The Real Property Sales Contract is a fundamental legal document used in German real estate transactions for transferring ownership of real property between parties. This contract type is essential for any real estate transaction in Germany and must be notarized to be legally valid. It is used when selling or purchasing any type of real property, including residential homes, commercial buildings, industrial facilities, or undeveloped land. The document includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and conditions for transfer of ownership. It must comply with German Civil Code (BGB) requirements, land registry regulations, and relevant tax laws. The contract serves as the basis for the property transfer in the German Land Registry (Grundbuch) and typically involves multiple stakeholders including buyers, sellers, notaries, and often financial institutions.
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1. Parties (Vertragsparteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant
2. Background (Vorbemerkung): Context of the sale and basic information about the property and transaction
3. Definitions (Definitionen): Key terms used throughout the contract
4. Property Description (Grundst眉cksbeschreibung): Detailed description of the property including land registry details, exact location, and size
5. Purchase Price (Kaufpreis): Agreed purchase price, payment terms, and payment schedule
6. Transfer of Ownership (Eigentums眉bergang): Conditions and process for transferring property ownership
7. Possession, Benefits and Burdens (Besitz, Nutzen und Lasten): Timing and conditions for transfer of possession and associated rights and obligations
8. Warranties and Representations (Gew盲hrleistungen): Seller's warranties regarding the property's condition and any existing encumbrances
9. Land Registry Matters (Grundbuchangelegenheiten): Provisions regarding land registry entries and required changes
10. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, taxes, and fees between parties
11. Notices (Mitteilungen): Communication requirements and contact details for official notices
12. Governing Law (Geltendes Recht): Confirmation of German law application and jurisdiction
1. Mortgage and Financing (Finanzierung): Include when buyer requires financing or existing mortgages need to be addressed
2. Tenant Rights (Mietrechte): Required if the property is currently leased or has existing tenants
3. Development Obligations (Bauauflagen): Include for undeveloped land or properties requiring specific construction obligations
4. Environmental Matters (Umweltbelange): Required for properties with potential environmental issues or specific requirements
5. Pre-emption Rights (Vorkaufsrechte): Include when there are existing pre-emption rights or when they need to be addressed
6. Special Use Rights (Sondernutzungsrechte): Required for properties with specific use rights or restrictions
7. Energy Certificate Provisions (Energieausweis): Include specific provisions regarding energy performance certificates if required
1. Land Registry Extract (Grundbuchauszug): Current official extract from the land registry
2. Property Plans (Grundst眉ckspl盲ne): Official site plans, building plans, and boundary descriptions
3. Inventory List (Inventarliste): List of items included in the sale if applicable
4. Energy Performance Certificate (Energieausweis): Current energy performance certificate for the building
5. Property Inspection Report (Begehungsprotokoll): Documentation of property condition and any noted defects
6. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
7. Encumbrances List (Belastungs眉bersicht): List of all existing encumbrances and easements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking & Finance
Legal Services
Urban Development
Residential Property
Commercial Property
Industrial Property
Agriculture (for agricultural land)
Retail
Hospitality
Relevant Teams
Legal
Real Estate
Property Management
Facilities
Finance
Compliance
Risk Management
Corporate Development
Investment
Operations
Asset Management
Acquisitions
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Corporate Counsel
Legal Director
Real Estate Developer
Property Investment Manager
Facilities Manager
Real Estate Finance Manager
Compliance Officer
Title Insurance Officer
Real Estate Transaction Manager
Asset Manager
Property Acquisition Manager
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