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Home Sale Contract

Home Sale Contract Template for Germany

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Key Requirements PROMPT example:

Home Sale Contract

"I need a Home Sale Contract for a listed historical building in Munich, with special provisions for preservation requirements and existing tenants who have protected long-term lease agreements."

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Document background
The Home Sale Contract under German law serves as the primary legal instrument for transferring residential property ownership. It is used whenever residential real estate is bought or sold in Germany, whether between private individuals or involving commercial entities. The document must be notarized according to German law and includes comprehensive details about the property, parties involved, purchase price, payment terms, and conditions for transfer of ownership. This contract type is specifically structured to comply with German property law requirements, including provisions of the German Civil Code (BGB), land registry regulations, and real estate transfer tax obligations. It provides legal security for both buyers and sellers while ensuring all necessary legal requirements for property transfer in Germany are met.
Suggested Sections

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

2. Background (Vorbemerkung): Context of the sale and brief property history

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

4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, exact location, size, and included fixtures

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

6. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership

7. Warranties and Representations (Gewährleistungen): Seller's warranties about the property's condition and any known defects

8. Handover (Übergabe): Terms and conditions for physical property handover

9. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations

10. Land Registry Requirements (Grundbucherklärungen): Necessary declarations for land registry purposes

Optional Sections

1. Existing Tenancies (Bestehende Mietverhältnisse): Include when the property has existing tenants, detailing their rights and current rental agreements

2. Mortgage and Encumbrances (Hypotheken und Belastungen): Include when there are existing mortgages or other encumbrances that need to be cleared

3. Construction Requirements (Bauliche Anforderungen): Include for properties under construction or requiring specific renovations

4. Environmental Matters (Umweltangelegenheiten): Include when there are specific environmental considerations or requirements

5. Pre-emption Rights (Vorkaufsrechte): Include when there are existing pre-emption rights that need to be addressed

6. Special Use Provisions (Sondernutzungsrechte): Include for properties with special use rights or restrictions

Suggested Schedules

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

2. Floor Plans (Grundrisse): Detailed floor plans and property measurements

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

4. Property Inventory (Inventarliste): List of included fixtures, fittings, and furniture if applicable

5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates

6. Property Photographs (Objektfotos): Current photographs documenting the property's condition

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
Purchase Price
Completion Date
Handover Date
Land Register (Grundbuch)
Land Registry Office (Grundbuchamt)
Notarial Deed (Notarielle Urkunde)
Encumbrances (Belastungen)
Real Estate Transfer Tax (Grunderwerbsteuer)
Seller's Bank Account
Priority Notice (Auflassungsvormerkung)
Transfer of Ownership (Auflassung)
Fixtures and Fittings (Zubehör)
Energy Performance Certificate (Energieausweis)
Building Permit (Baugenehmigung)
Pre-emption Rights (Vorkaufsrechte)
Notary Costs (Notarkosten)
Registration Fees (Eintragungsgebühren)
Existing Tenancies (Bestehende Mietverhältnisse)
Due Date (Fälligkeitstag)
Business Day
Material Defect (Sachmangel)
Legal Defect (Rechtsmangel)
Closing (Vollzug)
Security Interest (Sicherungsrecht)
Clauses
Party Identification
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Transfer of Title
Property Handover
Warranties and Representations
Condition of Property
Encumbrances
Land Registry Matters
Notarization Requirements
Tax Obligations
Costs and Expenses
Pre-emption Rights
Due Diligence
Existing Tenancies
Insurance
Default and Remedies
Force Majeure
Notices
Assignment
Severability
Governing Law
Entire Agreement
Energy Certificate Requirements
Environmental Matters
Building Regulations
Utilities and Services
Property Management
Relevant Industries

Real Estate

Banking and Financial Services

Legal Services

Construction and Development

Property Management

Insurance

Public Administration

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Business Development

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Developer

Real Estate Investment Manager

Property Surveyor

Mortgage Advisor

Real Estate Portfolio Manager

Property Transaction Manager

Legal Counsel

Compliance Officer

Real Estate Finance Manager

Industries
Bürgerliches Gesetzbuch (BGB) - Property Sale Provisions: Sections 433-479 BGB governing purchase contracts, specifically addressing real estate sales, transfer of ownership, and warranty obligations
Bürgerliches Gesetzbuch (BGB) - Property Rights: Sections 873-902 BGB covering property rights, land registration requirements, and transfer of real estate ownership
Beurkundungsgesetz (BeurkG): German Notarization Act requiring notarization of real estate purchase contracts and specifying formal requirements
Grundbuchordnung (GBO): Land Registry Act governing the registration of property ownership changes and encumbrances in the land register
Wohnungseigentumsgesetz (WEG): Condominium Act - relevant if the property is a condominium or part of a multi-unit building
Grunderwerbsteuergesetz (GrEStG): Real Estate Transfer Tax Act governing taxation aspects of property sales
Makler- und Bauträgerverordnung (MaBV): Broker and Developer Regulation - relevant if the sale involves new construction or real estate agents
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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