Land Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Land Transfer Agreement

"I need a Land Transfer Agreement under German law for a commercial office building in Munich, including provisions for existing tenancy agreements and service contracts, with completion planned for March 2025."

Document background
The Land Transfer Agreement is a fundamental legal instrument in German property law, used whenever real estate ownership needs to be transferred between parties. This document is essential for both private and commercial property transactions in Germany and must be executed before a notary public to be legally valid. The agreement contains comprehensive details about the property, including its exact description from the land register, purchase price, payment terms, warranties, and conditions for transfer. It ensures compliance with German property law requirements, including the German Civil Code (BGB) and Land Register Code (GBO). The document is particularly crucial as it forms the basis for the actual transfer of ownership in the land register (Grundbuch) and triggers various legal obligations, including real estate transfer tax. It must address all relevant aspects of the property transfer, including existing encumbrances, warranties, and specific conditions that might affect the transfer.
Suggested Sections

1. Parties: Detailed identification of the seller and buyer, including full names, addresses, and registration details if companies are involved

2. Background: Context of the transfer and brief description of the transaction

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed description of the property including land register details (Grundbuch), plot numbers, and exact location

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

6. Transfer of Ownership: Terms and conditions for the transfer of title, including Auflassung (conveyance) declaration

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

8. Possession and Risk: Terms for transfer of possession, risk, and benefits/burdens of the property

9. Land Register Arrangements: Provisions regarding registration in the land register, including pre-notation of conveyance (Auflassungsvormerkung)

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

11. Due Diligence Results: Confirmation of property inspection and acceptance of condition

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

Optional Sections

1. Existing Tenancies: Details of any existing rental agreements and their handling post-transfer

2. Mortgage Arrangements: Provisions for handling existing mortgages or creating new ones

3. Environmental Provisions: Specific provisions regarding environmental conditions or contamination

4. Development Obligations: Any obligations regarding future development or use restrictions

5. Pre-emption Rights: Handling of any existing pre-emption rights (Vorkaufsrechte)

6. Easements and Rights of Way: Details of existing easements or rights that affect the property

7. Construction Warranties: Transfer of construction warranties for newer properties

8. Inventory: List of included fixtures, fittings, or furniture if applicable

Suggested Schedules

1. Property Extract: Current land register extract (Grundbuchauszug)

2. Property Plans: Cadastral plans and property boundaries

3. Property Photographs: Current photographs documenting the property's condition

4. Energy Certificate: Energy performance certificate (Energieausweis)

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

6. Technical Reports: Any technical or structural surveys conducted

7. Encumbrance Documentation: Details of any registered encumbrances or restrictions

8. Payment Schedule: Detailed schedule of payment terms and conditions

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 and Finance

Legal Services

Property Development

Agriculture

Industrial

Commercial Property

Residential Property

Urban Development

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Corporate Development

Facilities

Asset Management

Investment

Finance

Operations

Acquisitions

Due Diligence

Compliance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary

Land Registry Officer

Property Developer

Investment Manager

Real Estate Investment Analyst

Corporate Lawyer

Facilities Manager

Asset Manager

Real Estate Portfolio Manager

Acquisition Manager

Property Surveyor

Commercial Director

Real Estate Finance Manager

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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