Residential Resale Contract Template for Germany

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Key Requirements PROMPT example:

Residential Resale Contract

"I need a Residential Resale Contract for a single-family home in Munich, with a planned completion date of March 2025; the property includes a garden house and solar panels, which should be specifically listed in the contract."

Document background
The Residential Resale Contract is a fundamental document in German real estate transactions, used when transferring ownership of existing residential properties between parties. It must comply with the German Civil Code (BGB) and requires mandatory notarization to be legally valid. The document is typically used in private property sales, whether for single-family homes, apartments, or other residential units. It includes crucial information about the property, parties involved, purchase price, payment terms, warranties, and specific German legal requirements such as land registry procedures. The contract serves multiple purposes: it legally binds the parties, provides clarity on the transaction terms, ensures compliance with German property law, and forms the basis for the official property transfer in the land registry (Grundbuch). This document type is essential for real estate transactions in Germany and must account for various legal requirements, including energy efficiency certificates, property encumbrances, and tax implications.
Suggested Sections

1. Parties (Vertragsparteien): Identification of seller and buyer with full legal names, addresses, and marital status (relevant for property law)

2. Background (Vorbemerkung): Current ownership status, property history, and purpose of the agreement

3. Definitions (Begriffsbestimmungen): Key terms used throughout the contract

4. Object of Purchase (Kaufgegenstand): Detailed description of the property including land registry details, exact location, size, and included fixtures

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

6. Due Date and Payment (Fälligkeit und Zahlung): Conditions for payment, timing, and necessary prerequisites

7. Property Handover (Übergabe): Terms and timing of property possession transfer, utility readings, and key handover

8. Warranties and Representations (Gewährleistungen): Seller's warranties about the property's condition and any known defects

9. Encumbrances (Belastungen): Existing mortgages, easements, and plan for their handling

10. Land Registry Matters (Grundbuchangelegenheiten): Instructions for land registry changes and required approvals

11. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs, including transfer tax, notary, and registration fees

Optional Sections

1. Rental Situation (Mietverhältnisse): Required if the property is currently rented, detailing existing tenancies and their treatment

2. Energy Certificate (Energieausweis): Required if an energy performance certificate exists, including its details

3. Building Permits (Baugenehmigungen): Required if there are ongoing or pending construction matters

4. Contamination Declaration (Altlastendeklaration): Required if there are known or suspected environmental issues

5. Homeowners Association (WEG-Regelungen): Required for condominiums or properties within housing associations

6. Monument Protection (Denkmalschutz): Required if the property is under historical protection

7. Right of First Refusal (Vorkaufsrecht): Required if any third parties have pre-emptive rights

Suggested Schedules

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

2. Floor Plans (Grundrisse): Official floor plans and property measurements

3. Property Map (Lageplan): Official cadastral map showing the property boundaries

4. Inventory List (Inventarliste): List of included movable items and fixtures

5. Energy Certificate (Energieausweis): Energy performance certificate if available

6. Building Documentation (Bauunterlagen): Relevant building permits and documentation

7. Property Photographs (Objektfotos): Documentary photographs of the property condition

8. Maintenance Records (Wartungsnachweise): Documentation of major maintenance and repairs

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 & Finance

Construction

Property Management

Insurance

Public Administration

Property Development

Urban Planning

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Finance

Risk Management

Customer Relations

Documentation

Advisory Services

Operations

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Manager

Bank Manager

Mortgage Advisor

Property Surveyor

Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Property Developer

Real Estate Investment Manager

Title Insurance Specialist

Real Estate Paralegal

Tax Advisor

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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