The Legal Real Estate Contract is a fundamental document used in German property transactions to facilitate the legal transfer of real estate ownership. It is essential for any property purchase in Germany, whether residential, commercial, or industrial. The document must be notarized according to German law and comply with the German Civil Code (BGB), particularly sections 311, 313, and 873. This contract type is used when parties have agreed on the basic terms of the property transfer and need to formalize the agreement in a legally binding document. It includes crucial information about the property, parties involved, purchase price, payment terms, warranties, and specific German legal requirements such as the Auflassung (formal agreement for property transfer). The document also addresses land registry requirements, real estate transfer tax obligations, and energy efficiency certifications as required under German law.
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1. Parties: Detailed identification of seller and buyer, including full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the transaction purpose
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact location, size, and boundaries
5. Purchase Price: Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung)
7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status
8. Due Diligence Results: Confirmation of property inspection results and acknowledged defects
9. Costs and Taxes: Distribution of transaction costs, including notary fees, land registry costs, and transfer taxes
10. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks
11. Notarization Declaration: Required statement regarding notarial authentication
1. Mortgage Arrangements: Details of existing mortgages and their handling, used when property has existing encumbrances
2. Tenant Provisions: Details about existing rental agreements and their transfer, required when property is currently leased
3. Development Obligations: Construction or renovation requirements, included for properties requiring specific development
4. Environmental Provisions: Special conditions regarding environmental issues or contamination, needed for properties with environmental concerns
5. Right of First Refusal: Terms of any pre-existing rights of first refusal, included when such rights exist
6. Special Use Provisions: Specific conditions regarding property use or restrictions, needed for properties with special use requirements
7. Utilities and Connections: Details about utility contracts and connections, included for properties with specific utility arrangements
1. Land Registry Extract: Current extract from the German land registry (Grundbuch)
2. Property Plans: Official cadastral plans and property boundaries
3. Energy Certificate: Current energy performance certificate (Energieausweis)
4. Property Inventory: List of fixtures, fittings, and other items included in the sale
5. Building Permits: Copies of relevant building permits and certificates
6. Technical Due Diligence: Reports on building condition and technical inspections
7. Existing Contracts: Copies of relevant existing contracts (maintenance, utilities, etc.)
8. Payment Schedule: Detailed schedule of payment installments and conditions
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Hospitality
Retail
Industrial & Manufacturing
Healthcare
Education
Commercial Property
Residential Property
Relevant Teams
Legal
Real Estate
Property Management
Facilities Management
Compliance
Risk Management
Finance
Operations
Business Development
Investment
Asset Management
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary
Property Developer
Investment Manager
Asset Manager
Facilities Manager
Real Estate Analyst
Compliance Officer
Transaction Manager
Chief Legal Officer
Real Estate Director
Property Acquisitions Manager
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