Real Estate Release Of Liability Template for Germany

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Key Requirements PROMPT example:

Real Estate Release Of Liability

"I need a Real Estate Release of Liability agreement under German law for a commercial property sale in Berlin, where the current owner wants to be released from any future environmental liability claims after March 2025 when the property transfers to a development company."

Document background
The Real Estate Release of Liability agreement is a crucial document in German real estate transactions and property management. It is typically used when parties wish to limit or eliminate future liability claims related to specific aspects of a property, such as during property sales, transfers, or management transitions. The document must comply with German legal requirements, particularly the German Civil Code (BGB) and property law provisions. It includes detailed information about the property, the scope of the release, any exceptions, and the specific circumstances under which the release applies. This agreement is particularly important in scenarios involving property condition issues, historical liabilities, or risk transfer situations. The document requires careful consideration of German legal principles regarding liability limitations and may need notarization to be legally effective.
Suggested Sections

1. Parties (Parteien): Identification and details of all parties involved, including legal designation and addresses

2. Background (Hintergrund): Context of the relationship between parties and circumstances leading to the release of liability

3. Definitions (Definitionen): Clear definitions of key terms used throughout the agreement

4. Subject Matter (Vertragsgegenstand): Identification and description of the real estate property involved

5. Scope of Release (Umfang der Haftungsfreistellung): Detailed description of what liabilities are being released, including specific claims and time periods

6. Exceptions (Ausnahmen): Clear statement of any liabilities or claims specifically excluded from the release

7. Representations and Warranties (Zusicherungen und Gewährleistungen): Statements by both parties about facts relevant to the release

8. Effectiveness (Wirksamkeit): Conditions for and timing of when the release becomes effective

9. Governing Law and Jurisdiction (Rechtswahl und Gerichtsstand): Confirmation of German law application and jurisdiction

10. Severability (Salvatorische Klausel): Standard clause maintaining validity if individual provisions are invalid

Optional Sections

1. Consideration (Gegenleistung): Include when there is payment or other consideration for the release

2. Third Party Rights (Rechte Dritter): Include when the release affects rights of third parties

3. Insurance Matters (Versicherungsangelegenheiten): Include when insurance claims or policies are relevant to the release

4. Future Claims (Zukünftige Ansprüche): Include when specifically addressing potential future claims

5. Confidentiality (Vertraulichkeit): Include when parties wish to keep the terms of the release confidential

6. Dispute Resolution (Streitbeilegung): Include when parties want to specify mediation or arbitration procedures

Suggested Schedules

1. Property Description (Objektbeschreibung): Detailed description of the real estate property, including land registry details

2. Known Issues (Bekannte Mängel): List of any known issues or defects with the property

3. Related Agreements (Zugehörige Verträge): List of any related agreements or documents referenced in the release

4. Powers of Attorney (Vollmachten): Copies of any relevant powers of attorney if parties are acting through representatives

5. Property Documentation (Objektunterlagen): Relevant property certificates, permits, or other official documentation

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
Relevant Industries

Real Estate

Construction

Property Development

Property Management

Legal Services

Real Estate Investment

Facility Management

Commercial Property

Residential Property

Urban Development

Relevant Teams

Legal

Real Estate Operations

Property Management

Risk Management

Compliance

Asset Management

Facilities

Real Estate Development

Real Estate Transactions

Due Diligence

Relevant Roles

Real Estate Attorney

Property Manager

Real Estate Developer

Legal Counsel

Compliance Officer

Risk Manager

Real Estate Agent

Property Development Director

Facility Manager

Contract Manager

Real Estate Investment Manager

Asset Manager

Property Operations Manager

Real Estate Transaction Manager

Due Diligence Specialist

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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