The Land For Sale By Owner Contract is a crucial legal document used in Germany when property owners wish to sell their land directly to buyers without real estate agent intermediaries. This approach requires comprehensive documentation to ensure legal compliance and protect both parties' interests. The contract must adhere to strict German legal requirements, including mandatory notarization under the BGB and registration with the land registry (Grundbuch). It's particularly relevant in scenarios where parties seek to minimize transaction costs while maintaining full legal compliance. The document encompasses all essential elements required by German property law, including precise property descriptions, purchase price arrangements, warranties, and specific conditions for transfer of ownership. It's designed to be both thorough enough to meet legal requirements and practical enough for direct use by property owners and buyers.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and marital status (relevant for German property law)
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Key terms used throughout the contract
4. Property Description: Detailed description of the land including exact measurements, land registry details (Grundbuch), and cadastral information (Kataster)
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Due Diligence Period: Timeline and conditions for buyer's investigation of the property
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and legal status
8. Closing Conditions: Requirements to be met before completion, including notarization requirements
9. Transfer of Ownership: Process and conditions for Auflassung (conveyance) and registration in the land registry
10. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees
11. Possession and Risk: Date of transfer of possession and assumption of risk
12. Governing Law: Confirmation of German law application and jurisdiction
13. Execution: Signature requirements and notarization provisions
1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances, used when the property is not free from third-party rights
2. Environmental Conditions: Specific provisions regarding known environmental issues or contamination, required when environmental concerns exist
3. Building Permits: Information about existing or pending building permits, relevant for undeveloped land or properties with planned construction
4. Tenant Rights: Details of existing tenancies and their treatment, needed when the property is currently leased
5. Mineral Rights: Provisions regarding mineral or subsurface rights, relevant in areas with mining history or potential
6. Agricultural Provisions: Special conditions for agricultural land, required when selling farmland
7. Monument Protection: Special provisions for historically protected properties, required for listed buildings or protected sites
1. Property Plan: Official cadastral plan showing property boundaries and dimensions
2. Land Registry Extract: Current Grundbuch extract showing ownership and encumbrances
3. Property Photographs: Current photographs documenting the property's condition
4. Soil Assessment Report: Technical report on soil conditions and potential contamination
5. Building Documentation: Plans, permits, and certificates for any existing structures
6. Energy Certificate: Current energy performance certificate if buildings are included
7. Property Tax Assessment: Recent property tax assessment and payment status
8. Utility Connections: Documentation of available utility connections and capacity
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