The Contract Of Selling A House (Kaufvertrag f眉r eine Immobilie) is a fundamental legal document used in German real estate transactions for transferring residential property ownership. This contract type is essential for any house sale in Germany and must comply with strict formal requirements, including mandatory notarization under German law. It is used when transferring ownership of houses, including both freestanding properties and single-family homes within larger developments. The document incorporates all necessary elements required by German property law, including precise property description, purchase price arrangements, warranties, and specific provisions for registration in the Grundbuch (land registry). It also addresses modern requirements such as energy efficiency certificates and environmental considerations. The contract's structure reflects German legal practice and includes all mandatory declarations and notices required for property transactions in Germany.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the property including land registry details (Grundbuch) and exact measurements
5. Purchase Price: Agreed purchase price and payment terms including escrow arrangements
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership (Auflassung)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Encumbrances and Rights: Existing mortgages, easements, and other rights affecting the property
9. Handover Conditions: Terms for physical handover of the property and transfer of keys
10. Costs and Taxes: Distribution of transaction costs, including notary fees and property transfer tax
11. Risk Transfer: Point at which risk and insurance obligations transfer to the buyer
12. Notarization Declaration: Mandatory statement regarding notarization requirement
1. Mortgage Arrangements: Used when the buyer is financing the purchase through a mortgage
2. Fixtures and Fittings: Used when specific items are included or excluded from the sale
3. Development Rights: Used when there are pending or potential development opportunities
4. Tenant Provisions: Used when the property is sold with existing tenants
5. Environmental Provisions: Used when there are environmental concerns or obligations
6. Construction Warranty: Used for newer properties still under builder's warranty
7. Broker Provisions: Used when real estate agents are involved in the transaction
1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
2. Property Plans: Official floor plans and property boundaries
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
5. Building Permits: Copies of relevant building permits and certificates
6. Property Tax Assessment: Current property tax assessment and payment status
7. Technical Due Diligence: Building inspection reports and technical assessments
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