Real Estate Purchase Contract Template for Germany

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Key Requirements PROMPT example:

Real Estate Purchase Contract

"I need a German Real Estate Purchase Contract for acquiring a commercial office building in Berlin with existing tenants, where completion is scheduled for March 15, 2025, and the building includes protected historical elements requiring special preservation conditions."

Document background
The Real Estate Purchase Contract (Immobilienkaufvertrag) is a fundamental legal instrument in German property transactions, essential for any transfer of real estate ownership. It is used when purchasing land, buildings, apartments, or commercial properties in Germany. The document must comply with strict formal requirements under German law, including mandatory notarization, and serves multiple purposes: it defines the exact property being transferred, establishes the purchase price and payment terms, outlines the conditions for ownership transfer, and allocates rights and responsibilities between parties. The contract must address various aspects such as existing encumbrances, warranties about the property's condition, and specific requirements for land registry registration. It's particularly important as it forms the basis for the actual transfer of ownership and triggers various legal obligations, including tax liabilities.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and registration details if companies

2. Background: Context of the transaction 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, exact address, size, and boundaries

5. Purchase Price: Specification of the purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Conditions and process for transferring title (Auflassung)

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

8. Property Condition: Description of the property's current condition and any known defects

9. Encumbrances: Existing mortgages, easements, or other encumbrances and how they will be handled

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

11. Possession and Risk Transfer: Date and conditions for transferring possession and risk to the buyer

12. Pre-emption Rights: Confirmation regarding any statutory or contractual pre-emption rights

13. Notarization and Registration: Provisions regarding notarization and land registry registration process

14. Final Provisions: Governing law, severability, and entire agreement clauses

Optional Sections

1. Tenant Provisions: Required if the property is sold with existing tenants, describing their rights and current lease agreements

2. Mortgage Assumption: Used when the buyer is taking over existing mortgage obligations

3. Construction Obligations: Needed if the property is under construction or requires specific renovations before transfer

4. Commercial Use Provisions: Required for properties with commercial use, including permits and licenses

5. Monument Protection: Required for historically protected buildings (Denkmalschutz)

6. Contamination Provisions: Needed if there are known or suspected environmental contamination issues

7. Property Management: Required for apartment buildings or properties with ongoing management needs

8. Development Rights: Used when there are unused development rights or pending zoning changes

Suggested Schedules

1. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

2. Property Plans: Official site plans, floor plans, and boundary documentation

3. Inventory List: List of fixtures, fittings, and other items included in the sale

4. Energy Certificate: Current energy performance certificate (Energieausweis)

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

6. Tenant Schedule: List of current tenants and key lease terms if applicable

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

8. Building Inspection Report: Recent building inspection or survey reports

9. Utilities Documentation: Information about utility connections and consumption

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

Banking & Finance

Legal Services

Property Development

Property Management

Urban Planning

Architecture

Commercial Property

Residential Property

Investment & Asset Management

Public Sector

Relevant Teams

Legal

Real Estate

Finance

Compliance

Property Management

Investment

Asset Management

Due Diligence

Operations

Risk Management

Treasury

Corporate Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Investment Manager

Asset Manager

Legal Counsel

Notary

Property Developer

Facilities Manager

Commercial Director

Chief Financial Officer

Real Estate Analyst

Compliance Officer

Due Diligence Specialist

Transaction 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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