The Simple Real Estate Purchase Contract (Grundst眉ckskaufvertrag) is a fundamental legal document used in German property transactions. It is required whenever real estate ownership is transferred between parties in Germany, whether they are individuals or companies. The contract must comply with strict German legal requirements, including mandatory notarization as per 搂311b BGB, and contains provisions for land registry registration, property transfer, and tax obligations. This document serves as the primary agreement governing the entire transaction, from initial sale agreement to final property transfer, and must include specific details about the property, parties involved, purchase price, and payment terms. It's designed to protect both buyer and seller interests while ensuring compliance with German property law and real estate transfer regulations.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Brief context of the transaction and confirmation that the seller is the registered owner
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details, address, and size
5. Purchase Price: The agreed purchase price and payment terms
6. Payment Terms: Schedule of payments, escrow arrangements, and financing conditions
7. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung)
8. Representations and Warranties: Seller's warranties regarding property condition and encumbrances
9. Handover and Transfer of Risk: Terms for physical handover of the property and transfer of risk
10. Costs and Taxes: Allocation of transaction costs, taxes, and notary fees
11. Governing Law: Confirmation of German law application and jurisdiction
1. Existing Encumbrances: Details of existing mortgages, easements, or other encumbrances, used when the property is not free of encumbrances
2. Tenant Rights: Information about existing tenancy agreements, used when the property is currently leased
3. Development Rights: Special provisions regarding building permits or development potential, used for undeveloped land or properties with development potential
4. Environmental Provisions: Specific clauses regarding environmental issues or contamination, used for properties with known or potential environmental concerns
5. Monument Protection: Special provisions for historically protected buildings, used when the property is under monument protection
6. Broker Provisions: Details about real estate agent involvement and commission, used when brokers are involved
7. Financing Conditions: Specific conditions related to buyer's financing, used when purchase depends on mortgage approval
1. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)
2. Property Plans: Floor plans, site plans, and cadastral maps
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Property Inventory: List of fixtures and fittings included in the sale
5. Due Diligence Reports: Technical surveys, property inspection reports, and relevant permits
6. Existing Contracts: Copies of relevant service contracts, insurance policies, and maintenance agreements
7. Photos and Documentation: Current photographs and documentation of the property condition
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Property Management
Investment & Asset Management
Urban Planning
Architecture
Insurance
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Investment
Compliance
Finance
Risk Management
Operations
Business Development
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Property Manager
Real Estate Developer
Investment Manager
Real Estate Investment Advisor
Property Surveyor
Mortgage Advisor
Legal Counsel
Transaction Manager
Asset Manager
Property Portfolio Manager
Real Estate Broker
Compliance Officer
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