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Pre Sale Agreement Property Template for Germany

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Key Requirements PROMPT example:

Pre Sale Agreement Property

"I need a Property Pre-Sale Agreement under German law for a newly constructed residential apartment in Berlin, with completion scheduled for March 2025, including specific construction quality requirements and staged payment provisions."

Document background
The Pre-Sale Agreement Property (Vorvertrag) is a crucial document in German real estate transactions, particularly when immediate execution of a final purchase agreement is not feasible or desired. This preliminary agreement is commonly used when certain conditions need to be fulfilled before the final sale, such as obtaining financing, completing due diligence, or awaiting regulatory approvals. Under German law, while the document creates binding obligations, it must be notarized to be legally valid and must clearly outline the essential elements of the future purchase agreement. The agreement serves as a security mechanism for both parties, ensuring their commitment to the transaction while providing time for necessary preparations. It's particularly relevant in new development projects, complex commercial property transactions, or when either party requires certain conditions to be met before proceeding with the final sale.
Suggested Sections

1. Parties: Detailed identification of the seller and buyer, including full names, addresses, and marital status (relevant for German property law)

2. Background: Context of the transaction and purpose of entering into a pre-sale agreement rather than immediate purchase

3. Definitions: Key terms used throughout the agreement, including property-specific terminology and German legal terms

4. Property Description: Detailed description of the property including land registry details (Grundbuch), parcel numbers, exact location, and size

5. Purchase Price: Agreed purchase price, payment terms, and any conditions affecting the price

6. Deposit: Terms and conditions of any deposit payment, including amount and holding arrangements

7. Conditions Precedent: Conditions that must be fulfilled before proceeding to the final purchase agreement

8. Timeline: Timeframe for concluding the final purchase agreement and any intermediate milestones

9. Obligations of the Seller: Seller's commitments regarding property maintenance, providing documentation, and cooperation

10. Obligations of the Buyer: Buyer's commitments regarding financing, documentation, and cooperation

11. Notarization: Acknowledgment of notarization requirement and arrangement for the final purchase agreement

12. Termination Rights: Circumstances under which either party may terminate the pre-sale agreement

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Financing Provisions: Include when buyer requires external financing - details of financing arrangements and conditions

2. Construction Requirements: Include for properties under construction - specifications, completion requirements, and quality standards

3. Tenant Provisions: Include if property is currently tenanted - details of existing tenancies and handling

4. Property Management: Include for properties in multi-unit developments - management and maintenance arrangements

5. VAT Elections: Include for commercial properties - VAT treatment and elections

6. Due Diligence: Include when extensive due diligence is required - process and requirements

7. Broker Provisions: Include when real estate agents are involved - commission arrangements

Suggested Schedules

1. Property Plans: Official property plans and drawings from the land registry

2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

3. Property Condition Report: Current condition assessment of the property

4. Building Permits: Copies of relevant building permits and certificates

5. Energy Certificate: Current energy performance certificate (Energieausweis)

6. Payment Schedule: Detailed schedule of payment terms and conditions

7. Property Photographs: Current photographs documenting the property condition

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Real Estate Investment

Urban Development

Residential Property

Commercial Property

Architecture & Planning

Relevant Teams

Legal

Real Estate

Property Development

Sales

Investment

Commercial

Acquisitions

Project Management

Construction

Finance

Risk Management

Compliance

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Property Manager

Investment Manager

Legal Counsel

Notary

Commercial Director

Development Director

Real Estate Investment Manager

Property Consultant

Construction Manager

Project Manager

Sales Director

Acquisition Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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