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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."
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
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
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
Real Estate
Legal Services
Banking & Finance
Construction
Property Development
Insurance
Public Administration
Property Management
Urban Planning
Environmental Services
Legal
Real Estate
Property Management
Compliance
Risk Assessment
Document Management
Financial Services
Property Development
Technical Services
Administrative Support
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
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