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Property Settlement Agreement
"I need a Property Settlement Agreement for a commercial office building in Munich, which is currently occupied by multiple tenants, with the transfer scheduled for March 2025; the agreement must include specific provisions for handling existing lease agreements and service contracts."
1. Parties: Identification and details of all parties involved in the property settlement
2. Background (Präambel): Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details and land register information
5. Purchase Price and Payment Terms: Agreed purchase price, payment schedule, and payment methods
6. Transfer of Ownership: Terms and conditions for the transfer of property ownership
7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status
8. Due Diligence Results: Confirmation of property inspection and acceptance of condition
9. Taxes and Costs: Allocation of transfer taxes, notary fees, and other transaction costs
10. Registration and Notarization: Requirements and procedures for land register registration and notarial authentication
11. Handover Provisions: Terms for physical handover of the property and transfer of possession
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
13. Severability Clause: Standard clause ensuring remainder of agreement stays valid if parts are found invalid
1. Mortgage and Encumbrances: Details of existing mortgages and process for clearance, used when property has existing charges
2. Tenant Provisions: Details about existing tenancies and their handling, included when property is currently leased
3. Defects and Renovation Agreement: Specific arrangements regarding known defects and planned renovations, included when property requires work
4. Environmental Provisions: Specific clauses regarding environmental issues or contamination, included for properties with environmental concerns
5. Heritage Protection: Special provisions for properties under monument protection (Denkmalschutz), included for historic properties
6. Utilities and Contracts: Transfer of utility contracts and other service agreements, included for properties with existing service contracts
7. Right of First Refusal: Provisions regarding any existing or new rights of first refusal, included when such rights are relevant
1. Property Details Schedule: Detailed technical description of the property, including exact measurements and boundaries
2. Land Register Extract: Current extract from the land register (Grundbuchauszug)
3. Property Plans: Floor plans, site plans, and other relevant property drawings
4. Inventory List: List of fixtures and fittings included in the sale
5. Due Diligence Reports: Technical, legal, and environmental assessment reports
6. Payment Schedule: Detailed breakdown of payment installments and timing
7. Existing Contracts: Copies of relevant existing contracts affecting the property
Authors
Purchase Price (Kaufpreis)
Completion Date (Vollzugsdatum)
Effective Date (Wirksamkeitsdatum)
Land Register (Grundbuch)
Encumbrances (Belastungen)
Due Diligence Period (Due-Diligence-Zeitraum)
Handover Date (Übergabedatum)
Notarial Deed (Notarielle Urkunde)
Seller's Warranties (Verkäufergarantien)
Transfer of Ownership (Eigentumsübertragung)
Permitted Use (Zulässige Nutzung)
Material Adverse Change (Wesentliche Nachteilige Veränderung)
Fixtures and Fittings (Einbauten und Zubehör)
Priority Notice (Auflassungsvormerkung)
Existing Tenancies (Bestehende Mietverhältnisse)
Purchase Price Payment Account (Kaufpreiszahlungskonto)
Signing Date (Unterzeichnungsdatum)
Business Day (Werktag)
Property Documents (Objektunterlagen)
Force Majeure (Höhere Gewalt)
Notary's Trust Account (Notaranderkonto)
Real Estate Transfer Tax (Grunderwerbsteuer)
Building Permits (Baugenehmigungen)
Cadastral Register (Kataster)
Mortgage (Grundschuld)
Public Charges (Öffentliche Lasten)
Registration Costs (Eintragungskosten)
Title Deed (Eigentumsurkunde)
Warranty Period (Gewährleistungsfrist)
Purchase Price
Payment Terms
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Encumbrances
Registration Requirements
Tax Obligations
Cost Allocation
Risk Transfer
Insurance
Handover Provisions
Existing Tenancies
Environmental Compliance
Building Permits and Zoning
Utilities and Services
Default and Remedies
Force Majeure
Assignment and Transfer
Notices
Confidentiality
Dispute Resolution
Governing Law
Severability
Entire Agreement
Amendment
Notarization Requirements
Land Register Registration
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Investment and Asset Management
Urban Development
Housing and Residential
Commercial Property
Legal
Real Estate
Property Management
Compliance
Finance
Tax
Investment
Asset Management
Risk Management
Operations
Due Diligence
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary
Property Developer
Asset Manager
Investment Manager
Real Estate Portfolio Manager
Compliance Officer
Tax Advisor
Real Estate Transaction Manager
Property Acquisitions Manager
Real Estate Finance Manager
Due Diligence Specialist
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