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Home Sale Contract By Owner

Home Sale Contract By Owner Template for Germany

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Key Requirements PROMPT example:

Home Sale Contract By Owner

"I need a Home Sale Contract By Owner for selling my Berlin apartment, with completion planned for March 2025, including standard warranties and a clause about existing IKEA kitchen fixtures that will be included in the sale."

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Document background
The Home Sale Contract By Owner is a crucial legal document used in Germany when a property owner wishes to sell their residential property directly to a buyer without real estate agent intermediation. This document must strictly comply with German legal requirements, particularly the German Civil Code (BGB), and requires mandatory notarization (as per BGB § 311b). It is typically used by private sellers looking to save on agent commissions while ensuring all legal requirements are met. The contract covers essential elements including property details, purchase price, payment terms, transfer of ownership (Auflassung), warranties, and specific German legal requirements such as land registry (Grundbuch) registration. It must address both federal German law and any applicable state-specific (Bundesland) regulations.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and marital status (relevant for German property law)

2. Background: Brief context of the sale and confirmation of seller's ownership

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land register details (Grundbuch), plot number, address, and size

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

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

7. Transfer of Ownership: Terms for the transfer of title (Auflassung) and registration in the land register

8. Possession and Transfer Date: Specified date for handover of the property and transfer of possession

9. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and hidden defects

10. Property Condition: Current state of the property, known defects, and as-is conditions

11. Encumbrances: Existing mortgages, easements, and other registered encumbrances

12. Costs and Taxes: Allocation of transaction costs, transfer taxes, and registration fees

13. Notarization: Acknowledgment of notarization requirement and associated procedures

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

Optional Sections

1. Existing Tenancies: Details of current rental agreements if property is tenant-occupied

2. Fixtures and Fittings: List of items included/excluded in the sale, used when specific items need to be clarified

3. Energy Certificate: Energy performance details, required if property has an energy certificate

4. Building Permits: Information about existing or pending building permits, used for properties with recent construction

5. Contamination Clause: Specific provisions regarding known or suspected contamination, used for properties in industrial areas

6. Monument Protection: Special provisions for historically protected buildings

7. Right of First Refusal: Addressing any existing rights of first refusal, particularly relevant in urban areas

8. Parking/Garage Rights: Special provisions for associated parking spaces or garage rights

9. Construction Warranty Claims: Transfer of existing warranty claims for newer properties

10. Utilities and Connections: Specific provisions about utility contracts and connections

Suggested Schedules

1. Land Register Extract: Current official extract from the Grundbuch

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

3. Property Photos: Documented current condition of the property

4. List of Fixtures and Fittings: Detailed inventory of items included in the sale

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

6. Property Tax Assessment: Current property tax assessment and payment status

7. Building Insurance: Details of existing building insurance

8. Maintenance Records: Documentation of major maintenance and repairs

9. Technical Due Diligence: Reports on building condition and technical inspections

10. Cadastral Map Extract: Official extract from the cadastral register

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Legal Services

Banking & Finance

Construction

Property Development

Insurance

Public Administration

Property Management

Urban Planning

Environmental Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Assessment

Document Management

Financial Services

Property Development

Technical Services

Administrative Support

Relevant Roles

Property Owner

Private Seller

Home Buyer

Notary Public

Legal Counsel

Property Lawyer

Real Estate Attorney

Bank Manager

Mortgage Advisor

Property Surveyor

Tax Advisor

Property Appraiser

Land Registry Officer

Building Inspector

Environmental Assessor

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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