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Deed Of Sale

Deed Of Sale Template for Germany

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Key Requirements PROMPT example:

Deed Of Sale

"I need a Deed of Sale for the purchase of a commercial warehouse property in Munich, with specific provisions for existing tenant agreements and environmental compliance requirements, planned for completion in March 2025."

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Document background
The Deed of Sale (Kaufvertrag) is a fundamental legal instrument in German property transactions, essential for transferring ownership of real estate from one party to another. It is used whenever real property (immovable property) is bought or sold in Germany, whether for residential, commercial, or industrial purposes. The document must be notarized according to German law and contains comprehensive details about the property, parties involved, purchase price, payment terms, and conditions for transfer. It serves as the basis for registration in the German Land Registry (Grundbuchamt) and triggers various legal obligations, including property transfer tax. The deed must comply with specific requirements under the German Civil Code (BGB) and related property laws, making it a crucial document for ensuring legal certainty in property transactions.
Suggested Sections

1. Parties (Parteien): Identification and details of the seller and buyer, including full legal names, addresses, and registration details if companies

2. Background (Vorbemerkung): Context of the sale and confirmation of ownership

3. Definitions (Definitionen): Key terms used throughout the deed

4. Property Description (Grundstücksbeschreibung): Detailed description of the property including land registry details, exact measurements, and boundaries

5. Purchase Price (Kaufpreis): Agreed purchase price, payment terms, and payment schedule

6. Transfer of Ownership (Eigentumsübertragung): Terms and conditions for the transfer of property ownership

7. Warranties (Gewährleistungen): Seller's warranties regarding the property's condition and any encumbrances

8. Possession and Risk (Besitz- und Gefahrübergang): Terms for handover of property and transfer of risk

9. Costs and Taxes (Kosten und Steuern): Allocation of transaction costs, taxes, and fees

10. Registration Authorizations (Eintragungsbewilligungen): Authorizations for land registry entries

Optional Sections

1. Existing Encumbrances (Bestehende Belastungen): Used when the property has existing mortgages or other encumbrances that need to be addressed

2. Tenant Provisions (Mietverhältnisse): Required when the property is subject to existing tenancy agreements

3. Building Permits (Baugenehmigungen): Necessary when dealing with properties under construction or requiring renovation

4. Environmental Provisions (Umweltklauseln): Required when there are environmental considerations or contamination issues

5. Pre-emption Rights (Vorkaufsrechte): Included when there are statutory or contractual pre-emption rights

6. Special Use Rights (Sondernutzungsrechte): Relevant for properties with special use arrangements or easements

Suggested Schedules

1. Land Registry Extract (Grundbuchauszug): Current extract from the land registry showing ownership and encumbrances

2. Property Plans (Grundstückspläne): Official plans and drawings of the property

3. Inventory List (Inventarliste): List of items included in the sale if applicable

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

5. Building Documentation (Baubeschreibung): Technical documentation of the building's construction and specifications

6. Property Photos (Objektfotos): Recent photographs documenting the current state of the property

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 (Grundstück)
Purchase Price (Kaufpreis)
Completion Date (Vollzugstag)
Transfer Date (Übergabetag)
Land Registry (Grundbuchamt)
Land Register (Grundbuch)
Encumbrances (Belastungen)
Notarial Deed (Notarielle Urkunde)
Purchase Price Due Date (Kaufpreisfälligkeit)
Building (Gebäude)
Fixtures and Fittings (Zubehör)
Prior Encumbrances (Vorrangige Belastungen)
Priority Notice (Auflassungsvormerkung)
Transfer of Title (Auflassung)
Completion Notice (Vollzugsmitteilung)
Registration Requirements (Eintragungsvoraussetzungen)
Existing Leases (Bestehende Mietverhältnisse)
Due Date (Fälligkeitstermin)
Working Day (Werktag)
Material Defects (Sachmängel)
Legal Defects (Rechtsmängel)
Permitted Encumbrances (Zulässige Belastungen)
Transaction Costs (Transaktionskosten)
Transfer Tax (Grunderwerbsteuer)
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Transfer of Possession
Warranties and Representations
Encumbrances
Pre-emption Rights
Registration Authorization
Tax Obligations
Cost Allocation
Property Condition
Environmental Matters
Existing Leases
Insurance
Default Provisions
Force Majeure
Severability
Land Registry Requirements
Notice Requirements
Due Diligence
Property Usage Rights
Building Permits
Utilities and Connections
Defects Liability
Risk Transfer
Remediation Obligations
Registration Consent
Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Property Development

Agriculture (for land sales)

Commercial Property

Residential Property

Industrial Property

Retail Property

Relevant Teams

Legal

Real Estate

Property Management

Corporate Affairs

Facilities Management

Asset Management

Finance

Compliance

Risk Management

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Corporate Counsel

Legal Director

Notary

Land Registry Officer

Real Estate Development Manager

Property Investment Manager

Facilities Manager

Real Estate Transaction Manager

Asset Manager

Commercial Director

Chief Legal Officer

Property Portfolio Manager

Industries
Bürgerliches Gesetzbuch (BGB) §§ 433-453: German Civil Code sections governing sales contracts, including basic obligations of buyers and sellers, warranty provisions, and risk transfer
BGB §§ 311-311c: Provisions regarding contract formation, pre-contractual obligations, and form requirements
Grundbuchordnung (GBO): German Land Registry Act - Covers requirements for property registration and transfer in the land registry
Beurkundungsgesetz (BeurkG): German Notarization Act - Specifies requirements for notarial authentication of property sales
Grunderwerbsteuergesetz (GrEStG): German Real Estate Transfer Tax Act - Governs taxation aspects of property sales
BGB §§ 312-312k: Consumer protection provisions applicable if one party is a consumer
Wohnungseigentumsgesetz (WEG): Apartment Ownership Act - Relevant if the sale involves apartment property or condominiums
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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