Sale And Purchase Deed Template for Germany

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Key Requirements PROMPT example:

Sale And Purchase Deed

"I need a Sale and Purchase Deed under German law for acquiring a commercial office building in Berlin, including specific provisions for existing tenants and environmental compliance requirements for planned renovations in March 2025."

Document background
The Sale and Purchase Deed (Kaufvertrag) is a fundamental legal instrument in German real estate transactions, used whenever real property ownership needs to be transferred between parties. This document is essential for both residential and commercial property transactions in Germany and must be executed before a notary public, who ensures compliance with all legal requirements and explains the content to all parties involved. The deed contains crucial information about the property, parties, purchase price, payment terms, and conditions for transfer, while also addressing matters such as warranties, encumbrances, and tax obligations. It serves as the basis for the property registration in the land register (Grundbuch) and triggers various legal obligations including the payment of real estate transfer tax. The document's format and content are heavily regulated by German civil law, particularly the German Civil Code (BGB) and related property legislation.
Suggested Sections

1. Parties: Identification of seller and purchaser with full legal names, addresses, and registration details if applicable

2. Background: Context of the sale, brief description of the property, and intention of the parties

3. Definitions: Key terms used throughout the deed including Property, Purchase Price, Completion Date, etc.

4. Property Description: Detailed legal description of the property including land register details, cadastral information, and exact boundaries

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

6. Transfer of Ownership: Terms governing the transfer of title and registration in the land register

7. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition

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

9. Completion: Process and requirements for completing the transaction

10. Governing Law: Confirmation of German law as governing law and jurisdiction

Optional Sections

1. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances - include if property is not free from encumbrances

2. Tenant Rights: Information about existing tenancies and lease agreements - include if property is currently leased

3. Environmental Provisions: Specific provisions regarding environmental conditions or contamination - include if property has known environmental issues

4. Development Obligations: Requirements for future development or use restrictions - include if property has specific development conditions

5. Pre-emption Rights: Details of any pre-emption rights held by third parties - include if such rights exist

6. Condition Precedents: Specific conditions that must be met before completion - include if transaction depends on certain conditions

Suggested Schedules

1. Property Plan: Cadastral extract and property plans showing exact boundaries and measurements

2. Land Register Extract: Current extract from the land register (Grundbuchauszug)

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

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

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

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

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 Industries

Real Estate

Construction

Property Development

Banking and Finance

Legal Services

Agriculture (for agricultural land)

Commercial Property

Residential Property

Industrial Property

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Facilities Management

Corporate Development

Acquisitions

Finance

Compliance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Corporate Lawyer

Legal Counsel

Notary Public

Property Developer

Asset Manager

Investment Manager

Real Estate Investment Officer

Facilities Manager

Property Acquisition Manager

Real Estate Portfolio Manager

Transaction Manager

Chief Legal 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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