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Property Ownership Contract Template for Germany

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Key Requirements PROMPT example:

Property Ownership Contract

"I need a Property Ownership Contract under German law for the purchase of a historically protected commercial building in Munich, including specific provisions for monument protection compliance and existing commercial tenant rights, with completion planned for March 2025."

Document background
The Property Ownership Contract is a fundamental legal instrument in German real estate transactions, essential for any transfer of real property ownership. This contract type is mandated by German law and must be executed before a notary public, who ensures compliance with legal requirements and protects both parties' interests. The document encompasses crucial elements such as precise property identification, purchase price, payment terms, warranties, and conditions for transfer of ownership. It serves as the basis for the entry in the land register (Grundbuch), which legally effectuates the property transfer. The contract must address various aspects of German property law, including provisions from the Civil Code (BGB), Land Registration Act, and Real Estate Transfer Tax Act. It's particularly important that the Property Ownership Contract includes all required elements as it forms the basis for the actual transfer of ownership and cannot be easily amended after notarization.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background: Context of the transaction and brief description of the property being transferred

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details, exact measurements, and boundaries

5. Purchase Price: Agreed purchase price and payment terms including installment details if applicable

6. Transfer of Ownership: Terms and conditions for the transfer of property ownership and registration in the land register (Grundbuch)

7. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and legal status

8. Handover and Transfer of Risk: Conditions and timing for physical handover of the property and transfer of risk

9. Costs and Taxes: Allocation of transaction costs, including notary fees, land register fees, and real estate transfer tax

10. Due Diligence Results: Confirmation of property inspection and acceptance of condition

11. Notices: Communication procedures between parties

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

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. Mortgage and Encumbrances: Details of existing mortgages and process for clearing encumbrances, used when property has existing charges

2. Tenant Rights: Details of existing tenancies and their treatment, included when property is currently leased

3. Environmental Provisions: Special provisions regarding environmental conditions or contamination, included for industrial properties or known environmental issues

4. Development Rights: Details of building permits or development potential, included for undeveloped land or properties with development potential

5. Special Use Provisions: Restrictions or requirements for property use, included when there are specific use limitations

6. Monument Protection: Special provisions for historically protected buildings, included for listed buildings

7. Energy Certificate: Details of energy efficiency rating and certificates, required for buildings with heating systems

Suggested Schedules

1. Property Plan: Official cadastral plan showing property boundaries and measurements

2. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances

3. Building Plans: Architectural plans and building specifications

4. Inventory List: List of fixtures and fittings included in the sale

5. Energy Certificate: Current energy efficiency certificate

6. Due Diligence Reports: Technical, legal, and environmental survey reports

7. Property Photos: Current photographs documenting property condition

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

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Urban Planning

Architecture

Environmental Services

Historic Preservation

Residential Property

Commercial Property

Industrial Property

Agricultural Property

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Facilities Management

Investment

Compliance

Risk Management

Finance

Operations

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Property Developer

Investment Manager

Asset Manager

Facilities Manager

Real Estate Investment Director

Property Acquisition Manager

Real Estate Portfolio Manager

Compliance Officer

Risk Manager

Due Diligence 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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