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Purchase Agreement For Sale By Owner Template for Germany

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Key Requirements PROMPT example:

Purchase Agreement For Sale By Owner

"I need a Purchase Agreement For Sale By Owner for a residential property in Berlin, where I'm selling my three-bedroom apartment directly to a buyer who requires the property to be vacant by March 2025, and I need to include special provisions for the existing solar panel installation."

Document background
The Purchase Agreement For Sale By Owner is essential for private property transactions in Germany where the seller chooses to sell directly without a real estate agent's involvement. This document type is governed by German law, particularly the German Civil Code (BGB), and must be notarized to be legally valid. It's used when property owners want to maintain direct control over the sale process while potentially reducing transaction costs. The agreement covers all crucial aspects of the property transfer, including detailed property description, purchase price, payment terms, warranties, and specific German legal requirements such as land registry regulations and real estate transfer tax considerations. It's particularly important that this document type includes all mandatory disclosures and complies with German consumer protection laws, as direct sales without professional representation require extra attention to legal compliance and documentation.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and marital status (relevant under German property law)

2. Background: Context of the sale and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed description of the property including land registry details (Grundbuch), parcel numbers (Flurstück), and exact measurements

5. Purchase Price: Statement of the purchase price, payment terms, and escrow arrangements

6. Payment Terms: Detailed payment schedule, method of payment, and conditions for release of funds

7. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung) and registration in the land registry

8. Warranties and Representations: Seller's warranties regarding property condition, encumbrances, and disclosed defects

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

10. Encumbrances: Existing mortgages, easements, and other registered encumbrances

11. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees

12. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks

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

Optional Sections

1. Mortgage Arrangements: Details of existing mortgage payoff or new financing when applicable

2. Tenant Provisions: Required when the property is sold with existing tenants, addressing lease agreements

3. Construction Requirements: Needed when the property requires specific construction or renovation work before transfer

4. Environmental Provisions: Required for properties with known environmental issues or contamination

5. Homeowners Association: Necessary when property is part of a WEG (condominium association)

6. Special Use Provisions: Required for properties with specific use restrictions or requirements

7. Monument Protection: Required for properties under Denkmalschutz (historical monument protection)

8. Rights of First Refusal: Needed when there are existing legal or contractual pre-emption rights

Suggested Schedules

1. Land Registry Extract: Current Grundbuchauszug showing ownership and encumbrances

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

3. Energy Certificate: Energieausweis as required by German law

4. Property Tax Assessment: Current Grundsteuer assessment and payment status

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

6. Inventory List: List of included fixtures and fittings

7. Property Photographs: Documentation of property condition at time of sale

8. Technical Due Diligence: Reports on building condition, if commissioned

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

Banking and Finance

Legal Services

Construction

Insurance

Property Development

Urban Planning

Public Administration

Environmental Services

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Finance

Risk Management

Compliance

Operations

Administrative Services

Technical Services

Customer Relations

Relevant Roles

Property Owner

Private Seller

Private Buyer

Notary

Legal Counsel

Bank Manager

Mortgage Advisor

Property Surveyor

Tax Advisor

Building Inspector

Insurance Advisor

Property Assessor

Environmental Consultant

Urban Planning Officer

Land Registry Officer

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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