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Apartment Purchase Agreement for Germany

Apartment Purchase Agreement Template for Germany

A German Apartment Purchase Agreement (Wohnungskaufvertrag) is a legally binding document that facilitates the transfer of ownership of an apartment property in Germany. This agreement must comply with German civil law requirements, particularly the BGB (German Civil Code) and WEG (Condominium Act), and requires mandatory notarization. The document outlines all essential aspects of the property transaction, including detailed property description, purchase price, payment terms, transfer of ownership conditions, warranties, and specific German legal requirements such as land register (Grundbuch) details and energy certificate information. It incorporates consumer protection elements and addresses specific requirements for apartment ownership under German property law.

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What is a Apartment Purchase Agreement?

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.

What sections should be included in a Apartment Purchase Agreement?

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

What sections are optional to include in a Apartment Purchase Agreement?

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

What schedules should be included in a Apartment Purchase Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions

































Clauses






























Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Insurance

Property Management

Urban Planning

Professional Services

Residential Housing

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Investment

Document Management

Risk Management

Finance

Property Development

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

Real Estate Finance Manager

Industries








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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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