The For Sale By Owner Purchase And Sale Agreement is essential for private property transactions in Germany where owners wish to sell their property directly without intermediaries. This document type is specifically designed to comply with German legal requirements, including mandatory notarization under the German Civil Code (BGB) and registration with the land registry (Grundbuch). It encompasses all necessary elements for a valid property transfer, including detailed property descriptions, price and payment terms, warranties, and specific German legal requirements such as energy certificates and transfer tax provisions. The agreement is particularly relevant in today's market where many property owners seek to manage their own sales process while ensuring full legal compliance and protection for all parties involved.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status (relevant under German property law)
2. Background: Context of the sale and confirmation that the seller is the registered owner of the property
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, address, and size
5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements
6. Payment Terms: Schedule of payments, including deposit and final payment requirements
7. Transfer of Ownership: Terms for transferring property title (Auflassung) and registration in the land register
8. Property Condition: Current condition of the property, known defects, and as-is provisions
9. Warranties and Representations: Seller's warranties regarding property ownership, encumbrances, and condition
10. Costs and Taxes: Allocation of transaction costs, including transfer tax, notary fees, and registration costs
11. Possession and Risk Transfer: Date and terms for transferring possession and associated risks
12. Notarization: Acknowledgment of notarization requirement and process
13. Governing Law: Confirmation of German law application and jurisdiction
14. Execution: Signature requirements and notarization provisions
1. Mortgage Arrangements: Used when existing mortgages need to be discharged or new mortgages arranged
2. Fixtures and Fittings: Used when specific items are included or excluded from the sale
3. Building Permits: Required when there are ongoing construction works or pending permits
4. Tenant Rights: Included when the property is sold with existing tenants
5. Environmental Conditions: Required when there are known environmental issues or special protections
6. Right of Withdrawal: Used for specific circumstances where a withdrawal right is granted
7. Homeowners Association: Required for properties subject to homeowners association rules
8. Pre-emptive Rights: Needed when there are existing pre-emptive rights (Vorkaufsrecht)
1. Land Register Extract: Current extract from the land register (Grundbuchauszug)
2. Property Floor Plans: Official floor plans and property measurements
3. Energy Certificate: Mandatory energy performance certificate (Energieausweis)
4. Property Tax Assessment: Current property tax assessment and payment status
5. Inventory List: Detailed list of included fixtures, fittings, and furniture if applicable
6. Building Documentation: Relevant building permits, certificates, and inspection reports
7. Photos: Documentary photographs of the property condition at time of sale
8. Utility Contracts: List of existing utility contracts and consumption information
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