The Residential Sale And Purchase Contract is a fundamental legal document used in German real estate transactions for transferring ownership of residential properties. It is essential for any residential property sale in Germany, whether involving private homes, apartments, or other residential units. The document must be notarized in accordance with German law and includes detailed provisions covering property description, purchase price, payment terms, warranties, and transfer mechanics. It addresses specific requirements under the German Civil Code (BGB) and related legislation, including land registry regulations and property transfer tax obligations. This contract type is particularly important as it forms the basis for the property's transfer in the land registry (Grundbuch) and ensures all legal requirements for a valid property transfer in Germany are met. It serves both as a binding agreement between parties and as the foundation for the formal property transfer process.
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1. Parties (Vertragsparteien): Identification and details of the seller and purchaser
2. Background (Vorbemerkung): Context of the transaction and brief property description
3. Definitions (Definitionen): Key terms used throughout the agreement
4. Property Description (Grundst眉cksbeschreibung): Detailed description of the property including land registry details, exact location, and size
5. Purchase Price (Kaufpreis): Statement of purchase price, payment terms, and mechanics
6. Payment Conditions (Zahlungsbedingungen): Detailed payment schedule, escrow arrangements, and financing provisions
7. Transfer of Ownership (Eigentums眉bergang): Conditions and process for transferring ownership, including Auflassung
8. Possession, Benefits and Burdens (Besitz, Nutzen und Lasten): Timing and conditions for transfer of possession and associated rights/obligations
9. Warranties (Gew盲hrleistungen): Seller's warranties regarding the property condition and legal status
10. Property Condition (Grundst眉ckszustand): Description of the current condition and any known defects
11. Encumbrances (Belastungen): Existing mortgages, easements, and other encumbrances
12. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs and tax obligations
13. Notices (Mitteilungen): Communication requirements between parties
14. Governing Law (Geltendes Recht): Confirmation of German law application
15. Severability (Salvatorische Klausel): Standard clause on partial invalidity
1. Existing Tenancies (Bestehende Mietverh盲ltnisse): Required when the property is sold with existing tenants, describing their rights and rental agreements
2. Mortgage Redemption (Hypothekenl枚schung): Required when existing mortgages need to be discharged
3. Construction Obligations (Bauverpflichtungen): Required when the property includes incomplete construction or renovation obligations
4. Energy Certificate (Energieausweis): Required for properties where an energy performance certificate is mandatory
5. Pre-emption Rights (Vorkaufsrechte): Required when there are existing pre-emption rights to be addressed
6. Contamination Provisions (Altlastenregelungen): Required when there are known or suspected contamination issues
7. Monument Protection (Denkmalschutz): Required for properties under monument protection
8. Parking Spaces (Stellpl盲tze): Required when parking spaces or garages are included in the sale
1. Land Registry Extract (Grundbuchauszug): Current official extract from the land registry
2. Property Plans (Grundst眉ckspl盲ne): Floor plans, site plans, and boundary documentation
3. Inventory List (Inventarliste): List of any fixtures, fittings, or furniture included in the sale
4. Energy Certificate (Energieausweis): Energy performance certificate and related documentation
5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
6. Property Charges (Grundst眉ckslasten): Details of ongoing public charges and contributions
7. Tenant Schedule (Mieteraufstellung): Details of existing tenancies if applicable
8. Technical Due Diligence (Technische Due Diligence): Reports on building condition and technical inspections
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