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Home Sale Contract Form Template for Germany

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Key Requirements PROMPT example:

Home Sale Contract Form

"I need a German Home Sale Contract Form for a tenanted apartment building in Berlin, with completion scheduled for March 2025, that includes provisions for existing rental agreements and ensures smooth transition of tenant deposits."

Document background
The Home Sale Contract Form is a fundamental legal document used in German real estate transactions. It serves as the primary agreement between a property seller and buyer, requiring mandatory notarization under German law. This contract type is essential for any real estate transfer in Germany, whether involving private residences, commercial properties, or land. The document must comply with the German Civil Code (BGB), particularly sections 433-479 governing purchase contracts and section 311b requiring notarization. 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 also addresses local regulations, tax implications, and any existing encumbrances or special conditions affecting the property. Its preparation typically involves legal professionals and often requires input from real estate experts, financial institutions, and public authorities.
Suggested Sections

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

2. Background (Vorbemerkung): Context of the sale and confirmation of seller's ownership

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

4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, address, and size

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

6. Transfer of Ownership (Eigentumsübergang): Conditions and process for transferring property ownership

7. Warranties and Representations (Gewährleistungen): Seller's warranties regarding property condition and any known defects

8. Possession and Risk Transfer (Besitzübergang): Date and conditions for transferring possession and associated risks

9. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations

10. Land Registry Matters (Grundbuchangelegenheiten): Arrangements for land registry updates and requirements

11. Notarization (Beurkundung): Acknowledgment of notarization requirement and arrangements

12. Governing Law (Geltendes Recht): Confirmation of German law application and jurisdiction

13. Execution (Unterschriften): Signature requirements and execution process

Optional Sections

1. Existing Tenancies (Bestehende Mietverhältnisse): Details of existing rental agreements if property is tenanted

2. Mortgage and Encumbrances (Hypotheken und Belastungen): Handling of existing mortgages or other encumbrances

3. Construction Requirements (Bauliche Auflagen): Any mandatory construction or renovation requirements

4. Energy Certificate (Energieausweis): Details of energy performance certificate if not included as schedule

5. Pre-emptive Rights (Vorkaufsrechte): Addressing any existing pre-emptive rights

6. Broker Provisions (Maklerprovision): Details of real estate agent fees if applicable

7. Special Use Rights (Sondernutzungsrechte): Any special rights associated with the property

8. Contamination Clause (Kontaminierungsklausel): Specific provisions regarding potential contamination or environmental issues

Suggested Schedules

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

2. Property Plans (Grundrisszeichnungen): Floor plans and property boundary documents

3. Inventory List (Inventarliste): List of items included in the sale

4. Energy Performance Certificate (Energieausweis): Official energy efficiency documentation

5. Building Permits (Baugenehmigungen): Relevant building permits and certificates

6. Property Tax Assessment (Grundsteuer-Bescheid): Current property tax assessment

7. Maintenance Records (Wartungsunterlagen): Documentation of major maintenance and repairs

8. Photos (Fotodokumentation): Current photographs of the property condition

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Property Development

Construction

Public Administration

Insurance

Property Management

Notary Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Corporate Affairs

Investment

Operations

Business Development

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Manager

Legal Counsel

Conveyancer

Bank Manager

Mortgage Advisor

Property Surveyor

Real Estate Developer

Title Insurance Officer

Property Assessor

Land Registry Officer

Tax Advisor

Real Estate Investment Manager

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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