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For Sale By Owner Real Estate Purchase Agreement for Germany

For Sale By Owner Real Estate Purchase Agreement Template for Germany

This document is a comprehensive real estate purchase agreement governed by German law, specifically designed for direct transactions between property owners and buyers without real estate agent involvement. It complies with German Civil Code (BGB) requirements, including mandatory notarization provisions and land registry regulations. The agreement covers all essential aspects of a property sale, including detailed property description, purchase price, payment terms, warranties, and transfer conditions, while ensuring compliance with German property transfer laws and tax regulations.

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What is a For Sale By Owner Real Estate Purchase Agreement?

The For Sale By Owner Real Estate Purchase Agreement is utilized in Germany when property owners wish to sell their real estate directly to buyers without involving real estate agents, thereby potentially reducing transaction costs. This document must comply with strict German legal requirements, including mandatory notarization under §311b BGB and registration in the land registry (Grundbuch). It encompasses crucial elements such as property details, purchase price, payment terms, warranties, and transfer conditions. The agreement is particularly relevant in today's real estate market where direct property sales are increasingly common, especially through digital platforms. It provides a structured framework for both residential and commercial property transactions while ensuring all legal requirements under German law are met.

What sections should be included in a For Sale By Owner Real Estate Purchase Agreement?

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status if relevant

2. Background: Brief 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, Completion Date, Purchase Price, and other relevant terms

4. Property Description: Detailed description of the property including land registry details (Grundbuch), exact address, and size

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

6. Payment Terms: Detailed structure of payments, including deposits and final payment requirements

7. Property Transfer: Terms for the legal transfer of the property, including notarization requirements and registration in the land registry

8. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and legal status

9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees

10. Handover Conditions: Terms for the physical handover of the property, including condition requirements and timing

11. Default and Remedies: Consequences of breach by either party and available remedies

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

13. Notarization: Acknowledgment of the requirement for notarization and agreement to cooperate in the process

What sections are optional to include in a For Sale By Owner Real Estate Purchase Agreement?

1. Existing Tenancies: Details of any existing rental agreements and their handling post-sale

2. Fixtures and Fittings: Detailed list of items included/excluded in the sale

3. Mortgage and Encumbrances: Handling of existing mortgages or other encumbrances

4. Environmental Matters: Specific environmental considerations or known issues

5. Building Permits: Status of building permits and any pending construction matters

6. Homeowners Association: Details of any homeowners association membership and obligations

7. Pre-emption Rights: Handling of any existing pre-emption rights (Vorkaufsrecht)

8. Special Use Rights: Any special use rights or easements affecting the property

9. Condition Precedents: Any conditions that must be met before completion

What schedules should be included in a For Sale By Owner Real Estate Purchase Agreement?

1. Property Plan: Official property plans and boundaries from the cadastre

2. Land Registry Extract: Current extract from the land registry (Grundbuchauszug)

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

4. Inventory List: Detailed inventory of included fixtures, fittings, and furniture if applicable

5. Property Photographs: Current photographs documenting the property's condition

6. Building Documentation: Relevant building permits, plans, and certificates

7. Existing Contracts: Copies of relevant existing contracts (maintenance, utilities, etc.)

8. Due Diligence Documents: Property tax assessments, utility bills, and other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions









































Clauses






























Relevant Industries

Residential Real Estate

Commercial Real Estate

Legal Services

Banking and Finance

Property Development

Construction

Real Estate Investment

Urban Development

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Operations

Administrative

Investment

Documentation

Due Diligence

Relevant Roles

Property Owner

Real Estate Investor

Legal Counsel

Notary

Property Manager

Real Estate Developer

Bank Manager

Financial Advisor

Tax Consultant

Property Assessor

Urban Planner

Construction Manager

Legal Administrator

Compliance Officer

Property Portfolio Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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