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The Rental With Option To Buy Agreement (Mietkaufvertrag) is a specialized legal instrument used in German property transactions that provides flexibility for both property owners and potential buyers. It is particularly useful when a potential buyer needs time before committing to a purchase, wants to occupy the property immediately, or needs to build up financial capacity for the purchase. The agreement must comply with German legal requirements, including the German Civil Code (BGB) provisions for both rental and purchase agreements. It includes detailed specifications about the property, rental terms, maintenance obligations, insurance requirements, and the conditions under which the purchase option can be exercised. This type of agreement is common in both residential and commercial property markets and requires careful consideration of both rental law protections and property purchase regulations.

1. Parties: Identification of the landlord/seller and tenant/buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including property description and parties' intentions regarding the rental and future purchase option

3. Definitions: Key terms used throughout the agreement, including Property, Commencement Date, Option Period, Purchase Price, etc.

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

5. Rental Terms: Rental period, rent amount, payment terms, deposit, and other standard rental conditions

6. Maintenance and Repairs: Responsibilities for property maintenance, repairs, and improvements during the rental period

7. Option to Purchase: Terms of the purchase option, including option period, exercise process, and conditions precedent

8. Purchase Price: Agreed purchase price, any rent credits applied, and payment terms upon exercise of the option

9. Exercise of Option: Process and formalities for exercising the purchase option, including notice requirements

10. Property Transfer: Procedures and requirements for the actual transfer of property ownership upon option exercise

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

12. Insurance: Required insurance coverage during rental period and responsibilities of each party

13. Termination: Conditions and procedures for termination of the rental agreement and/or purchase option

14. Governing Law: Specification of German law as governing law and jurisdiction