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Registered Agreement For Sale for Germany

Registered Agreement For Sale Template for Germany

A Registered Agreement For Sale under German law is a formal legal document that establishes the terms and conditions for the transfer of real property ownership. This document, which must be notarized according to German law, comprehensively details the property being sold, purchase price, payment terms, and conditions for ownership transfer. It includes specific provisions required under German property law, particularly addressing land registry requirements (Grundbuch), and must comply with the German Civil Code (BGB) and Land Registration Code (GBO). The agreement serves as the foundation for the property transfer process and must include all necessary elements for registration with the German land registry office.

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Registered Agreement For Sale

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What is a Registered Agreement For Sale?

The Registered Agreement For Sale is a crucial document in German real estate transactions, required whenever real property ownership is transferred. This document type is mandated by German law and must be executed before a notary public, who ensures compliance with all legal requirements and explains the content to all parties. It's used for both residential and commercial property transactions, containing detailed information about the property, parties involved, purchase price, payment terms, and conditions for transfer. The agreement must meet specific requirements under the German Civil Code (BGB), Land Registration Code (GBO), and Notarisation Act (BeurkG). It serves as the basis for the subsequent registration of the property transfer in the German land register (Grundbuch) and typically includes provisions addressing tax obligations, warranties, and property handover procedures.

What sections should be included in a Registered Agreement For Sale?

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and registration details if companies

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, boundaries, and included fixtures and fittings

5. Purchase Price: Statement of the purchase price, payment terms, and method of payment

6. Transfer of Ownership: Terms and conditions for the transfer of property ownership and registration in the land register (Grundbuch)

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

8. Closing Conditions: Prerequisites for completion of the sale, including necessary approvals and registrations

9. Costs and Taxes: Allocation of transaction costs, including notary fees, registration costs, and real estate transfer tax

10. Handover: Terms for the physical handover of the property and transfer of possession

11. Governing Law: Confirmation of German law as governing law and jurisdiction

12. Notarization: Acknowledgment of notarization requirement and process

What sections are optional to include in a Registered Agreement For Sale?

1. Financing Conditions: Include when purchase is subject to buyer obtaining financing

2. Tenant Rights: Include when property is sold with existing tenants

3. Environmental Provisions: Include when property has known environmental issues or requires specific declarations

4. Development Rights: Include when property has pending or potential development permissions

5. Pre-emption Rights: Include when there are statutory or contractual pre-emption rights

6. Defects Liability: Include when specific known defects need to be addressed

7. Intermediary Provisions: Include when real estate agents are involved in the transaction

What schedules should be included in a Registered Agreement For Sale?

1. Property Plans: Official cadastral plans and property drawings

2. Land Register Extract: Current extract from the land register (Grundbuchauszug)

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

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

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

6. Encumbrances Documentation: Details of any existing encumbrances, easements, or restrictions

7. Payment Schedule: Detailed schedule of payment installments if applicable

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 | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Commercial Property

Residential Property

Agriculture (for land sales)

Industrial Property

Retail Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Finance

Risk Management

Operations

Corporate Services

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary Public

Legal Counsel

Property Developer

Investment Manager

Asset Manager

Compliance Officer

Transaction Manager

Real Estate Portfolio Manager

Property Acquisition Manager

Real Estate Finance Manager

Land Registry Officer

Real Estate Transaction Coordinator

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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