The House Purchase Contract is a fundamental legal document used in German real estate transactions to formalize the transfer of property ownership. It must comply with strict German legal requirements, including mandatory notarization under the German Civil Code (BGB) and registration with the land registry (Grundbuch). This contract type is essential for any real estate purchase in Germany, whether residential or commercial, and includes crucial information about the property, parties involved, purchase price, payment terms, warranties, and encumbrances. The document also addresses specific German legal requirements such as energy efficiency certificates, land registry procedures, and real estate transfer tax obligations. It serves as the primary legal instrument for protecting both buyer's and seller's interests while ensuring compliance with all relevant German property laws and regulations.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including land registry details (Grundbuch) and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Terms of property transfer (Auflassung) and registration in the land registry
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and known defects
8. Possession and Risk Transfer: Date and conditions for transfer of possession and associated risks
9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees
10. Due Diligence Results: Confirmation of property inspection and acceptance of condition
11. Encumbrances: Existing mortgages, easements, and plan for their handling
12. Notarization: Acknowledgment of notarization requirement and execution process
13. Governing Law: Confirmation of German law application and jurisdiction
1. Mortgage Arrangements: Required if buyer is financing the purchase with a mortgage
2. Rental Situations: Required if property is currently rented and includes details about existing tenants
3. Construction Obligations: Required if property is under construction or requires specific renovations
4. Property Management: Required for properties in multi-unit buildings with shared management
5. Environmental Provisions: Required if property has known environmental issues or special requirements
6. Furniture and Fixtures: Required if sale includes specific movable property
7. Development Rights: Required if property includes unused development potential or restrictions
8. Right of First Refusal: Required if there are existing or new rights of first refusal to be addressed
1. Property Plans: Official cadastral plans and property boundaries
2. Land Registry Extract: Current Grundbuch extract showing ownership and encumbrances
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 Photographs: Documentary photographs of property condition at sale
7. Technical Due Diligence: Reports on building condition, surveys, and inspections
8. Property Usage Agreement: For properties in multi-unit buildings, details of common area usage
9. Payment Schedule: Detailed schedule of payment installments if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Property Management
Insurance
Public Sector
Urban Development
Residential Housing
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Operations
Investment
Business Development
Asset Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Bank Manager
Mortgage Advisor
Property Developer
Real Estate Investment Manager
Legal Counsel
Compliance Officer
Tax Advisor
Property Surveyor
Real Estate Portfolio Manager
Asset Manager
Transaction Manager
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