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Home Sales Agreement Contract

Home Sales Agreement Contract Template for Germany

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Key Requirements PROMPT example:

Home Sales Agreement Contract

"I need a Home Sales Agreement Contract for selling my three-bedroom house in Munich to a private buyer, with the property being sold fully furnished and including specific provisions for the existing solar panel installation."

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Document background
The Home Sales Agreement Contract is a crucial legal document used in German residential property transactions, requiring notarization under German law. This comprehensive agreement is essential when transferring ownership of houses, apartments, or other residential properties in Germany. It must comply with the German Civil Code (BGB), the Land Registry Act (GBO), and various other regulations governing real estate transactions. The document includes detailed property descriptions, purchase price, payment terms, warranties, and specific German legal requirements such as energy certificates and land registry information. It's particularly important as property sales in Germany are only legally binding when notarized, and this agreement serves as the basis for the official transfer of ownership in the land registry (Grundbuch). The contract protects both buyers and sellers by clearly defining all aspects of the transaction while ensuring compliance with German property law and tax regulations.
Suggested Sections

1. Parties (Vertragsparteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant

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

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

4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, exact location, and size

5. Purchase Price (Kaufpreis): Statement of purchase price, payment terms, and payment schedule

6. Due Diligence Results (Ergebnis der Grundstücksprüfung): Confirmation of property inspection and disclosure of known issues

7. Transfer of Ownership (Eigentumsübergang): Terms for the transfer of property ownership and registration in the land registry

8. Warranties and Representations (Gewährleistungen und Zusicherungen): Seller's warranties about the property condition and legal status

9. Possession and Risk Transfer (Besitzübergang und Gefahrübergang): Terms for handover of property and transfer of risk

10. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, taxes, and fees

11. Energy Certificate (Energieausweis): Energy efficiency details as required by German law

12. Notarization and Registration (Beurkundung und Grundbucheintragung): Requirements for notarization and land registry registration

13. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Confirmation of German law application and jurisdiction

14. Execution (Unterschriften): Formal execution requirements and signature blocks

Optional Sections

1. Mortgage and Financing (Finanzierung und Grundpfandrechte): Include when buyer requires mortgage financing or existing mortgages need to be addressed

2. Tenant Rights (Mieterverhältnisse): Include when property is currently rented or has existing tenants

3. Property Management (Hausverwaltung): Include for properties in multi-unit buildings with property management

4. Construction Requirements (Bauliche Auflagen): Include when property has pending construction obligations or restrictions

5. Right of First Refusal (Vorkaufsrecht): Include when there are existing rights of first refusal or when creating new ones

6. Contamination Clause (Altlastenklausel): Include when there are concerns about potential contamination or environmental issues

7. Inventory (Inventar): Include when sale includes specific furniture or fixtures

8. Development Rights (Bauliche Nutzungsrechte): Include when there are specific development rights or restrictions

Suggested Schedules

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

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

3. Energy Performance Certificate (Energieausweis): Detailed energy efficiency documentation

4. Property Inventory List (Inventarliste): Detailed list of included fixtures, fittings, and furniture if applicable

5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates

6. Property Photographs (Objektfotos): Current photographs documenting property condition

7. Technical Due Diligence Report (Technisches Gutachten): If commissioned, technical assessment of property condition

8. Property Tax Assessment (Grundsteuerberechnung): Current property tax assessment and calculations

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

Banking & Finance

Legal Services

Construction

Property Development

Insurance

Property Management

Public Administration

Notary Services

Real Estate Investment

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Sales

Risk Management

Operations

Investment

Document Management

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Manager

Real Estate Developer

Mortgage Advisor

Property Surveyor

Tax Consultant

Legal Counsel

Property Investment Manager

Real Estate Portfolio Manager

Compliance Officer

Real Estate Transaction Manager

Property Valuation Specialist

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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