The Private Real Estate Sale Contract is a fundamental legal instrument used in Germany for transferring ownership of real estate property between private parties. It must be executed before a notary public as required by German law, specifically the German Civil Code (BGB). This document is essential when individuals wish to sell or purchase residential or commercial property, containing all necessary provisions for a legally valid transfer, including property details, price, payment terms, warranties, and completion requirements. The contract ensures compliance with German property law requirements, including land registry regulations, tax obligations, and property transfer procedures. It provides legal certainty for both parties and serves as the basis for the property's registration in the land registry (Grundbuch). The document is particularly important as it represents one of the most significant financial transactions most private individuals will undertake in their lifetime.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Brief context of the transaction and confirmation that seller owns the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, exact address, and size
5. Purchase Price: Specified purchase price and payment terms including escrow arrangements
6. Condition of Property: Current state of the property, known defects, and as-is provisions
7. Encumbrances: Existing mortgages, easements, and other encumbrances on the property
8. Transfer of Ownership: Conditions and process for transferring title (Auflassung)
9. Costs and Taxes: Distribution of transaction costs, real estate transfer tax, and notary fees
10. Warranties: Seller's warranties regarding property title, encumbrances, and condition
11. Completion Requirements: Steps required for completion including registration and payment conditions
12. Risk Transfer: Point at which risk and benefits transfer to the buyer
13. Governing Law: Confirmation of German law application and jurisdiction
1. Existing Tenancies: Details of current rental agreements if property is tenant-occupied
2. Renovation Requirements: Specific works to be completed before or after completion
3. Environmental Provisions: Specific clauses regarding contamination or environmental issues
4. Financing Conditions: Conditions related to buyer's financing arrangements
5. Pre-emption Rights: Handling of any municipal or third-party pre-emption rights
6. Interim Period Provisions: Management of the property between signing and completion
7. Development Conditions: Special conditions regarding future development of the property
8. VAT Election: VAT treatment if seller is opting to tax the sale
9. Agent Provisions: Details of real estate agent involvement and commission arrangements
1. Property Plan: Official cadastral plan showing property boundaries
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Building Documentation: Floor plans, building permits, and technical specifications
4. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
5. Inventory List: List of fixtures, fittings, and other items included in the sale
6. Existing Tenancy Agreements: Copies of current rental contracts if applicable
7. Property Management Contracts: Details of ongoing service contracts and maintenance agreements
8. Building Inspection Report: Technical due diligence report if commissioned
9. Property Photos: Current photographs documenting the condition of the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Property Management
Professional Services
Residential Property
Commercial Property
Urban Development
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Documentation
Finance
Risk Management
Investment
Operations
Client Services
Relevant Roles
Real Estate Lawyer
Notary
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Tax Advisor
Property Surveyor
Banking Manager
Mortgage Specialist
Property Developer
Real Estate Investment Manager
Legal Administrator
Property Consultant
Documentation Specialist
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