The Commercial Real Estate Purchase Agreement is a crucial document used in Germany for transferring ownership of commercial properties between parties. It is essential for any business transaction involving the acquisition or disposal of commercial real estate assets in Germany, whether office buildings, retail spaces, industrial facilities, or mixed-use properties. The agreement must comply with strict German legal requirements, including mandatory notarization and registration in the land registry (Grundbuch). It covers comprehensive aspects of the transaction, from purchase price and payment terms to warranties and representations, while addressing specific German legal considerations such as real estate transfer tax (Grunderwerbsteuer) and energy efficiency requirements. This document is particularly important as it serves as the foundation for the property transfer and must be drafted to protect both parties' interests while ensuring enforceability under German law.
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1. Parties: Identification and details of the seller and purchaser, including full legal names, registration numbers, and addresses
2. Background: Context of the transaction and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property, including exact address, land registry details, and current usage
5. Purchase Price: Purchase price, payment terms, and escrow arrangements
6. Due Diligence: Buyer's investigation rights and seller's obligation to provide documentation
7. Conditions Precedent: Conditions that must be satisfied before completion of the purchase
8. Warranties and Representations: Seller's warranties regarding property title, condition, and compliance with laws
9. Transfer of Title and Risk: Provisions regarding the transfer of ownership and associated risks
10. Notarization and Registration: Requirements for notarization and land registry registration
11. Taxes and Costs: Allocation of transaction costs, taxes, and fees
12. Handover: Process and requirements for physical handover of the property
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Existing Tenancies: Details of existing lease agreements and tenant obligations, used when the property is currently leased
2. Environmental Matters: Specific provisions regarding environmental issues or contamination, required when environmental concerns exist
3. Development Rights: Provisions regarding unused development potential or pending applications, included when relevant to the property's value
4. Service Contracts: Treatment of existing service contracts, included when there are ongoing service agreements
5. Financing Conditions: Specific provisions related to buyer's financing arrangements, included when purchase is contingent on financing
6. Monument Protection: Special provisions for historically protected buildings, required for listed properties
7. Employee Transfers: Provisions regarding transfer of employees, relevant when property includes ongoing business operations
8. VAT Election: VAT treatment election provisions, included when parties opt for VAT application
9. Pre-emption Rights: Handling of any existing pre-emption rights, included when such rights exist
1. Property Plans: Official site plans, floor plans, and boundary details
2. Land Register Excerpts: Current extracts from the land register (Grundbuch)
3. Building Permits: Copies of existing building permits and related correspondence
4. Technical Due Diligence Report: Report on the technical condition of the building
5. Environmental Reports: Environmental assessment reports and certifications
6. Lease Overview: Schedule of existing leases and rental conditions
7. Service Contracts List: List of all service contracts affecting the property
8. Property Tax Assessment: Current property tax assessment and payment status
9. Energy Certificate: Current energy performance certificate
10. Encumbrances List: List of all encumbrances and easements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Financial Services
Retail
Manufacturing
Logistics & Warehousing
Healthcare
Hospitality
Technology
Professional Services
Education
Industrial
Energy & Utilities
Construction & Development
Infrastructure
Relevant Teams
Legal
Finance
Real Estate
Corporate Development
Operations
Risk & Compliance
Treasury
Tax
Facilities Management
Property Management
Business Development
Investment
Due Diligence
Asset Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Investment Manager
Facilities Manager
Asset Manager
Development Director
Finance Director
Acquisition Manager
Risk Manager
Commercial Director
Operations Director
Treasury Manager
Due Diligence Manager
Portfolio Manager
Compliance Officer
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