Agreement For Purchase Of Flat With Builder Template for Germany

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Key Requirements PROMPT example:

Agreement For Purchase Of Flat With Builder

"I need an Agreement For Purchase Of Flat With Builder for a 3-bedroom apartment in Berlin, with construction completion scheduled for March 2025, including standard warranties and a payment schedule compliant with German regulations."

Document background

The Agreement For Purchase Of Flat With Builder (Bauträgervertrag) is a specialized contract used in German real estate transactions when purchasing a newly constructed or yet-to-be-constructed flat directly from a developer. This document is essential for property developments in Germany and must comply with strict regulatory requirements, including the German Civil Code (BGB), Property Developer Regulation (MaBV), and Apartment Ownership Act (WEG). It provides comprehensive protection for buyers by detailing construction specifications, payment schedules, quality standards, and warranty obligations. The agreement requires notarization and includes specific provisions for land registry registration, making it a fundamental document for new residential property transactions in Germany.

Suggested Sections

1. Parties: Identification of the Builder/Developer (Bauträger) and the Purchaser(s) with full legal names, addresses, and registration details for companies

2. Background: Context of the development project, property details, and basic transaction framework

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms

4. Object of Purchase: Detailed description of the property including exact location, size, and registration details from the Land Registry (Grundbuch)

5. Purchase Price: Total purchase price, payment schedule according to MaBV regulations, and payment conditions

6. Construction Specifications: Detailed description of the building specifications, materials, and quality standards

7. Completion and Handover: Timeline for completion, acceptance procedure, and handover conditions

8. Warranty Rights: Statutory warranty obligations and additional guarantees provided by the builder

9. Transfer of Ownership: Conditions and process for transferring property ownership, including land registry requirements

10. Rights and Obligations: Ongoing rights and obligations of both parties during construction and after completion

11. Default and Remedies: Consequences of breach by either party and available remedies

12. Miscellaneous Provisions: Standard legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Financing Provisions: Include when purchaser requires mortgage financing, detailing conditions and coordination with payment schedule

2. Special Equipment/Fixtures: Use when buyer requests specific customizations or upgrades to standard specifications

3. Parking Spaces: Include when separate parking spaces are part of the purchase

4. Property Management: Include for developments with shared facilities requiring ongoing management

5. Construction Changes: Include when allowing for potential modifications during construction phase

6. Energy Efficiency Standards: Include when specific energy efficiency requirements exceed standard regulations

7. Shared Property Rights: Include for apartments with common areas and facilities

Suggested Schedules

1. Floor Plans: Detailed architectural plans of the flat and building

2. Building Specifications: Comprehensive technical specifications of construction materials and methods

3. Payment Schedule: Detailed MaBV-compliant payment schedule linked to construction progress

4. Land Registry Extract: Current extract from the Grundbuch showing property details and encumbrances

5. Building Permit: Copy of the approved building permit and related documentation

6. Energy Certificate: Energy efficiency certificate and calculations

7. House Rules: Property usage rules and regulations for common areas

8. Maintenance Schedule: Planned maintenance requirements and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Agreement
Property
Building
Flat
Common Areas (Gemeinschaftseigentum)
Exclusive Use Areas (Sondereigentum)
Builder/Developer (Bauträger)
Purchaser
Purchase Price
Completion Date
Handover Date
Construction Specifications
Building Permit (Baugenehmigung)
Land Registry (Grundbuch)
Payment Schedule
Construction Phase
Acceptance Certificate (Abnahmeprotokoll)
Defects (Mängel)
Warranty Period (Gewährleistungsfrist)
Development Plan (Bebauungsplan)
Floor Area (Wohnfläche)
Notarial Deed (Notarielle Urkunde)
Property Management Agreement (Verwaltungsvertrag)
Energy Certificate (Energieausweis)
Declaration of Division (Teilungserklärung)
Building Description (Baubeschreibung)
Substantial Completion
Force Majeure
Business Day
Construction Standards
Maintenance Costs (Betriebskosten)
Reserved Rights
Permitted Use
Quality Standards
Technical Specifications
Payment Milestones
Security Interest (Sicherungsrechte)
Transfer of Title (Eigentumsübergang)
Building Insurance
Registration Priority Notice (Auflassungsvormerkung)

Clauses

Relevant Industries

Real Estate Development

Construction

Residential Property

Property Development

Banking & Finance

Legal Services

Architecture & Design

Property Management

Relevant Teams

Legal

Real Estate

Construction

Property Development

Sales

Compliance

Finance

Project Management

Property Management

Quality Assurance

Relevant Roles

Real Estate Developer

Property Development Manager

Construction Manager

Legal Counsel

Real Estate Attorney

Project Manager

Sales Director

Compliance Officer

Property Manager

Financial Controller

Architect

Building Inspector

Real Estate Agent

Contract Manager

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