Property Sale Contract Form Template for Germany

The Property Sale Contract Form is a crucial legal document used in German real estate transactions to formalize the transfer of property ownership. It serves as the primary agreement between parties in both residential and commercial property sales throughout Germany. This document must comply with strict German legal requirements, including mandatory notarization under the German Civil Code (BGB) and the German Notarization Act (Beurkundungsgesetz). The contract form includes essential elements such as property details, price, payment terms, warranties, and specific provisions required by German property law. It's designed to protect both buyers' and sellers' interests while ensuring the transaction meets all regulatory requirements, including land registry regulations and tax obligations.

1. Parties: Identification of seller and purchaser with full legal names, addresses, and marital status (relevant for German property law)

2. Background: Context of the sale and brief description of the property being transferred

3. Definitions: Key terms used throughout the agreement

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

5. Purchase Price: Specified purchase price, payment terms, and escrow arrangements

6. Payment Terms: Detailed payment schedule, method of payment, and conditions for release of funds

7. Transfer of Ownership: Terms of conveyance (Auflassung) and registration in the land register

8. Representations and Warranties: Seller's warranties about property condition, encumbrances, and legal status

9. Condition of Property: Current state of the property, known defects, and as-is provisions

10. Costs and Taxes: Distribution of transaction costs, real estate transfer tax, and registration fees

11. Possession and Risk Transfer: Date and conditions for transfer of possession and associated risks

12. Registration Authorizations: Authorizations for land registry entries and necessary filings

13. Notices: Communication procedures between parties

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