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For Sale By Owner Purchase Contract Template for Germany

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Key Requirements PROMPT example:

For Sale By Owner Purchase Contract

"I need a For Sale By Owner Purchase Contract for selling my residential property in Munich, Germany, with a planned closing date of March 15, 2025; the property includes an existing tenant whose lease expires in June 2025, so this needs to be addressed in the contract."

Document background
The For Sale By Owner Purchase Contract is utilized in Germany when property owners choose to sell their real estate directly to buyers without full real estate agent services. This document is crucial in the German property market as it must comply with strict legal requirements, including mandatory notarization under German law. The contract serves as the primary legal instrument for transferring property ownership, incorporating essential elements such as property details, purchase price, payment terms, warranties, and specific provisions required by German property law. It includes necessary information for land register registration (Grundbuch) and addresses tax implications under German Real Estate Transfer Tax Law (GrEStG). The document is designed to protect both parties' interests while ensuring compliance with all relevant German legal requirements for property transactions.
Suggested Sections

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status as required under German law

2. Background: Context of the sale and basic information about the property transaction

3. Definitions: Key terms used throughout the contract, including property-specific terminology and legal concepts

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

5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements

6. Payment Terms: Detailed payment schedule, method of payment, and conditions for release of funds

7. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung) and registration in the land register

8. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and disclosed defects

9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees

10. Handover: Terms and conditions for physical handover of the property

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

Optional Sections

1. Existing Encumbrances: Details of existing mortgages, easements, or other encumbrances when applicable

2. Tenant Rights: Information about existing rental agreements if the property is currently leased

3. Building Permits: Details of existing or pending building permits when relevant to undeveloped or partially developed property

4. Environmental Provisions: Specific clauses regarding environmental issues or contamination if relevant

5. Renovation Requirements: Details of mandatory renovations or repairs if agreed as part of the sale

6. Monument Protection: Special provisions for properties under monument protection (Denkmalschutz)

7. Right of First Refusal: Provisions regarding any existing rights of first refusal (Vorkaufsrecht)

8. Special Use Rights: Details of any special use rights or restrictions that run with the property

Suggested Schedules

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

2. Property Plans: Official site plans, floor plans, and building plans

3. Energy Certificate: Current energy performance certificate (Energieausweis)

4. Property Documentation: Technical documentation, including building permits and inspection reports

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

6. Photographic Documentation: Current photographs of the property and any documented defects

7. Property Tax Assessment: Recent property tax assessment and payment history

8. Utilities Documentation: Information about utility connections and recent consumption data

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

Residential Property

Commercial Property

Construction

Property Development

Banking and Finance

Legal Services

Property Management

Urban Development

Architecture and Design

Relevant Teams

Legal Affairs

Real Estate Operations

Property Management

Financial Operations

Tax Advisory

Risk Management

Compliance

Investment Analysis

Portfolio Management

Construction Management

Relevant Roles

Property Owner

Property Buyer

Real Estate Lawyer

Notary Public

Property Manager

Real Estate Developer

Financial Advisor

Mortgage Specialist

Tax Consultant

Property Appraiser

Construction Manager

Urban Planning Officer

Real Estate Investment Manager

Property Portfolio Manager

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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