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Agreement For Resale Of Flat
"I need an Agreement for Resale of Flat for a two-bedroom apartment in Berlin, with completion planned for March 2025 and including standard payment terms with a 10% deposit."
1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale, including current ownership status and brief property history
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the flat, including exact location, size, land register details, and included fixtures and fittings
5. Purchase Price: Agreed purchase price and payment terms, including deposit arrangements
6. Payment Terms: Detailed payment schedule, method of payment, and escrow arrangements if applicable
7. Transfer of Ownership: Process and conditions for transferring property ownership, including land registry requirements
8. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and other material facts
9. Handover Conditions: Terms for physical handover of the property, including timing and condition requirements
10. Costs and Taxes: Allocation of transaction costs, including notary fees, land registry costs, and transfer taxes
11. Notarization: Acknowledgment of notarization requirement and related procedures
12. Governing Law: Confirmation of German law application and jurisdiction
1. Mortgage Arrangements: Details of existing mortgages and their discharge, used when property has existing encumbrances
2. Property Management: Arrangements regarding ongoing property management contracts, used for properties in managed buildings
3. Tenant Provisions: Details about existing tenancy agreements if the property is currently rented
4. Renovation Agreement: Specific arrangements for any agreed renovations before or after sale
5. Parking Rights: Details of parking space rights or transfers if applicable
6. Storage Units: Information about associated storage units if included in sale
7. Energy Certificate: Specific provisions regarding energy performance certificate if not readily available
8. Pre-emptive Rights: Handling of any existing pre-emptive rights, particularly relevant in apartment buildings
1. Property Plan: Floor plan and location details of the flat
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Inventory List: Detailed list of fixtures, fittings, and any furniture included in the sale
4. Building Management Agreement: Copy of current building management agreement and regulations
5. Energy Performance Certificate: Current energy performance certificate (Energieausweis)
6. Property Photographs: Documented condition of the property at time of agreement
7. Payment Schedule: Detailed breakdown of payment installments and timing
8. Declaration of Division: Copy of the declaration of division (Teilungserklärung) for the apartment building
Authors
Property
Completion Date
Purchase Price
Deposit
Handover Date
Land Register (Grundbuch)
Property Register Extract (Grundbuchauszug)
Notarial Deed
Declaration of Division (Teilungserklärung)
Common Property (Gemeinschaftseigentum)
Special Right of Use (Sondernutzungsrecht)
Building Management Agreement (Verwaltungsvertrag)
Management Company (Hausverwaltung)
Homeowners Association (Wohnungseigentümergemeinschaft)
Maintenance Reserve (Instandhaltungsrücklage)
Transfer of Ownership (Eigentumsübergang)
Energy Performance Certificate (Energieausweis)
Real Estate Transfer Tax (Grunderwerbsteuer)
Encumbrances (Belastungen)
Priority Notice (Auflassungsvormerkung)
Building Charges (Hausgeldzahlungen)
Fixtures and Fittings (Inventar)
Business Day
Completion Notice
Due Diligence Documents
Permitted Use
Existing Tenancies
Warranty Claims
Force Majeure
Payment Terms
Property Transfer
Title and Ownership
Representations and Warranties
Property Condition
Handover Provisions
Notarization Requirements
Registration Requirements
Tax Obligations
Cost Allocation
Due Diligence
Encumbrances
Property Management
Insurance
Default and Remedies
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Property Description
Building Regulations
Maintenance Obligations
Common Property Rights
Utilities and Services
Existing Tenancies
Environmental Compliance
Real Estate
Property Development
Legal Services
Banking & Finance
Property Management
Construction
Urban Development
Real Estate Investment
Residential Property
Legal
Real Estate
Property Management
Sales
Compliance
Administrative
Finance
Investment
Operations
Customer Relations
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary
Property Developer
Real Estate Investment Manager
Conveyancing Clerk
Real Estate Transaction Manager
Compliance Officer
Property Administrator
Sales Manager
Real Estate Portfolio Manager
Housing Director
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