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Property For Sale By Owner Contract Template for Germany

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Key Requirements PROMPT example:

Property For Sale By Owner Contract

"I need a Property For Sale By Owner Contract under German law for selling my residential apartment in Berlin, including provisions for existing tenants who have a lease until March 2025, and I want to ensure all energy efficiency certification requirements are properly addressed."

Document background
The Property For Sale By Owner Contract is utilized in Germany when property owners wish to sell their real estate directly to buyers without intermediary real estate agents. This approach, while potentially cost-saving, requires careful attention to legal requirements and documentation. The contract must comply with strict German property law requirements, including mandatory notarization under the German Civil Code (BGB) and registration with the Land Registry Office (Grundbuchamt). It includes comprehensive details about the property, parties involved, purchase price, payment terms, property condition, warranties, and transfer procedures. This document is particularly relevant in the current German real estate market where direct sales are becoming increasingly common, especially in residential property transactions.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names, addresses, and tax identification numbers

2. Background: Brief context of the sale, including property ownership history and intention to transfer

3. Definitions: Key terms used throughout the contract including Property, Purchase Price, Closing Date, etc.

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

5. Purchase Price: The agreed purchase price, payment terms, and payment schedule

6. Payment Terms: Details of how and when payments will be made, including escrow arrangements if applicable

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

8. Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition

9. Due Diligence: Buyer's right to inspect and verify property condition and documentation

10. Closing Requirements: Conditions that must be met before completion, including notarization requirements

11. Transfer of Ownership: Process and requirements for legal transfer in the land register

12. Costs and Taxes: Allocation of transaction costs, transfer taxes, and ongoing obligations

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

14. Signatures: Space for parties' signatures and notary certification

Optional Sections

1. Financing Conditions: Include when buyer's purchase is dependent on obtaining mortgage financing

2. Tenant Rights: Include when property is currently rented and details of existing tenancy need to be addressed

3. Inventory: Include when sale includes furniture or specific fixtures

4. Construction Requirements: Include when property has ongoing construction or requires specific modifications

5. Environmental Provisions: Include when property has known environmental issues or special protections

6. Right of First Refusal: Include when there are existing rights of first refusal that need to be addressed

7. Special Use Provisions: Include when property has specific use restrictions or requirements

Suggested Schedules

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

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

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

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

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

6. Property Photographs: Documentary photographs of property condition at time of sale

7. Inventory List: Detailed list of any included furniture or fixtures

8. Land Survey: Recent land survey and property boundaries documentation

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

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Insurance

Urban Development

Environmental Services

Public Administration

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Tax

Construction

Technical Services

Environmental

Administrative Services

Relevant Roles

Property Owner

Real Estate Lawyer

Notary Public

Legal Counsel

Property Manager

Facility Manager

Tax Advisor

Building Inspector

Mortgage Advisor

Compliance Officer

Real Estate Administrator

Property Developer

Urban Planning Officer

Construction Manager

Environmental Consultant

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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