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Pre Sale Agreement Property
"I need a Property Pre-Sale Agreement under German law for a newly constructed residential apartment in Berlin, with completion scheduled for March 2025, including specific construction quality requirements and staged payment provisions."
1. Parties: Detailed identification of the seller and buyer, including full names, addresses, and marital status (relevant for German property law)
2. Background: Context of the transaction and purpose of entering into a pre-sale agreement rather than immediate purchase
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and German legal terms
4. Property Description: Detailed description of the property including land registry details (Grundbuch), parcel numbers, exact location, and size
5. Purchase Price: Agreed purchase price, payment terms, and any conditions affecting the price
6. Deposit: Terms and conditions of any deposit payment, including amount and holding arrangements
7. Conditions Precedent: Conditions that must be fulfilled before proceeding to the final purchase agreement
8. Timeline: Timeframe for concluding the final purchase agreement and any intermediate milestones
9. Obligations of the Seller: Seller's commitments regarding property maintenance, providing documentation, and cooperation
10. Obligations of the Buyer: Buyer's commitments regarding financing, documentation, and cooperation
11. Notarization: Acknowledgment of notarization requirement and arrangement for the final purchase agreement
12. Termination Rights: Circumstances under which either party may terminate the pre-sale agreement
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Financing Provisions: Include when buyer requires external financing - details of financing arrangements and conditions
2. Construction Requirements: Include for properties under construction - specifications, completion requirements, and quality standards
3. Tenant Provisions: Include if property is currently tenanted - details of existing tenancies and handling
4. Property Management: Include for properties in multi-unit developments - management and maintenance arrangements
5. VAT Elections: Include for commercial properties - VAT treatment and elections
6. Due Diligence: Include when extensive due diligence is required - process and requirements
7. Broker Provisions: Include when real estate agents are involved - commission arrangements
1. Property Plans: Official property plans and drawings from the land registry
2. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances
3. Property Condition Report: Current condition assessment of the property
4. Building Permits: Copies of relevant building permits and certificates
5. Energy Certificate: Current energy performance certificate (Energieausweis)
6. Payment Schedule: Detailed schedule of payment terms and conditions
7. Property Photographs: Current photographs documenting the property condition
Authors
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Property Management
Real Estate Investment
Urban Development
Residential Property
Commercial Property
Architecture & Planning
Legal
Real Estate
Property Development
Sales
Investment
Commercial
Acquisitions
Project Management
Construction
Finance
Risk Management
Compliance
Real Estate Lawyer
Property Developer
Real Estate Agent
Property Manager
Investment Manager
Legal Counsel
Notary
Commercial Director
Development Director
Real Estate Investment Manager
Property Consultant
Construction Manager
Project Manager
Sales Director
Acquisition Manager
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