The Apartment Purchase Agreement (Wohnungskaufvertrag) is a crucial legal document used in German real estate transactions for the purchase and sale of apartment properties. It is essential for any transaction involving the transfer of apartment ownership in Germany, whether for residential or investment purposes. The agreement must be notarized to be legally valid and typically includes comprehensive details about the property, parties involved, purchase price, payment terms, and transfer of ownership conditions. It ensures compliance with German property law, including the BGB (German Civil Code) and WEG (Condominium Act), while addressing specific requirements such as land register entries, energy certificates, and property condition disclosures. This document is particularly important as it forms the basis for the property transfer in the German land register (Grundbuch) and establishes the legal framework for the entire transaction.
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1. Parties: Identification of seller and buyer with full legal names, addresses, and marital status if relevant
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the apartment including land register details (Grundbuch), exact location, size, and allocated parking spaces
5. Purchase Price: Specification of purchase price, payment terms, and escrow arrangements
6. Transfer of Ownership: Conditions and process for transferring property ownership (Auflassung)
7. Representations and Warranties: Seller's declarations regarding property condition, encumbrances, and other material facts
8. Property Condition: Current state of the property, known defects, and as-is provisions
9. Costs and Taxes: Distribution of transaction costs, transfer taxes, and notary fees
10. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks
11. Energy Certificate: Information regarding the energy performance certificate (Energieausweis)
12. Notices: Communication procedures between parties
13. Governing Law: Confirmation of German law application and jurisdiction
14. Execution: Signature requirements and notarization provisions
1. Mortgage Release: Required if existing mortgages need to be cleared
2. Renovation Agreements: Include when specific renovations are agreed to be completed before or after sale
3. Rental Situation: Required if the property is currently rented or has existing tenants
4. Special Right of Withdrawal: Include for off-plan purchases or when required by consumer protection laws
5. Agent Fees: Include when a real estate agent is involved in the transaction
6. Furniture and Fixtures: Required when specific items are included in the sale
7. Building Warranty: Include for new constructions or recently renovated properties
8. WEG Resolutions: Include specific homeowners' association (WEG) resolutions affecting the property
1. Floor Plans: Detailed plans showing apartment layout and dimensions
2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances
3. Energy Certificate: Copy of the property's energy performance certificate
4. Property Management Agreement: Current building management contract and regulations
5. Maintenance Records: Documentation of recent maintenance and repairs
6. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
7. Building Insurance: Details of current building insurance coverage
8. Property Photos: Documented condition of the property at time of sale
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Real Estate
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Property Development
Construction
Insurance
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Urban Planning
Professional Services
Residential Housing
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Investment
Document Management
Risk Management
Finance
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Relevant Roles
Real Estate Attorney
Property Lawyer
Real Estate Agent
Property Manager
Legal Counsel
Notary
Real Estate Developer
Property Investment Manager
Compliance Officer
Real Estate Transaction Manager
Property Sales Manager
Real Estate Portfolio Manager
Property Acquisition Specialist
Legal Document Specialist
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