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Apartment Sale Deed

Apartment Sale Deed Template for Germany

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Key Requirements PROMPT example:

Apartment Sale Deed

"I need an Apartment Sale Deed for a currently tenanted 2-bedroom apartment in Berlin, with completion scheduled for March 2025, including provisions for the existing tenant's rights and a clause allowing early termination of the current lease agreement."

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Document background
The Apartment Sale Deed (Kaufvertrag für eine Eigentumswohnung) is a fundamental legal document used in German real estate transactions for transferring apartment ownership. It must be executed before a German notary and comply with strict formal requirements under German law, including the BGB and WEG. This document is essential for any apartment purchase in Germany, whether for residential or investment purposes, and forms the basis for the entry in the land register (Grundbuch). The deed includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and specific provisions regarding common property rights and obligations. It serves as the primary evidence of the transaction and protects both parties' interests while ensuring legal compliance with German property transfer requirements.
Suggested Sections

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

2. Background: Context of the sale, including brief description of the property and confirmation of seller's ownership

3. Definitions: Definitions of key terms used throughout the deed

4. Property Description: Detailed description of the apartment, including land register details, exact location, size, and associated rights

5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Terms and conditions for the transfer of ownership (Auflassung) and registration in the land register

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

8. Handover and Transfer of Risk: Conditions and timing for physical handover of the property and transfer of associated risks

9. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

10. Rights and Obligations: Ongoing rights and obligations related to the property and common areas

11. Notarization and Registration: Provisions regarding notarial requirements and land register registration

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

Optional Sections

1. Mortgage and Financing: Required if there are existing mortgages to be discharged or new financing arrangements

2. Renovation Agreement: Used when specific renovation works are agreed as part of the sale

3. Rental Situation: Required if the property is currently rented or has existing tenancy agreements

4. Special Use Rights: Included when there are specific rights (e.g., parking, garden use) to be transferred

5. Energy Performance: Required for properties requiring energy performance certificates under EnEV

6. Pre-emption Rights: Needed if there are any pre-emption rights to be addressed

7. Defects and Remediation: Required when known defects exist and remediation is part of the agreement

Suggested Schedules

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

2. Floor Plans: Official floor plans and measurements of the apartment

3. Property Documentation: Technical documentation, including building permits and modifications

4. Declaration of Division: Teilungserklärung showing division of property and common areas

5. Energy Certificate: Current energy performance certificate (Energieausweis)

6. Inventory List: List of fixtures, fittings, and items included in the sale

7. Community Regulations: Current house rules and community regulations

8. Maintenance Records: Documentation of recent maintenance and repairs

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Apartment
Common Property
Special Use Rights
Purchase Price
Completion Date
Transfer Date
Handover Date
Land Register
Declaration of Division
Exclusive Use Areas
Encumbrances
Building Rules
Maintenance Reserve
Owner's Association
Management Agreement
Notarial Deed
Transfer of Ownership
Due Date
Business Day
Warranty Claims
Material Defects
Legal Defects
Operating Costs
Utility Contracts
Energy Certificate
Priority Notice
Escrow Account
Land Charge
Common Expenses
Unit Share Value
Building Management
Clauses
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Ownership
Property Handover
Representations and Warranties
Defects and Liability
Encumbrances
Common Property Rights
Special Use Rights
Pre-emptive Rights
Cost Allocation
Tax Obligations
Insurance
Risk Transfer
Utilities and Contracts
Community Obligations
Energy Performance
Registration Requirements
Powers of Attorney
Notices
Severability
Governing Law
Building Management
Maintenance Obligations
Assignment
Force Majeure
Dispute Resolution
Entire Agreement
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Insurance

Construction

Property Management

Public Administration

Professional Services

Urban Development

Residential Housing

Relevant Teams

Legal

Real Estate

Compliance

Finance

Property Management

Risk Management

Investment

Business Development

Operations

Due Diligence

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Property Developer

Mortgage Advisor

Real Estate Investment Manager

Compliance Officer

Property Surveyor

Tax Advisor

Real Estate Portfolio Manager

Title Insurance Specialist

Real Estate Transaction Coordinator

Industries
Bürgerliches Gesetzbuch (BGB) §§ 433-480: German Civil Code sections on purchase contracts, covering basic contractual obligations, rights, and duties of buyers and sellers
BGB §§ 873, 925: Provisions regarding the transfer of real property ownership (Auflassung) and registration requirements
Grundbuchordnung (GBO): German Land Registry Act governing the registration of property ownership and encumbrances in the land register
Beurkundungsgesetz (BeurkG): German Notarization Act requiring notarization of real estate purchase contracts
Wohnungseigentumsgesetz (WEG): Condominium Act governing apartment ownership, common property, and related rights and obligations
Grunderwerbsteuergesetz (GrEStG): Real Estate Transfer Tax Act concerning taxation of property purchases
Makler- und Bauträgerverordnung (MaBV): Regulation on real estate agents and property developers, relevant if intermediaries are involved
Energieeinsparverordnung (EnEV): Energy Saving Ordinance requiring energy performance certificates for property sales
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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