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Real Estate Sales Contract

Real Estate Sales Contract Template for Germany

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Key Requirements PROMPT example:

Real Estate Sales Contract

"I need a Real Estate Sales Contract for the purchase of a commercial office building in Munich, Germany, with a phased completion schedule starting March 2025, including specific provisions for existing tenants and building renovation requirements."

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Document background
The Real Estate Sales Contract (Grundstückskaufvertrag) is a fundamental document used in German property transactions for transferring real estate ownership from seller to buyer. It is mandated by German law and must be executed before a notary public to be legally valid. This document is essential for any real estate transaction in Germany, whether involving private individuals or commercial entities. It contains crucial information about the property, parties, purchase price, payment terms, warranties, and conditions for ownership transfer. The contract must comply with strict German legal requirements, including provisions of the German Civil Code (BGB), land registry regulations, and property transfer laws. It serves as the basis for the property's registration in the land registry (Grundbuch) and triggers various legal and tax obligations, including real estate transfer tax (Grunderwerbsteuer).
Suggested Sections

1. Parties: Detailed identification of the seller(s) and buyer(s) including full names, addresses, and marital status if relevant

2. Background: Context of the sale and confirmation that the seller is the registered owner of the property

3. Definitions: Key terms used throughout the agreement

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

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

6. Transfer of Ownership: Conditions and process for transferring property ownership

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

8. Property Condition: Current condition of the property and any known defects

9. Costs and Taxes: Attribution of transaction costs, real estate transfer tax, and other fees

10. Registration Priority Notice: Agreement regarding the Vormerkung (priority notice) in the land register

11. Possession, Benefits and Burdens: Date of transfer of possession and associated rights and obligations

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

Optional Sections

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

2. Real Estate Agent: Details of broker involvement and commission arrangements, included when a broker is involved

3. Rental Agreements: Information about existing tenants and rental contracts, included for rented properties

4. Energy Certificate: Details of the energy performance certificate, required for residential properties

5. Building Permits: Information about building permits and restrictions, relevant for properties with ongoing or planned construction

6. Right of Withdrawal: Terms for consumer right of withdrawal, included when seller is a business and buyer is a consumer

7. Spousal Consent: Consent of spouse if property is matrimonial property, required when seller is married

8. VAT Election: VAT treatment election, included when seller is a business and property is commercial

Suggested Schedules

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

2. Property Plans: Official cadastral plans and property boundaries

3. Building Documentation: Floor plans, building permits, and technical documentation

4. Energy Performance Certificate: Copy of the current energy performance certificate

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

6. Due Diligence Documents: Technical surveys, soil reports, and other property assessments

7. Existing Contracts: Copies of relevant contracts (maintenance, rental, etc.)

8. Property Photographs: Current photographs documenting the property condition

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

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Real Estate Investment

Urban Development

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Finance

Risk Management

Operations

Development

Asset Management

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Property Manager

Legal Counsel

Notary

Real Estate Investment Manager

Property Acquisition Manager

Real Estate Transaction Manager

Corporate Lawyer

Real Estate Portfolio Manager

Property Valuation Specialist

Compliance Officer

Real Estate Finance Manager

Real Estate Director

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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