The Residential Sales Agreement is a fundamental legal document used in German property transactions to formalize the sale and purchase of residential real estate. This document is essential whenever residential property ownership is transferred in Germany, whether it involves apartments, houses, or other residential units. The agreement must be notarized according to German law (搂 311b BGB) and includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and transfer conditions. It serves multiple purposes: documenting the transaction terms, ensuring legal compliance, protecting both parties' interests, and facilitating the property registration process with the German Land Registry (Grundbuchamt). The document must comply with strict German legal requirements and typically involves various stakeholders including notaries, banks, and public authorities.
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1. Parties (Vertragsparteien): Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background (Vorbemerkung): Context of the sale and brief description of the transaction
3. Definitions (Definitionen): Key terms used throughout the agreement
4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, address, and size
5. Purchase Price (Kaufpreis): Amount, payment terms, and method of payment
6. Transfer of Ownership (Eigentums眉bergang): Conditions and process for transferring property ownership
7. Representations and Warranties (Zusicherungen und Gew盲hrleistungen): Seller's declarations about the property's condition and legal status
8. Property Handover (脺bergabe): Terms and conditions for physical transfer of the property
9. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations
10. Land Registry Requirements (Grundbucherkl盲rungen): Necessary declarations for land registry purposes
11. Notices (Mitteilungen): Communication requirements between parties
12. Governing Law (Geltendes Recht): Confirmation of German law application and jurisdiction
1. Existing Tenancies (Bestehende Mietverh盲ltnisse): Required if property is currently rented - details of existing rental agreements and tenant rights
2. Mortgage Arrangements (Hypotheken/Grundschulden): Required if there are existing mortgages to be cleared or new financing arrangements
3. Special Fixtures and Fittings (Besondere Einrichtungsgegenst盲nde): Used when specific items are included/excluded from the sale
4. Energy Certificate (Energieausweis): Required if not included as a schedule - details of property's energy efficiency rating
5. Construction Warranty Claims (Baugew盲hrleistungsanspr眉che): Required for newer properties - transfer of construction warranty rights
6. Property Management (Hausverwaltung): Required for properties in multi-unit buildings - details of management arrangements
7. Pre-emption Rights (Vorkaufsrechte): Required if there are any pre-emption rights to be addressed
1. Land Registry Extract (Grundbuchauszug): Current official extract from the land registry
2. Property Floor Plans (Grundrisse): Official floor plans and property measurements
3. Energy Performance Certificate (Energieausweis): Mandatory energy efficiency documentation
4. Property Condition Report (Zustandsbericht): Detailed description of property condition and any known defects
5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
6. Property Tax Assessment (Grundsteuer-Bescheid): Current property tax assessment documentation
7. Inventory List (Inventarliste): List of included fixtures, fittings, and furniture if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking & Finance
Property Development
Construction
Insurance
Property Management
Public Administration
Notarial Services
Financial Advisory
Relevant Teams
Legal
Real Estate
Sales
Compliance
Finance
Risk Management
Property Management
Investment
Client Relations
Documentation
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Property Manager
Bank Manager
Mortgage Advisor
Legal Counsel
Property Surveyor
Tax Advisor
Compliance Officer
Real Estate Portfolio Manager
Property Developer
Sales Director
Contract Manager
Real Estate Investment Manager
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