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Real Estate Buy And Sell Agreement

Real Estate Buy And Sell Agreement Template for Germany

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Key Requirements PROMPT example:

Real Estate Buy And Sell Agreement

"I need a Real Estate Buy And Sell Agreement under German law for a commercial property in Munich, with special provisions for existing tenants whose leases extend beyond March 2025 and specific clauses addressing the property's protected historic status."

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Document background
The Real Estate Buy and Sell Agreement is a fundamental document in German property transactions, required whenever real estate ownership is transferred between parties. This agreement must be executed in compliance with German law, particularly the German Civil Code (BGB), and requires mandatory notarization. It is used for various types of real estate transactions, including residential, commercial, and industrial properties. The document encompasses crucial elements such as precise property description, purchase price, payment terms, warranties, and specific German legal requirements like the Auflassung (formal conveyance agreement). It also addresses local requirements such as municipal rights of first refusal, energy certificates, and land registry regulations. The agreement serves as the basis for the property transfer in the German land registry (Grundbuch) and triggers various legal obligations including real estate transfer tax (Grunderwerbsteuer).
Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details (Grundbuch), plot numbers, exact address, and size

5. Purchase Price: Specification 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)

8. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and legal status

9. Possession and Transfer Date: Agreed date for transferring possession and associated conditions

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

11. Due Diligence Results: Confirmation of property inspection results and accepted condition

12. Encumbrances: Details of existing encumbrances and their handling

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

Optional Sections

1. Tenant Rights: Required if the property is currently leased, detailing existing tenancy agreements and their handling

2. Mortgage Arrangements: Required if there are existing mortgages to be discharged or new financing arrangements

3. Construction Obligations: Required if there are incomplete construction works or renovation obligations

4. Environmental Provisions: Required if there are known environmental issues or specific environmental warranties needed

5. Monument Protection: Required if the property is under monument protection (Denkmalschutz)

6. Rights of First Refusal: Required if there are municipal or other rights of first refusal to be addressed

7. Defects Liability: Optional expanded section on liability for known or unknown defects

8. Broker Provisions: Required if real estate agents are involved in the transaction

Suggested Schedules

1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Property Plans: Official cadastral plans and building plans

3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

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

5. Due Diligence Reports: Technical and legal due diligence findings

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

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

8. Maintenance Records: Documentation of major maintenance and repairs

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

Construction

Banking & Finance

Legal Services

Property Development

Property Management

Urban Development

Residential Property

Commercial Property

Industrial Property

Agriculture (for agricultural land)

Retail Property

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Compliance

Risk Management

Operations

Corporate Development

Facilities Management

Transaction Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Legal Counsel

Notary

Commercial Director

Investment Manager

Real Estate Investment Manager

Property Surveyor

Facilities Manager

Asset Manager

Real Estate Portfolio Manager

Compliance Officer

Risk Manager

Corporate Lawyer

Transaction Manager

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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