Commercial Real Estate Purchase And Sale Agreement

Commercial Real Estate Purchase And Sale Agreement Template for Germany

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Key Requirements PROMPT example:

"I need a Commercial Real Estate Purchase And Sale Agreement governed by German law for the acquisition of a multi-tenant office building in Berlin, with specific provisions for existing lease agreements and service contracts, planned for completion in March 2025."

Document background

The Commercial Real Estate Purchase And Sale Agreement is a critical document used in German property transactions when transferring ownership of business-related real estate assets. It must comply with German legal requirements, including mandatory notarization and land register regulations. This document is essential for transactions involving office buildings, retail spaces, industrial facilities, or other commercial properties. It includes comprehensive provisions covering property description, purchase price, warranties, due diligence findings, and closing conditions. The agreement addresses specific German legal requirements such as real estate transfer tax (Grunderwerbsteuer) and land register (Grundbuch) procedures, while incorporating commercial considerations like existing tenancies, service contracts, and regulatory compliance. It's particularly important that the document follows the formal requirements of German property law while protecting both parties' interests in complex commercial transactions.

Suggested Sections

1. Parties: Identification of seller and purchaser with full legal details as required under German law

2. Background: Context of the transaction and property overview

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land register details (Grundbuch)

5. Purchase Price: Price, payment terms, and escrow arrangements

6. Transfer of Title and Risk: Conditions and process for transferring ownership via the land register

7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and compliance

8. Condition of Property: Current state, known defects, and as-is provisions

9. Due Diligence: Buyer's investigation rights and seller's disclosure obligations

10. Closing Conditions: Prerequisites for completion including regulatory approvals

11. Closing Process: Steps for completion including notarization requirements

12. Taxes and Costs: Allocation of transfer tax, notary fees, and other transaction costs

13. Property Management: Arrangements between signing and closing

14. Notices: Communication procedures between parties

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

Optional Sections

1. Existing Leases: Details of current tenancies - include if property is leased

2. Environmental Provisions: Specific environmental warranties and indemnities - include if environmental risks identified

3. Financing Conditions: Buyer's financing arrangements - include if purchase is contingent on financing

4. Employee Transfers: Transfer of property-related employees - include if relevant staff will transfer

5. Service Contracts: Treatment of existing service agreements - include if property has ongoing service contracts

6. Development Rights: Future development potential - include if property has development potential

7. Monument Protection: Special provisions for protected buildings - include if property is historically protected

8. VAT Election: VAT treatment of the transaction - include if VAT election is relevant

Suggested Schedules

1. Property Description Schedule: Detailed technical description including land register excerpts

2. Title Documentation: Land register entries, encumbrances, and easements

3. Lease Schedule: Details of all existing lease agreements

4. Service Contracts Schedule: List of transferring service agreements

5. Due Diligence Findings: Summary of key due diligence results

6. Environmental Reports: Environmental assessment results and known issues

7. Building Permits: Existing permits and certificates

8. Property Plans: Site plans, floor plans, and technical drawings

9. Energy Certificates: Mandatory energy performance certificates

10. Transfer Documents: Form of transfer documents for closing

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Commercial Property Development

Retail

Industrial Manufacturing

Logistics and Warehousing

Healthcare

Hospitality

Office Space Management

Banking and Financial Services

Insurance

Professional Services

Data Centers

Education

Energy and Utilities

Relevant Teams

Legal

Real Estate

Finance

Tax

Operations

Facilities Management

Risk and Compliance

Corporate Development

Investment

Asset Management

Property Management

Due Diligence

Business Development

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Director

Head of Property

Legal Counsel

Property Manager

Facilities Manager

Investment Manager

Asset Manager

Development Director

Acquisitions Manager

Due Diligence Manager

Commercial Director

Risk Manager

Compliance Officer

Finance Director

Tax Manager

Operations Director

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Let's create your Commercial Real Estate Purchase And Sale Agreement

Authors

Alex Denne

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