The Agreement To Sell Personal Property is a crucial document used in German jurisdiction when transferring ownership of movable assets between parties. It is designed to comply with the German Civil Code (BGB) requirements, particularly sections 433-453 regarding sales contracts and sections 929-936 concerning property transfer. This document is essential for both private and commercial transactions involving personal property, from simple consumer goods to complex equipment. It includes comprehensive details about the property, parties involved, purchase price, payment terms, delivery arrangements, warranties, and risk transfer. The agreement can be customized for various types of personal property while maintaining compliance with German legal requirements for property transactions.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and any registration numbers if businesses are involved
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the personal property being sold, including any identifying features, serial numbers, or unique characteristics
5. Purchase Price: The agreed purchase price and payment terms, including method and timing of payment
6. Transfer of Ownership: Terms regarding the transfer of title and possession of the property, including delivery arrangements
7. Seller's Representations: Seller's warranties regarding ownership, condition, and absence of encumbrances on the property
8. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of condition
9. Risk and Insurance: Point of transfer of risk and responsibility for insurance
10. Governing Law: Confirmation of German law as governing law and jurisdiction
11. Signatures: Execution block for parties' signatures and date
1. Condition and Inspection: Detailed terms about property condition and inspection rights, used when selling complex or technical items
2. Warranty Terms: Additional warranty provisions beyond statutory requirements, used for technical or valuable items
3. Installation and Training: Terms regarding setup and training, used when selling technical equipment or machinery
4. Intellectual Property: IP-related provisions, used when the property includes software or other IP components
5. Export Controls: Export compliance terms, used when property might be subject to export restrictions
6. Data Protection: GDPR compliance terms, used when property contains or processes personal data
7. Third-Party Rights: Provisions regarding third-party claims or rights, used when relevant to the specific property
8. Maintenance and Support: Ongoing maintenance terms, used for technical equipment or machinery
1. Schedule 1 - Property Specification: Detailed technical specifications, photographs, or descriptions of the property
2. Schedule 2 - Condition Report: Detailed report on the current condition of the property, including any existing damage or wear
3. Schedule 3 - Delivery Schedule: Specific details about delivery timing, location, and procedures
4. Schedule 4 - Warranty Terms: Detailed warranty terms and conditions if extending beyond standard provisions
5. Appendix A - Documentation: Copies of relevant certificates, manuals, or other documentation related to the property
6. Appendix B - Maintenance Records: Historical maintenance records if relevant to the property
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