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As Is Home Purchase Agreement Template for Germany

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Key Requirements PROMPT example:

As Is Home Purchase Agreement

"I need an As Is Home Purchase Agreement for a 19th-century listed building in Bavaria, with specific clauses addressing historical preservation requirements and limited renovation permissions, planned for completion by March 2025."

Document background
The As Is Home Purchase Agreement (Kaufvertrag für eine Immobilie im gegenwärtigen Zustand) is a specialized real estate contract used in Germany when transferring residential property ownership without standard warranties about the property's condition. This document is particularly relevant when selling older properties or those requiring renovation, where the seller wishes to limit their liability for property conditions. The agreement must comply with German legal requirements, including mandatory notarization, and typically includes detailed property descriptions, price terms, transfer conditions, and explicit acknowledgments of the property's current state. It's designed to protect both parties by clearly documenting that the buyer has inspected the property and accepts it in its existing condition, while still maintaining the basic legal protections required under German law.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant

2. Background: Context of the sale and confirmation that buyer has inspected the property

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, exact address, and size

5. Purchase Price and Payment Terms: Amount, payment schedule, and method of payment

6. As Is Condition and Disclaimer: Express acknowledgment of property's current condition and waiver of future claims

7. Property Handover: Timing and process for transferring possession

8. Transfer of Title: Process and conditions for legal transfer of ownership

9. Costs and Taxes: Distribution of transaction costs, including transfer tax and notary fees

10. Representations and Warranties: Limited warranties given the 'as is' nature, focusing on legal ownership and encumbrances

11. Pre-existing Rights and Encumbrances: Disclosure of any existing mortgages, easements, or other encumbrances

12. Notarization and Registration: Requirements for notarization and land registry registration

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

14. Execution: Signature requirements and date

Optional Sections

1. Mortgage Arrangements: Include when buyer is financing the purchase through a mortgage

2. Fixtures and Fittings: Include when specific items are being included or excluded from the sale

3. Environmental Matters: Include when there are known environmental issues or concerns

4. Building Permits and Compliance: Include when there are ongoing building works or compliance issues

5. Condominium Provisions: Include when property is part of a condominium complex

6. Tenant Rights: Include when property is currently leased

7. Development Rights: Include when there are specific building or development restrictions

8. Right of First Refusal: Include when there are pre-existing rights of first refusal

Suggested Schedules

1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Property Floor Plans: Official floor plans and property measurements

3. Energy Performance Certificate: Mandatory energy efficiency documentation

4. Property Inspection Report: Documentation of current condition and known defects

5. List of Included Fixtures: Detailed inventory of items included in the sale

6. Building Permits: Copies of relevant building permits and certificates

7. Property Tax Assessment: Current property tax assessment documentation

8. Site Plan: Official site plan showing property boundaries and easements

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








































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Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Insurance

Property Management

Professional Services

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Acquisitions

Due Diligence

Finance

Business Development

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Developer

Mortgage Advisor

Real Estate Investment Manager

Property Surveyor

Legal Counsel

Compliance Officer

Real Estate Portfolio Manager

Property Inspector

Real Estate Transaction Manager

Risk Assessment Officer

Real Estate Broker

Title Insurance 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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