Real Estate Purchase Agreement For Sale By Owner Template for Germany

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Key Requirements PROMPT example:

Real Estate Purchase Agreement For Sale By Owner

"I need a Real Estate Purchase Agreement For Sale By Owner for my three-bedroom house in Munich, which includes the sale of all built-in kitchen appliances and the garden shed, with completion planned for March 2025."

Document background
The Real Estate Purchase Agreement For Sale By Owner (Grundstückskaufvertrag durch Privatverkauf) is a crucial legal document used in Germany when property owners wish to sell their real estate directly without the involvement of real estate agents. This document is fundamental in German property law and must strictly comply with the Bürgerliches Gesetzbuch (BGB) requirements. It's specifically designed for private sellers who choose to handle the sale process independently while ensuring all legal requirements are met. The agreement must be notarized to be legally valid and includes comprehensive details about the property, purchase price, payment terms, ownership transfer process, and all relevant warranties and representations. It's particularly important as it forms the basis for the property's ownership transfer in the German land register (Grundbuch) and triggers various legal obligations including property transfer tax (Grunderwerbsteuer).
Suggested Sections

1. Parties: Identification of seller(s) and buyer(s) with full legal names, addresses, and marital status if relevant

2. Background: Brief context of the sale and confirmation that the seller is the registered owner 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 number, size, and address

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

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

7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and known defects

8. Property Handover: Conditions and timing for transferring possession of the property

9. Costs and Taxes: Attribution of transaction costs, including notary fees, registration costs, and real estate transfer tax

10. Pre-emption Rights: Confirmation regarding any existing pre-emption rights

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

12. Severability: Standard clause maintaining validity if individual provisions become invalid

Optional Sections

1. Mortgage and Encumbrances: Details of existing mortgages and process for clearing them, used when property has existing loans

2. Inventory: List of fixtures and fittings included in the sale, used when selling furnished property

3. Construction Requirements: Building obligations or restrictions, used for undeveloped land or properties with pending construction

4. Rental Agreements: Details of existing tenancies, used when property is sold with sitting tenants

5. Environmental Conditions: Special provisions regarding contamination or environmental issues, used for industrial properties or known environmental concerns

6. Development Rights: Information about unused development potential or building rights, used when relevant to the property value

7. Condominium Association: Details of owners association and shared property, used for apartment sales

8. Renovation Requirements: Known necessary repairs or renovations, used for properties needing significant work

Suggested Schedules

1. Land Register Extract: Current certified extract from the Grundbuch

2. Property Plan: Official cadastral plan showing property boundaries and building locations

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

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

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

6. Technical Due Diligence: Reports on building condition, if available

7. Floor Plans: Detailed plans of buildings on the property

8. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable

9. Photographs: Documentary photographs of the property condition at sale

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

Legal Services

Banking and Finance

Construction

Property Development

Urban Planning

Environmental Services

Insurance

Public Administration

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Operations

Administrative Services

Technical Services

Customer Relations

Relevant Roles

Property Owner

Private Seller

Private Buyer

Notary Public

Legal Counsel

Property Surveyor

Bank Manager

Mortgage Advisor

Tax Consultant

Building Inspector

Environmental Consultant

Property Assessor

Land Registry Officer

Legal Administrator

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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