Owner Financed Sales Contract Template for Germany

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Key Requirements PROMPT example:

Owner Financed Sales Contract

"I need an Owner Financed Sales Contract for the sale of my manufacturing facility in Munich for €2.5 million, with a 20% down payment and the remaining balance to be paid over 10 years, including provisions for early repayment without penalties."

Document background
The Owner Financed Sales Contract is primarily used in situations where traditional bank financing is either unavailable or undesirable, providing an alternative financing method in the German market. This document type is particularly relevant for real estate transactions, business asset sales, and other significant property transfers where the seller is willing to accept periodic payments instead of a full upfront payment. The contract must comply with German Civil Code (BGB) requirements and includes detailed provisions for both the sale and financing aspects, including purchase price, payment schedule, interest rates, security arrangements, and default remedies. It's especially useful for sellers looking to generate regular income through interest payments while helping buyers who might not qualify for traditional bank financing or prefer direct seller financing terms.
Suggested Sections

1. Parties: Identification and details of the seller (owner-financier) and buyer

2. Background: Context of the sale and financing arrangement

3. Definitions: Key terms used throughout the agreement

4. Subject Matter of Sale: Detailed description of the property or goods being sold

5. Purchase Price: Total purchase price and breakdown of components

6. Financing Terms: Detailed terms of owner financing including interest rate, payment schedule, and loan duration

7. Payment Structure: Down payment, installment amounts, and payment methods

8. Security Arrangements: Liens, mortgages, or other security interests securing the financing

9. Transfer of Ownership: Terms and timing of ownership transfer

10. Representations and Warranties: Statements of fact and guarantees by both parties

11. Default and Remedies: Consequences and procedures in case of payment default or other breaches

12. Insurance and Maintenance: Requirements for property insurance and maintenance during the financing period

13. Taxes and Costs: Allocation of taxes, fees, and other transaction costs

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Property Inspection: Detailed terms regarding property inspection and acceptance, used for real estate or significant personal property

2. Early Repayment Terms: Provisions for early loan repayment and any associated penalties or benefits

3. Third-Party Rights: Provisions regarding existing tenants or other third-party rights, relevant for real estate

4. Escrow Arrangements: Terms for escrow services if used for payment management

5. Construction/Renovation: Terms for any agreed construction or renovation work, relevant for property development

6. Special Use Conditions: Specific conditions or restrictions on property use during the financing period

7. Death/Incapacity Provisions: Special provisions in case of death or incapacity of either party

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property or goods

2. Payment Schedule: Detailed amortization table showing all payments, interest, and principal

3. Condition Report: Current condition of the property including photographs and inspection results

4. Title Documentation: Copies of relevant title documents and registration details

5. Insurance Certificates: Required insurance documentation

6. Property Plans: Technical drawings, floor plans, or property boundaries where relevant

7. Existing Encumbrances: List of any existing liens, mortgages, or other encumbrances

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

Manufacturing

Retail

Agriculture

Commercial Property

Industrial Equipment

Small Business

Automotive

Property Development

Relevant Teams

Legal

Finance

Real Estate

Commercial

Risk Management

Compliance

Business Development

Property Management

Sales

Treasury

Relevant Roles

Legal Counsel

Real Estate Manager

Business Development Director

Finance Director

Property Development Manager

Contract Administrator

Risk Manager

Commercial Director

Asset Manager

Business Owner

Sales Director

Chief Financial Officer

Investment Manager

Compliance Officer

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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