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Sale Deed Of Flat

Sale Deed Of Flat Template for Germany

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Key Requirements PROMPT example:

Sale Deed Of Flat

"I need a Sale Deed of Flat for a newly constructed 2-bedroom apartment in Berlin, where the buyer requires mortgage financing and the handover is scheduled for March 2025, with special provisions for the developer's warranty period."

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Document background
The Sale Deed of Flat (Kaufvertrag für eine Eigentumswohnung) is a crucial document in German real estate transactions, required whenever an apartment or flat is being sold. This document must be prepared and executed in accordance with strict German legal requirements, including mandatory notarization. It contains essential information about the property, parties involved, purchase price, payment terms, warranties, and conditions for ownership transfer. The deed must comply with various German laws including the Civil Code (BGB), Apartment Ownership Act (WEG), and Land Registry Code (GBO). It serves as the foundation for registering the property transfer in the land register (Grundbuch) and triggers various legal obligations including property transfer tax. The document is particularly important as it provides legal security for both parties and is required for the official registration of the property transfer.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and marital status if relevant

2. Background: Brief context of the transaction and confirmation that the seller is the rightful owner

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

4. Property Description: Detailed description of the flat including land register details, exact location, size, and included fixtures

5. Common Property Rights: Description of rights and obligations regarding common areas under WEG

6. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements

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

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

9. Handover Conditions: Terms for physical handover of the property and transfer of possession

10. Costs and Taxes: Distribution of transaction costs, including transfer tax, notary fees, and registration costs

11. Registration Authorizations: Authorizations for land registry entries and amendments

12. Notices: Process for serving notices between parties

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

Optional Sections

1. Mortgage Arrangements: Include when buyer is financing the purchase with a mortgage

2. Existing Tenancies: Include when the property is currently rented and details of tenant rights need to be addressed

3. Renovation Agreements: Include when specific renovation works are agreed to be completed before or after the sale

4. Special Right of Withdrawal: Include when the property is bought off-plan or from a developer

5. Property Management: Include when there are specific arrangements regarding property management company changes

6. Defects Liability: Include when special arrangements regarding known defects are made

7. Parking/Storage Units: Include when separate parking spaces or storage units are part of the sale

Suggested Schedules

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

2. Floor Plans: Official floor plans showing the exact dimensions and layout of the flat

3. Energy Performance Certificate: Mandatory energy efficiency certificate (Energieausweis)

4. Property Management Agreements: Current property management contracts and service charges

5. Declaration of Division: Copy of the declaration of division (Teilungserklärung) for the apartment building

6. Building Inspection Report: Recent building inspection report if available

7. Inventory List: List of included fixtures, fittings, and appliances

8. Property Photographs: Recent photographs documenting the current condition of the property

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






























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Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Management

Construction and Development

Insurance

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Sales

Documentation

Risk Management

Administrative Support

Customer Relations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Property Developer

Mortgage Advisor

Real Estate Transaction Manager

Compliance Officer

Property Surveyor

Real Estate Investment Manager

Title Insurance Specialist

Tax Advisor

Property Administrator

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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