The Contract For Buying A House From Owner is a fundamental legal document used in German real estate transactions when purchasing residential property directly from the current owner. This document is essential in the German property market, where strict legal requirements govern real estate transfers. The contract must be notarized and include comprehensive details about the property, parties involved, purchase price, payment terms, and conditions for transfer of ownership. It serves to protect both buyer and seller interests while ensuring compliance with German property law, tax regulations, and land registry requirements. The document is particularly important as it forms the basis for the official property transfer in the land registry (Grundbuch) and triggers various legal obligations including property transfer tax (Grunderwerbsteuer).
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1. Parties (Vertragsparteien): Identification of seller and buyer with full legal names, addresses, and marital status (relevant for German property law)
2. Background (Vorbemerkung): Brief context of the sale and confirmation that the seller is the registered owner
3. Definitions (Definitionen): Key terms used throughout the agreement
4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, exact address, and size
5. Purchase Price (Kaufpreis): Agreed purchase price, payment terms, and escrow arrangements
6. Payment Terms (Zahlungsmodalitäten): Detailed payment schedule, method of payment, and banking details
7. Transfer of Ownership (Eigentumsübergang): Conditions and timing for the transfer of legal ownership
8. Property Condition (Beschaffenheit des Kaufobjekts): Current condition of the property, known defects, and any warranties
9. Possession Transfer (Übergabe): Date and conditions for physical handover of the property
10. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs, including notary fees, taxes, and registration costs
11. Representations and Warranties (Garantien und Zusicherungen): Seller's warranties about the property's condition and legal status
12. Encumbrances (Belastungen): Existing mortgages, easements, and plan for their removal or transfer
13. Land Register (Grundbuch): Current land register status and required changes
14. Execution (Unterschriften): Signature requirements and notarization provisions
1. Mortgage Arrangements (Finanzierungsregelungen): Include when buyer requires mortgage financing, detailing conditions and coordination with lender
2. Rental Situations (Mietverhältnisse): Include when property is currently rented, detailing existing tenancies and transition arrangements
3. Construction Obligations (Bauliche Verpflichtungen): Include when property requires specific construction or renovation work before or after sale
4. Pre-emptive Rights (Vorkaufsrechte): Include when there are existing pre-emptive rights that need to be addressed
5. Energy Certificate (Energieausweis): Include specific details about energy efficiency when certificate is available
6. Contamination Clause (Altlastenklausel): Include when there are concerns about potential ground contamination
7. Inventory (Inventar): Include when sale includes specific fixtures, fittings, or furniture
1. Land Register Extract (Grundbuchauszug): Current official extract from the land register
2. Property Plans (Grundstückspläne): Official site plans and building plans
3. Energy Certificate (Energieausweis): Current energy efficiency certificate
4. Property Inventory (Inventarverzeichnis): List of included fixtures, fittings, and furniture if applicable
5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
6. Property Photographs (Objektfotos): Current photographs documenting the property's condition
7. Maintenance Records (Wartungsnachweise): Documentation of recent maintenance and repairs
8. Tax Assessment (Grundsteuer-Bescheid): Current property tax assessment
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