Agreement For Sale Of Immovable Property Template for Germany

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Key Requirements PROMPT example:

Agreement For Sale Of Immovable Property

"I need an Agreement For Sale Of Immovable Property under German law for a commercial warehouse property in Munich, including specific provisions for existing tenant agreements and environmental compliance requirements, with completion scheduled for March 2025."

Document background
The Agreement For Sale Of Immovable Property is a crucial legal document used in German real estate transactions for both residential and commercial properties. It is essential for documenting the terms and conditions of property sales in compliance with German law, particularly the German Civil Code (BGB) and Land Registry Act (GBO). This agreement must be notarized to be legally valid and includes comprehensive details about the property, parties involved, purchase price, payment terms, and conditions for transfer of ownership. It's designed to protect both buyers' and sellers' interests while ensuring compliance with German property law requirements, including the land registry system (Grundbuch) and real estate transfer tax regulations. The document is particularly important as it forms the basis for the actual transfer of property ownership and serves as the foundation for all related transactions, including mortgage arrangements and tax calculations.
Suggested Sections

1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if companies

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement

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

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

6. Payment Terms: Schedule of payments, method of payment, and conditions for release of funds

7. Transfer of Ownership: Conditions and process for transferring title (Auflassung)

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

9. Possession and Risk: Date of handover, transfer of risk, and maintenance responsibilities

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees

11. Registration Priority Notice: Agreement regarding Auflassungsvormerkung (priority notice of conveyance)

12. Notarization: Acknowledgment of notarization requirement and execution process

Optional Sections

1. Mortgage Release: Required if existing mortgages need to be cleared

2. Tenant Provisions: Required if property is subject to existing tenancies

3. Building Permits: Required if property includes incomplete construction or pending permits

4. Environmental Provisions: Required if property has known environmental issues or contamination

5. Monument Protection: Required if property is listed as a protected historic building

6. Right of First Refusal: Required if municipality has statutory pre-emption rights

7. Agent Provisions: Required if real estate agents are involved in the transaction

8. VAT Election: Required if transaction is subject to VAT (usually commercial properties)

Suggested Schedules

1. Land Register Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Property Plans: Official cadastral plans and building plans

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

4. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

5. Building Documentation: Construction permits, certificates, and technical documentation

6. Measurement Certificate: Official measurement certificate showing property dimensions

7. Encumbrance Documentation: Details of any existing easements or encumbrances

8. Due Diligence Reports: Technical, legal, and environmental survey reports

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Hospitality

Retail

Industrial

Healthcare

Education

Agriculture

Public Sector

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Acquisitions

Due Diligence

Risk Management

Corporate Affairs

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Real Estate Developer

Investment Manager

Property Acquisitions Manager

Asset Manager

Real Estate Portfolio Manager

Corporate Lawyer

Notary

Real Estate Transaction Manager

Real Estate Investment Analyst

Property Valuation Specialist

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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