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Real Estate Purchase Contract Template for Germany

A comprehensive legal document governed by German law that formalizes the transfer of real estate ownership from seller to buyer. This contract must be executed before a German notary public (notarielle Beurkundung) to be legally valid and requires detailed specifications about the property, parties involved, purchase price, payment terms, and conditions of transfer. It incorporates provisions from the German Civil Code (BGB) and related real estate legislation, including requirements for land registry registration (Grundbuch) and real estate transfer tax (Grunderwerbsteuer). The document serves as the foundation for the property transfer process and includes warranties, representations, and specific conditions that must be met before ownership can be transferred.

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What is a Real Estate Purchase Contract?

The Real Estate Purchase Contract (Immobilienkaufvertrag) is a fundamental legal instrument in German property transactions, essential for any transfer of real estate ownership. It is used when purchasing land, buildings, apartments, or commercial properties in Germany. The document must comply with strict formal requirements under German law, including mandatory notarization, and serves multiple purposes: it defines the exact property being transferred, establishes the purchase price and payment terms, outlines the conditions for ownership transfer, and allocates rights and responsibilities between parties. The contract must address various aspects such as existing encumbrances, warranties about the property's condition, and specific requirements for land registry registration. It's particularly important as it forms the basis for the actual transfer of ownership and triggers various legal obligations, including tax liabilities.

What sections should be included in a Real Estate Purchase Contract?

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and registration details if companies

2. Background: Context of the transaction and confirmation that the seller is the registered owner of the property

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, exact address, size, and boundaries

5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Conditions and process for transferring title (Auflassung)

7. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and legal status

8. Property Condition: Description of the property's current condition and any known defects

9. Encumbrances: Existing mortgages, easements, or other encumbrances and how they will be handled

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and other fees

11. Possession and Risk Transfer: Date and conditions for transferring possession and risk to the buyer

12. Pre-emption Rights: Confirmation regarding any statutory or contractual pre-emption rights

13. Notarization and Registration: Provisions regarding notarization and land registry registration process

14. Final Provisions: Governing law, severability, and entire agreement clauses

What sections are optional to include in a Real Estate Purchase Contract?

1. Tenant Provisions: Required if the property is sold with existing tenants, describing their rights and current lease agreements

2. Mortgage Assumption: Used when the buyer is taking over existing mortgage obligations

3. Construction Obligations: Needed if the property is under construction or requires specific renovations before transfer

4. Commercial Use Provisions: Required for properties with commercial use, including permits and licenses

5. Monument Protection: Required for historically protected buildings (Denkmalschutz)

6. Contamination Provisions: Needed if there are known or suspected environmental contamination issues

7. Property Management: Required for apartment buildings or properties with ongoing management needs

8. Development Rights: Used when there are unused development rights or pending zoning changes

What schedules should be included in a Real Estate Purchase Contract?

1. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

2. Property Plans: Official site plans, floor plans, and boundary documentation

3. Inventory List: List of fixtures, fittings, and other items included in the sale

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

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

6. Tenant Schedule: List of current tenants and key lease terms if applicable

7. Property Tax Assessment: Current property tax assessment and payment status

8. Building Inspection Report: Recent building inspection or survey reports

9. Utilities Documentation: Information about utility connections and consumption

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Service Contract

Cost

Free to use

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