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Agreement To Sell Land for Germany

Agreement To Sell Land Template for Germany

A comprehensive legal document governed by German law that formalizes the sale and transfer of land or real estate property between parties. This agreement must comply with strict German legal requirements, including mandatory notarization under the German Civil Code (BGB). The document details the property specifications, purchase price, payment terms, warranties, and conditions for transfer of ownership. It includes provisions for land registry registration (Grundbuch), tax obligations, and ensures compliance with German property transfer regulations. The agreement serves as the foundation for the property transfer process and must address all relevant aspects of German real estate law.

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Agreement To Sell Land

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What is a Agreement To Sell Land?

The Agreement To Sell Land (Grundst眉ckskaufvertrag) is a crucial legal document used in German real estate transactions to formalize the transfer of land or property ownership. This document is essential whenever real estate is being sold in Germany, whether for residential, commercial, or industrial purposes. The agreement must be notarized to be legally valid under German law and requires specific formal elements as prescribed by the German Civil Code (BGB). It typically includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and conditions for ownership transfer. The document also addresses important aspects such as land registry requirements, tax obligations, and any existing encumbrances. This type of agreement is fundamental to German property transactions and requires careful preparation to ensure all legal requirements are met and the interests of all parties are protected.

What sections should be included in a Agreement To Sell Land?

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

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details (Grundbuch), plot numbers, and exact measurements

5. Purchase Price: Specification of the purchase price, payment terms, and payment schedule

6. Due Diligence Results: Confirmation of property inspection and review of relevant documents

7. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition

8. Transfer of Ownership: Terms for the transfer of title (Auflassung) and registration in the land registry

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

10. Possession and Risk: Timing and conditions for transfer of possession and risk to the purchaser

11. Completion Requirements: Conditions precedent and completion mechanics

12. Notices: Format and addresses for formal communications between parties

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

What sections are optional to include in a Agreement To Sell Land?

1. Existing Tenancies: Details of any existing tenancy agreements and their treatment post-sale

2. Environmental Matters: Specific provisions regarding known environmental issues or contamination

3. Planning Permissions: Details of existing planning permissions or restrictions

4. Building Warranty: For newer properties, details of any existing building warranties

5. Fixtures and Fittings: Detailed list of items included/excluded from the sale

6. Development Rights: Any specific provisions regarding future development rights

7. Mortgage Release: Provisions for release of existing mortgages or charges

8. Pre-emption Rights: Handling of any existing pre-emption rights (Vorkaufsrecht)

What schedules should be included in a Agreement To Sell Land?

1. Property Plan: Official cadastral plan showing the property boundaries and location

2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

3. Energy Performance Certificate: Mandatory energy performance certificate (Energieausweis)

4. Property Inventory: Detailed inventory of fixtures, fittings, and other items included in the sale

5. Building Permits: Copies of relevant building permits and certificates

6. Existing Contracts: Copies of relevant ongoing contracts affecting the property

7. Due Diligence Reports: Technical, environmental, and legal due diligence reports

8. Payment Schedule: Detailed schedule of payment terms and installments if applicable

Authors

Alex Denne

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

Jurisdiction

Germany

Cost

Free to use
Relevant legal definitions







































Clauses


































Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Agriculture

Commercial Property

Residential Property

Industrial Property

Hospitality & Tourism

Retail

Manufacturing

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Corporate Development

Acquisitions

Investment

Facilities Management

Finance

Tax

Compliance

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Legal Counsel

Notary

Real Estate Agent

Property Surveyor

Land Registry Officer

Commercial Director

Investment Manager

Asset Manager

Facilities Manager

Development Director

Acquisition Manager

Corporate Lawyer

Tax Advisor

Real Estate Investment Analyst

Industries








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