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Apartment Sale And Purchase Contract Template for Germany

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Key Requirements PROMPT example:

Apartment Sale And Purchase Contract

"I need an Apartment Sale and Purchase Contract for a newly built 2-bedroom apartment in Berlin, with completion scheduled for March 2025, including provisions for advance payments during the construction phase and detailed warranties from the developer."

Document background
The Apartment Sale And Purchase Contract (Kaufvertrag für eine Eigentumswohnung) is a fundamental legal document used in German real estate transactions for the transfer of apartment ownership. It is required whenever an apartment unit is being sold, whether in new developments or existing buildings. The document must be executed before a German notary public, who ensures compliance with all legal requirements and proper documentation of the transaction. This contract type is specifically designed to address the unique aspects of apartment ownership under German law, including shared property rights and obligations under the Condominium Act (WEG). It includes comprehensive provisions about the property's characteristics, purchase price, payment terms, warranties, and the precise process for transferring ownership through the land registry. The document is crucial for both private and commercial transactions and must account for specific German legal requirements such as notarization, land registry regulations, and energy efficiency certifications.
Suggested Sections

1. Parties: Identification and details of the seller(s) and purchaser(s), including full legal names, addresses, and marital status where relevant

2. Background: Context of the transaction and confirmation that the seller is the registered owner of the property

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

4. Object of Purchase: Detailed description of the apartment, including land register details, size, location, and associated rights in common property

5. Purchase Price and Payment Terms: Agreed purchase price, payment schedule, and escrow arrangements

6. Encumbrances and Warranties: Existing encumbrances, mortgages, and seller's warranties regarding the property's condition

7. Transfer of Possession: Terms for handover of the property, including timing and condition requirements

8. Costs and Taxes: Allocation of transaction costs, including notary fees, land register costs, and real estate transfer tax

9. Energy Certificate: Information about the property's energy certificate as required by EnEV

10. Pre-emption Rights: Confirmation regarding any existing pre-emption rights and handling thereof

11. Powers of Attorney: Required authorizations for completion of the transaction

12. Notices: Process for serving notices between the parties

Optional Sections

1. Financing Provisions: Required when purchaser is obtaining mortgage financing, including cooperation obligations of seller

2. Tenant Provisions: Required when the property is currently leased, addressing existing tenancy agreements

3. Renovation Agreement: Optional section when specific renovations are agreed to be completed before or after completion

4. Property Management: Required when there are specific arrangements regarding ongoing property management contracts

5. Defects Resolution: Optional detailed procedure for handling any defects discovered after completion

6. Special Right of Withdrawal: Required when dealing with consumer buyers or specific circumstances warranting withdrawal rights

Suggested Schedules

1. Land Register Extract: Current extract from the land register (Grundbuchauszug)

2. Floor Plans: Official floor plans and area calculations of the apartment

3. Property Inventory: List of fixtures, fittings, and other items included in the sale

4. Declaration of Division: Copy of the WEG declaration of division (°Õ±ð¾±±ô³Ü²Ô²µ²õ±ð°ù°ì±ôä°ù³Ü²Ô²µ)

5. House Rules: Current house rules and regulations of the apartment complex

6. Property Management Agreements: Existing property management contracts and service agreements

7. Energy Certificate: Copy of the current energy certificate (Energieausweis)

8. Maintenance Reserve Statement: Current statement of the maintenance reserve account (Instandhaltungsrücklage)

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

Relevant legal definitions




































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Urban Development

Housing

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Operations

Finance

Investment

Asset Management

Transaction Advisory

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Legal Counsel

Notary

Real Estate Transaction Manager

Property Surveyor

Mortgage Advisor

Real Estate Investment Manager

Contract Manager

Property Portfolio Manager

Real Estate Operations Director

Compliance Officer

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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