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Certificate Of Deed Of Sale Template for Germany

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Key Requirements PROMPT example:

Certificate Of Deed Of Sale

"I need a Certificate of Deed of Sale for a commercial property in Berlin with existing tenants, where the transfer of ownership needs to be completed by March 2025, and the document must include specific provisions for maintaining current lease agreements."

Document background
The Certificate of Deed of Sale (Kaufvertrag) is a fundamental legal document in German property transactions, required whenever real estate ownership is transferred between parties. This document must be executed before a notary public in accordance with §311b of the German Civil Code (BGB), making it legally binding and enforceable. It serves multiple purposes: documenting the agreement between parties, facilitating the official transfer of ownership, enabling land registry updates, and ensuring compliance with German property law requirements. The document includes essential information such as property details, purchase price, payment terms, warranties, and specific conditions of the sale. It's particularly important as it forms the legal basis for property ownership transfer and must meet strict formal requirements under German law to be valid.
Suggested Sections

1. Parties (Vertragsparteien): Detailed identification of seller and buyer including full names, addresses, and registration details if companies are involved

2. Background (Vorbemerkung): Context of the sale and current ownership status

3. Definitions (Definitionen): Key terms used throughout the document

4. Property Description (Grundstücksbeschreibung): Detailed description of the property including land register details, exact measurements, and location

5. Purchase Price (Kaufpreis): Specified purchase amount, payment terms, and payment schedule

6. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership

7. Warranties (Gewährleistungen): Seller's warranties regarding the property's condition and legal status

8. Possession and Risk (Besitzübergang und Gefahrtragung): Terms for transferring possession and associated risks

9. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs and tax obligations

10. Registration Authorizations (Eintragungsbewilligungen): Authorizations for land register entries

Optional Sections

1. Mortgage Arrangements (Grundpfandrechte): Used when existing mortgages need to be handled or new financing is involved

2. Tenant Rights (Mietrechte): Required when the property is sold with existing tenants

3. Pre-emptive Rights (Vorkaufsrechte): Included when there are existing pre-emptive rights or new ones being created

4. Building Permits (Baugenehmigungen): Necessary for properties with pending or required building permits

5. Environmental Matters (Umweltangelegenheiten): Required for properties with environmental considerations or obligations

6. Easements (Grunddienstbarkeiten): Included when there are existing or new easements affecting the property

Suggested Schedules

1. Land Register Extract (Grundbuchauszug): Current extract from the land register showing ownership and encumbrances

2. Property Plans (Grundstückspläne): Official plans and drawings of the property and buildings

3. Energy Certificate (Energieausweis): Mandatory energy performance certificate for buildings

4. Property Inventory (Inventarliste): List of items included in the sale if applicable

5. Due Diligence Documents (Due-Diligence-Unterlagen): Technical reports, permits, and other relevant documentation

6. Tax Documentation (Steuerunterlagen): Relevant tax certificates and documentation

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

Banking and Finance

Legal Services

Construction

Property Management

Investment

Commercial Property

Residential Property

Urban Development

Agriculture (for land sales)

Industrial Property

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Acquisitions

Investment

Due Diligence

Tax

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Property Developer

Investment Manager

Real Estate Investment Analyst

Compliance Officer

Tax Advisor

Real Estate Portfolio Manager

Property Acquisitions Manager

Real Estate Transaction Manager

Due Diligence Specialist

Land Registry 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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