Real Estate Sales Agreement Form Template for Germany

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Key Requirements PROMPT example:

Real Estate Sales Agreement Form

"I need a Real Estate Sales Agreement Form for the purchase of a residential apartment in Berlin, with completion planned for March 2025. The property is a newly built apartment and will be purchased directly from the developer."

Document background

The Real Estate Sales Agreement Form is a crucial legal document used in German property transactions for both residential and commercial real estate. It serves as the primary contract between sellers and buyers, requiring notarization under German law to be legally valid. This document is essential when transferring ownership of any real property in Germany, whether it's land, buildings, apartments, or commercial spaces. The agreement incorporates all necessary elements required by German property law, including precise property description, purchase price, payment terms, warranties, and specific provisions for land registry registration. It also addresses key aspects such as existing encumbrances, energy efficiency certificates, and real estate transfer tax obligations. The document must comply with the German Civil Code (BGB) and related property legislation, making it a fundamental tool for real estate transactions in the German market.

Suggested Sections

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

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including exact address, land registry details, and cadastral information

5. Purchase Price: Specified purchase price, payment terms, and payment schedule

6. Due Diligence Results: Confirmation of completed due diligence and disclosure of known issues

7. Transfer of Ownership: Terms and conditions for the transfer of property ownership, including registration in the land registry (Grundbuch)

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

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

10. Possession and Risk: Terms for transferring possession and risk to the purchaser

11. Completion Requirements: Conditions precedent and completion mechanics

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

Optional Sections

1. Existing Tenancies: Details of any existing rental agreements and their treatment post-sale

2. Mortgage and Encumbrances: Provisions for dealing with existing mortgages or other encumbrances

3. Property Management: Interim property management arrangements between signing and completion

4. Environmental Provisions: Specific provisions regarding environmental issues or contamination

5. Development Rights: Details of any existing or pending development rights or restrictions

6. Condominium Provisions: Special provisions if the property is part of a condominium complex

7. Agent Provisions: Details of real estate agents involved and commission arrangements

Suggested Schedules

1. Property Plan: Official cadastral plan and property boundaries

2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

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

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

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

6. Property Photos: Documented condition of the property at time of sale

7. Payment Schedule: Detailed schedule of payment installments if applicable

8. Due Diligence Reports: Technical, legal, and environmental due diligence reports

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Banking and Finance

Legal Services

Construction

Property Development

Hospitality

Retail

Manufacturing

Healthcare

Education

Professional Services

Public Sector

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Corporate Development

Investment

Asset Management

Property Management

Operations

Corporate Services

Facilities Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Corporate Lawyer

Real Estate Agent

Property Manager

Facility Manager

Investment Manager

Asset Manager

Chief Financial Officer

Real Estate Portfolio Manager

Acquisition Manager

Development Director

Corporate Real Estate Manager

Risk Manager

Compliance Officer

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