Property Sell Agreement Template for Germany

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Key Requirements PROMPT example:

Property Sell Agreement

"I need a Property Sale Agreement for the purchase of a commercial warehouse in Berlin, Germany, by my logistics company from ABC Industrial GmbH, with completion scheduled for March 2025; the agreement must include specific provisions for existing tenant rights and environmental compliance."

Document background
The Property Sale Agreement (Kaufvertrag) is a fundamental legal document used in German real estate transactions to formalize the transfer of property ownership. This document is essential whenever real estate is bought or sold in Germany, whether between private individuals, companies, or a combination thereof. It must be executed before a German notary and requires registration in the land registry (Grundbuch) to effect the transfer of ownership. The agreement encompasses crucial elements such as precise property description, purchase price, payment terms, warranties, and specific German legal requirements. It serves as the primary instrument for protecting both parties' interests while ensuring compliance with German property law, tax regulations, and real estate transfer requirements.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and registration details if companies are involved

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

3. Definitions: Key terms used throughout the agreement

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

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

6. Transfer of Ownership: Terms for transferring property title (Auflassung) and registration in the land registry

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

8. Encumbrances and Rights: Existing mortgages, easements, and other registered rights affecting the property

9. Handover and Possession: Terms for physical transfer of the property and key handover

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

11. Notices: Communication procedures between parties

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

Optional Sections

1. Tenant Rights: Required if the property is currently leased, addressing existing tenancy agreements

2. Mortgage Arrangements: Required if the purchase is financed through a mortgage

3. Development Rights: Needed if there are pending building permits or development restrictions

4. Environmental Provisions: Required if there are known environmental issues or contamination

5. Heritage Protection: Necessary if the property is under monument protection (Denkmalschutz)

6. Right of First Refusal: Required if municipal pre-emptive rights exist

7. Defects and Renovation: Detailed if specific known defects exist or renovation agreements are made

8. Utilities and Connections: Required if special arrangements exist for utility connections or shared facilities

Suggested Schedules

1. Property Plans: Official cadastral plans and property drawings

2. Land Registry Extract: Current Grundbuchauszug showing ownership and encumbrances

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

4. Property Condition Report: Detailed description of property condition and any known defects

5. Inventory List: List of fixtures and fittings included in the sale

6. Building Permits: Copies of existing building permits and certificates

7. Property Tax Assessment: Current property tax assessment and payment status

8. Insurance Certificates: Details of existing building insurance

9. Utility Contracts: Information about existing utility connections and contracts

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

Property Development

Banking & Financial Services

Legal Services

Property Management

Urban Development

Hospitality

Retail

Industrial & Manufacturing

Agriculture

Commercial Office Space

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Business Development

Asset Management

Investment

Operations

Facilities Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Corporate Lawyer

Real Estate Agent

Property Manager

Investment Manager

Asset Manager

Facility Manager

Compliance Officer

Real Estate Portfolio Manager

Business Development Manager

Property Acquisition Manager

Real Estate Finance Manager

Risk 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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