Private Sales Agreement For House

Private Sales Agreement For House Template for Germany

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Key Requirements PROMPT example:

"I need a Private Sales Agreement For House for the sale of my detached house in Munich, with a completion date of March 15, 2025, including specific provisions for the existing solar panel installation and current tenant agreements."

Document background

The Private Sales Agreement For House (Kaufvertrag für eine Immobilie) is a fundamental legal document used in German real estate transactions between private parties. It is essential for any private property sale in Germany and must be notarized to be legally valid under German law. The document encompasses crucial elements including property details, purchase price, payment terms, warranties, and specific provisions required by German property law. It serves as the primary instrument for transferring residential property ownership and must comply with various German regulations, including the Civil Code (BGB), land registry laws, and real estate transfer tax requirements. This agreement is particularly important as it forms the basis for the property's registration in the German land register (Grundbuch) and ensures all legal requirements for property transfer are met.

Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full names, addresses, and marital status (relevant for German property law)

2. Background: Context of the sale and brief description of the property transaction

3. Definitions: Definition of key terms used throughout the agreement

4. Property Description: Detailed description of the property including land register details (Grundbuch), plot number (Flurstück), and exact address

5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements

6. Transfer of Ownership: Terms for the transfer of ownership (Auflassung) and registration in the land register

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

8. Possession and Risk: Date of property handover and transfer of risk

9. Costs and Taxes: Distribution of transaction costs, including notary fees, land register costs, and real estate transfer tax

10. Due Diligence Results: Confirmation of property inspection and acceptance of current condition

11. Encumbrances: Existing mortgages, easements, and plan for their handling

12. Notarization Statement: Mandatory statement regarding notarization requirement and execution

13. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Broker Involvement: Details of real estate broker involvement and commission arrangements, included if a broker was part of the transaction

2. Mortgage Arrangements: Details of new mortgage arrangements if the purchase is financed through a bank

3. Rental Situations: Information about existing tenants and lease agreements if the property is currently rented

4. Renovation Agreements: Specific arrangements for repairs or renovations agreed to be completed before or after the sale

5. Furniture and Fixtures: List of movable items included or excluded from the sale

6. Development Rights: Information about any existing building permits or development rights if relevant

7. Environmental Provisions: Special provisions regarding environmental issues or contamination if relevant

8. Monument Protection: Special provisions if the property is under monument protection (Denkmalschutz)

Suggested Schedules

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

2. Property Plans: Floor plans, site plans, and cadastral maps

3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)

4. Property Photographs: Documentary photographs of the property's current condition

5. Building Permits: Copies of existing building permits and related documentation

6. Technical Due Diligence: Reports on building condition, structural surveys if conducted

7. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable

8. Property Tax Assessment: Recent property tax assessment documents

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Property Management

Real Estate Investment

Notary Services

Property Surveying

Energy Assessment

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Sales

Investment

Operations

Finance

Documentation

Relevant Roles

Real Estate Lawyer

Notary Public

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Developer

Mortgage Advisor

Real Estate Transaction Manager

Property Surveyor

Real Estate Portfolio Manager

Title Insurance Specialist

Property Valuation Expert

Real Estate Risk Manager

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