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Sale Certificate Of Immovable Property Template for Germany

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Key Requirements PROMPT example:

Sale Certificate Of Immovable Property

"I need a Sale Certificate of Immovable Property for transferring my residential property in Munich to a private buyer, with completion scheduled for March 15, 2025, including specific provisions for the existing solar panel installation and charging station."

Document background
The Sale Certificate Of Immovable Property is a crucial document in German real estate transactions, required whenever ownership of real property is transferred between parties. This document must be executed before a German notary public and complies with strict requirements under German property law, including the Bürgerliches Gesetzbuch (BGB) and Grundbuchordnung (GBO). It is used for both residential and commercial property transfers and must include specific details about the property, parties, purchase price, and conditions of sale. The certificate forms the basis for registration in the German land register (Grundbuch) and typically includes or references supporting documentation such as energy certificates, land surveys, and building permits. Its preparation and execution require careful consideration of German property law, tax implications, and regulatory requirements.
Suggested Sections

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status where 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 certificate, including legal German terms and their meanings

4. Property Description: Detailed description of the property including land register details (Grundbuch), plot number (Flurstück), address, and size

5. Purchase Price: Specified purchase price, payment terms, and escrow arrangements

6. Land Register Status: Current entries in the land register, including encumbrances, easements, and mortgages

7. Transfer of Ownership: Terms and conditions for the transfer of ownership and possession (Eigentumsübergang und Besitzübergang)

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

9. Costs and Taxes: Distribution of transaction costs and tax obligations between parties

10. Registration Authorization: Authorization for land register changes and power of attorney provisions

11. Execution: Formal execution clause meeting notarization requirements

Optional Sections

1. Mortgage Arrangements: Required when existing mortgages need to be discharged or new mortgages are being registered

2. Rental Situations: Required when the property is subject to existing rental agreements

3. Building Permits: Required when there are ongoing or pending building permits or construction works

4. Pre-emptive Rights: Required when there are existing pre-emptive rights (Vorkaufsrechte) that need to be addressed

5. Special Use Rights: Required when there are special use rights or restrictions that need to be transferred

6. Development Obligations: Required when the property is subject to development obligations or restrictions

7. Contamination Provisions: Required when there are known or suspected contamination issues

Suggested Schedules

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

2. Cadastral Map: Official cadastral map and property boundaries (Flurkarte)

3. Energy Certificate: Energy performance certificate (Energieausweis) as required by law

4. Property Plans: Floor plans, building plans, and site plans

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

6. Due Diligence Reports: Technical and legal due diligence reports if applicable

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

8. Declaration of Charges: Detailed list of all charges and encumbrances affecting the property

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

Banking & Finance

Legal Services

Construction

Property Development

Public Sector

Insurance

Urban Planning

Environmental Services

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Finance

Tax

Property Management

Asset Management

Facilities Management

Risk Management

Corporate Services

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Property Developer

Commercial Director

Legal Counsel

Real Estate Investment Manager

Compliance Officer

Property Surveyor

Real Estate Portfolio Manager

Tax Advisor

Facilities Manager

Asset Manager

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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