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Real Estate Sales Agreement Contract Template for Germany

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Key Requirements PROMPT example:

Real Estate Sales Agreement Contract

"I need a Real Estate Sales Agreement Contract for a commercial property purchase in Berlin, Germany, with completion scheduled for March 2025, including specific provisions for existing tenant agreements and environmental compliance requirements for the industrial unit."

Document background
The Real Estate Sales Agreement Contract is a fundamental document in German property transactions, required whenever real estate ownership is transferred between parties. This agreement must be notarized under German law and serves as the legal basis for recording the ownership transfer in the land register (Grundbuch). It includes essential information about the property, parties involved, purchase price, payment terms, warranties, and specific conditions of the sale. The document ensures compliance with German real estate regulations, including the German Civil Code (BGB), Land Registration Code, and Real Estate Tax Law. It's particularly crucial as German property law operates under the principle of legal certainty (Rechtssicherheit), requiring precise documentation and formal procedures for property transfers. The agreement typically triggers various legal obligations and serves as the basis for tax assessments, mortgage arrangements, and land registry entries.
Suggested Sections

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

2. Background: Context of the sale, brief description of the property, and intention of the parties to enter into the agreement

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

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

5. Purchase Price: Amount, payment terms, deposit requirements, and escrow arrangements

6. Conditions Precedent: Conditions that must be fulfilled before completion, including financing arrangements and necessary permits

7. Completion: Process and requirements for completion of the sale, including notarization requirements

8. Seller's Warranties: Warranties regarding property ownership, encumbrances, building permits, etc.

9. Buyer's Warranties: Warranties regarding financing capability and legal capacity to purchase

10. Transfer of Ownership: Process and requirements for transferring title in the land register

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

12. Notices: Communication procedures between parties

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

14. Entire Agreement: Integration clause confirming the agreement represents the entire understanding between parties

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 mortgages to be registered

3. Property Management: Required for multi-unit properties, detailing transition of management responsibilities

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

5. Construction Obligations: Required if the property is under construction or if renovations are part of the agreement

6. Agent Provisions: Required if real estate agents are involved, detailing commission arrangements

7. Pre-emption Rights: Required if there are existing pre-emption rights or if new ones are to be created

8. Parking and Usage Rights: Required for properties with shared facilities or special usage rights

Suggested Schedules

1. Property Plan: Official cadastral plan and property boundaries

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

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

4. Energy Performance Certificate: Mandatory energy efficiency documentation

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

6. Property Photos: Documented condition of the property at time of sale

7. Maintenance Records: History of maintenance and repairs

8. Area Calculation: Detailed measurements and floor plans

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 & Finance

Legal Services

Property Management

Urban Development

Housing

Commercial Property

Residential Property

Architecture & Planning

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Operations

Business Development

Investment

Corporate Affairs

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Real Estate Developer

Legal Counsel

Notary Public

Property Surveyor

Mortgage Advisor

Real Estate Investment Manager

Property Portfolio Manager

Real Estate Transaction Manager

Compliance Officer

Legal Administrator

Real Estate Broker

Property Acquisition 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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