The Cash Real Estate Contract is a fundamental document in German property transactions where financing is not required. This contract type is commonly used when buyers have sufficient funds to purchase property outright, whether for personal use, investment, or commercial purposes. The document must comply with German civil law (B眉rgerliches Gesetzbuch - BGB) and requires notarization before being registered with the land registry (Grundbuchamt). It includes essential information about the property, parties, purchase price, payment terms, and conditions for ownership transfer. The contract's structure reflects German legal requirements for property transactions, including specific provisions for cash payments and anti-money laundering compliance. It serves as the primary legal instrument for transferring property ownership in cash transactions within the German jurisdiction.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status if relevant
2. Background: Context of the transaction and confirmation that this is a cash purchase
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details (Grundbuch), plot numbers (Flurst眉ck), and exact address
5. Purchase Price: Specification of the purchase price and confirmation that this is a cash transaction
6. Payment Terms: Details of how and when the cash payment will be made, including escrow arrangements if applicable
7. Transfer of Ownership: Terms regarding the transfer of title (Auflassung) and registration in the land registry
8. Property Condition: Description of the property's condition, known defects, and any warranties or disclaimers
9. Possession and Transfer Date: Specifics about when the buyer will take possession of the property
10. Costs and Taxes: Allocation of transaction costs, including real estate transfer tax, notary fees, and registration costs
11. Representations and Warranties: Seller's confirmations regarding property ownership, encumbrances, and other material facts
12. Governing Law: Confirmation that German law governs the agreement
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances - included if any exist
2. Tenant Provisions: Details about existing tenancies and their handling - included if property is currently rented
3. Environmental Conditions: Specific provisions regarding environmental issues - included if relevant environmental concerns exist
4. Building Permits: Information about existing or pending building permits - included for properties with ongoing construction or planned modifications
5. Property Management: Provisions regarding ongoing property management contracts - included for properties with existing management arrangements
6. Utilities and Connections: Details about utility contracts and connections - included if specific arrangements need to be addressed
7. Monument Protection: Special provisions for historic buildings - included if the property is under monument protection (Denkmalschutz)
1. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)
2. Property Plans: Official site plans and building plans
3. Energy Certificate: Energy performance certificate (Energieausweis)
4. Property Inventory: List of included fixtures and fittings
5. Due Diligence Documents: Results of property searches and technical inspections
6. Property Photos: Current photographs of the property and any relevant features
7. Tax Documentation: Documents related to property tax and other relevant tax matters
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Finance
Legal Services
Property Development
Construction
Property Management
Investment
Residential Property
Commercial Property
Public Administration
Relevant Teams
Legal
Real Estate
Compliance
Finance
Investment
Asset Management
Property Management
Risk Management
Tax
Operations
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Investment Manager
Asset Manager
Legal Counsel
Compliance Officer
Property Developer
Real Estate Investment Advisor
Notary
Land Registry Officer
Real Estate Transaction Manager
Property Surveyor
Tax Advisor
Financial Controller
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