A House Loan Agreement is a fundamental document used in German residential property financing transactions. This agreement is required whenever a bank or financial institution provides a loan for purchasing, renovating, or refinancing residential property in Germany. The document must comply with strict German banking regulations and consumer protection laws, including the implementation of EU directives. It contains detailed provisions on loan terms, security arrangements, borrower obligations, and mandatory disclosures required by German law. The agreement is typically prepared by the lending bank and must be notarized in accordance with German legal requirements. It serves as the primary contractual framework governing the lending relationship and includes various mandatory appendices such as the ESIS information sheet and withdrawal rights notice.
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1. Parties: Identification of the lender (bank) and borrower(s), including full legal names, addresses, and registration details
2. Background: Context of the loan agreement, including purpose of the loan and property details
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose of the loan
5. Interest Rate and Calculations: Detailed provisions on interest rate (fixed or variable), calculation method, and effective annual rate (effektiver Jahreszins)
6. Term and Repayment: Loan duration, repayment schedule, and installment amounts
7. Security and Mortgage: Details of the property mortgage (Grundschuld) and any additional security requirements
8. Disbursement Conditions: Prerequisites and conditions for loan disbursement
9. Borrower's Representations: Borrower's confirmations regarding financial status, property details, and accuracy of provided information
10. Borrower's Obligations: Ongoing obligations including property maintenance, insurance, and information requirements
11. Events of Default: Circumstances constituting default and their consequences
12. Bank's Rights and Remedies: Lender's rights in case of default or breach
13. Costs and Fees: All costs, fees, and charges associated with the loan
14. Final Provisions: Governing law, jurisdiction, severability, and amendment procedures
1. Co-Borrower Provisions: Additional terms when there are multiple borrowers - used when the loan involves co-borrowers or guarantors
2. Construction Provisions: Specific terms for construction loans - included when the loan is partly for construction purposes
3. Prepayment Terms: Detailed terms for early repayment - particularly important for fixed-interest loans with prepayment penalties
4. Interest Rate Adjustment: Terms for interest rate changes - included for variable rate loans
5. Property Use Restrictions: Specific requirements regarding property use - included for properties with special conditions or restrictions
6. Government Subsidy Terms: Additional terms for government-subsidized loans - included when state funding or benefits are involved
1. ESIS Information Sheet: European Standardised Information Sheet containing prescribed loan information
2. Repayment Schedule: Detailed amortization table showing all payments over the loan term
3. Property Valuation Report: Professional valuation of the property serving as security
4. Insurance Requirements: Detailed specifications for required property and life insurance
5. Fee Schedule: Comprehensive list of all applicable fees and charges
6. Right of Withdrawal Notice: Mandatory information about the borrower's right of withdrawal (Widerrufsbelehrung)
7. Property Documentation: Land register excerpts and property details
8. General Terms and Conditions: Bank's standard terms and conditions (Allgemeine Geschäftsbedingungen)
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