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Option Sales Contract Template for Germany

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Key Requirements PROMPT example:

Option Sales Contract

"I need a German law Option Sales Contract for a commercial property in Berlin, giving the option holder the right to purchase the property at €2.5 million until March 15, 2025, with standard due diligence provisions."

Document background
The Option Sales Contract is a crucial instrument in German commercial transactions, providing flexibility and security in various business contexts. This document type is particularly valuable when parties need to secure future purchase or sale rights while maintaining transaction flexibility. The contract must comply with German Civil Code (BGB) requirements and typically includes detailed provisions on option exercise procedures, pricing mechanisms, and transfer obligations. It's commonly used in real estate transactions, corporate acquisitions, and asset purchases where parties need time to arrange financing or conduct due diligence. The Option Sales Contract creates a binding framework while allowing the option holder to defer the final decision to purchase or sell, making it an essential tool for strategic business planning and risk management under German law.
Suggested Sections

1. Parties: Identification and details of the option grantor and option holder

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Option Grant: Clear statement of the option being granted and whether it's a put or call option

5. Option Period: Duration of the option and when it can be exercised

6. Exercise Price: The price at which the option can be exercised

7. Exercise Procedure: Process and formalities for exercising the option

8. Object of Sale: Detailed description of the asset or items to be sold upon exercise

9. Representations and Warranties: Statements of fact and guarantees by both parties

10. Transfer of Title and Risk: Provisions governing when and how ownership and risk transfer

11. Payment Terms: Terms and conditions for payment upon exercise

12. Notices: How formal communications between parties should be made

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

14. Severability: Standard clause ensuring remainder of contract survives if parts are invalid

Optional Sections

1. Due Diligence Rights: Rights to investigate the sale object, used when the option relates to complex assets or businesses

2. Conditions Precedent: Conditions that must be met before option exercise, included when regulatory or third-party approvals are needed

3. Security Provisions: Used when collateral or security is required to secure the option

4. Non-Competition: Restrictions on competing activities, relevant for business sale options

5. Confidentiality: Provisions for protecting sensitive information, used when confidential information is involved

6. Tax Provisions: Specific tax-related provisions, included when tax implications are significant

7. Force Majeure: Provisions for unforeseen circumstances, relevant for long-term options

8. Assignment Rights: Rights to transfer the option, included when transferability is desired

Suggested Schedules

1. Asset Description Schedule: Detailed technical or legal description of the sale object

2. Price Calculation Schedule: Formula or mechanism for calculating the exercise price if not fixed

3. Form of Exercise Notice: Template for the formal notice to exercise the option

4. Due Diligence Checklist: List of documents and information to be provided for due diligence

5. Required Consents: List of third-party or regulatory consents needed

6. Encumbrances Schedule: List of any existing encumbrances on the sale object

7. Warranty Schedule: Detailed warranties relating to the sale object

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






























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Relevant Industries

Real Estate

Manufacturing

Technology

Financial Services

Energy

Retail

Agriculture

Mining

Transportation

Construction

Professional Services

Healthcare

Telecommunications

Relevant Teams

Legal

Finance

Commercial

Business Development

Risk Management

Compliance

Real Estate

Investment

Corporate Development

Operations

Strategy

Relevant Roles

Legal Counsel

Corporate Lawyer

Contract Manager

Business Development Manager

Chief Financial Officer

Commercial Director

Real Estate Manager

Investment Manager

Risk Manager

Compliance Officer

Property Manager

Asset Manager

Business Owner

Managing Director

Corporate Secretary

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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