Property Condition and Inspection: Statement on property condition and buyer's inspection rights

11. Costs and Taxes: Allocation of transaction costs, including notary fees, registration costs, and transfer taxes

12. Notices: Process for serving notices between parties

13. Governing Law: Confirmation of German law as governing law and jurisdiction

14. Execution: Formal execution clause meeting German notarial requirements

Optional Sections

1. Existing Tenancies: Required if property is subject to existing tenant agreements that will transfer to the buyer

2. Financing Provisions: Include when buyer requires specific provisions relating to property financing

3. Environmental Matters: Required if property has known environmental issues or requires specific warranties

4. Development Rights: Include when there are specific development rights or restrictions under the leasehold

5. Service Charge Provisions: Required for properties within larger developments with service charge obligations

6. Insurance Obligations: Include specific insurance requirements if not fully covered in original leasehold agreement

7. Assignment Restrictions: Include if there are specific restrictions on future assignments of the leasehold

8. Break Clause: Required if the leasehold includes break options that need to be addressed

Suggested Schedules

1. Property Description: Detailed legal and physical description of the property including plans and boundaries

2. Title Documents: Copies of relevant land registry entries and certificates

3. Original Leasehold Agreement: Copy of the original leasehold agreement and any variations

4. Existing Encumbrances: List of all registered encumbrances and rights affecting the property

5. Inventory: List of any fixtures, fittings, or other items included in the sale

6. Building Documentation: Relevant building permits, certificates, and inspection reports

7. Property Management Documents: Relevant service contracts and maintenance agreements

8. Due Diligence Results: Summary of technical and legal due diligence findings

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Commercial Property

Residential Property

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Urban Development

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Compliance

Finance

Development

Facilities

Risk Management

Transaction Services

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Investment Manager

Legal Counsel

Notary

Real Estate Agent

Property Investment Advisor

Asset Manager

Facilities Manager

Development Director

Transaction Manager

Compliance Officer

Real Estate Finance Manager

Urban Planning Director

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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