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Agreement To Sell With Possession Template for Germany

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Key Requirements PROMPT example:

Agreement To Sell With Possession

"I need an Agreement To Sell With Possession for a commercial warehouse property in Munich, where the buyer needs to take possession by March 2025 for starting operations, but the full payment will be made in installments over 18 months."

Document background
The Agreement To Sell With Possession is a specialized contract used in German property transactions where there is a need to separate the transfer of possession from the transfer of ownership. This arrangement is particularly useful in scenarios where the buyer requires immediate use of the property while financing, administrative processes, or other conditions are being fulfilled. The document comprehensively addresses both the sale and possession aspects under German law, including purchase terms, possession conditions, maintenance responsibilities, and ownership transfer procedures. It's commonly used in commercial property transactions, development projects, or situations where staged completion or payment is desired. The agreement must comply with German Civil Code (BGB) requirements and often requires notarization for certain property types.
Suggested Sections

1. Parties: Identification and details of the seller and buyer

2. Background: Context of the transaction and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the property being sold

5. Purchase Price: Price, payment terms, and payment schedule

6. Transfer of Possession: Terms and conditions for transferring possession to the buyer

7. Transfer of Ownership: Conditions and process for transferring legal title

8. Seller's Warranties: Warranties regarding property condition, ownership, and encumbrances

9. Buyer's Obligations: Responsibilities and obligations of the buyer during possession

10. Maintenance and Costs: Allocation of maintenance responsibilities and associated costs

11. Insurance: Insurance requirements during the possession period

12. Default and Remedies: Consequences of breach and available remedies

13. Termination: Grounds and process for termination

14. Notices: Communication requirements between parties

15. Governing Law: Confirmation of German law application and jurisdiction

16. Miscellaneous: Standard boilerplate provisions

Optional Sections

1. Financing Provisions: Include when purchase involves external financing or installment payments

2. Consumer Protection Clauses: Required when one party is a consumer under German law

3. Third Party Rights: Include when there are existing tenants or other third-party rights

4. Environmental Provisions: Include for properties with potential environmental concerns

5. Construction/Renovation: Include when buyer plans modifications during possession period

6. Property Management: Include for commercial properties requiring specific management arrangements

7. Tax Provisions: Include when special tax considerations apply to the transaction

8. Broker Provisions: Include when real estate agents are involved in the transaction

Suggested Schedules

1. Property Description: Detailed technical description and plans of the property

2. Inventory List: List of included fixtures, fittings, and other items

3. Payment Schedule: Detailed breakdown of payment installments and dates

4. Condition Report: Documentation of property condition at possession transfer

5. Existing Contracts: List and copies of relevant existing contracts affecting the property

6. Required Permits: Copies of necessary permits and certificates

7. Insurance Specifications: Detailed insurance requirements and coverage

8. Form of Transfer Deed: Template for the final property transfer deed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Commercial Property

Residential Property

Banking & Finance

Construction

Manufacturing

Retail

Hospitality

Industrial

Agriculture

Logistics

Relevant Teams

Legal

Real Estate

Finance

Operations

Risk Management

Facilities Management

Corporate Development

Investment

Asset Management

Contract Administration

Property Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Corporate Lawyer

Finance Director

Chief Financial Officer

Property Manager

Facilities Manager

Contract Manager

Risk Manager

Business Development Manager

Investment Manager

Asset Manager

Operations Director

Commercial Director

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

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