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Real Estate Loan Agreement for Germany

Real Estate Loan Agreement Template for Germany

A comprehensive legal document governed by German law that establishes the terms and conditions for a real estate financing arrangement between a lending institution and a borrower. The agreement complies with German Civil Code (BGB) requirements and incorporates consumer protection provisions under German banking regulations. It details loan amount, interest rates, repayment terms, property security arrangements, and includes mandatory disclosures required by German financial services regulations. The document also covers property-specific requirements, mortgage provisions, and addresses both the financial and real estate aspects of the transaction in accordance with German property law.

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What is a Real Estate Loan Agreement?

The Real Estate Loan Agreement is a fundamental document in German property financing transactions, used when providing secured financing for property acquisition, construction, or refinancing. This document type must comply with strict German regulatory requirements, including the German Civil Code (BGB), Banking Act (KWG), and consumer protection laws. It contains essential provisions regarding loan terms, security arrangements, borrower obligations, and lender rights, while incorporating mandatory consumer protection elements required under German law. The agreement serves as the primary contractual framework governing the lending relationship and includes crucial details about the property security, making it essential for both residential and commercial real estate transactions in Germany.

What sections should be included in a Real Estate Loan Agreement?

1. Parties: Identification of the lender (credit institution) and borrower(s), including full legal names, addresses, and registration details

2. Background: Context of the loan, purpose (property purchase/refinancing), and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement, including technical banking and real estate terminology

4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose of the loan

5. Interest Rate and Calculations: Detailed terms of interest rate (fixed/variable), calculation method, and effective annual rate (APR)

6. Term and Repayment: Loan duration, repayment schedule, installment amounts, and early repayment provisions

7. Security and Mortgage: Details of the property mortgage, ranking, and additional security requirements

8. Disbursement Conditions: Prerequisites for loan disbursement, including required documentation and conditions precedent

9. Borrower Representations: Borrower's confirmations regarding financial status, property ownership, and accuracy of provided information

10. Borrower Covenants: Ongoing obligations including property maintenance, insurance, and financial reporting requirements

11. Events of Default: Circumstances constituting default and consequences thereof

12. Bank's Rights and Remedies: Lender's rights in case of default, including enforcement and acceleration provisions

13. Costs and Fees: All costs associated with the loan, including processing fees, notary costs, and enforcement expenses

14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Real Estate Loan Agreement?

1. Construction Provisions: Required when the loan is for property construction or renovation, including drawdown schedules and construction milestones

2. Co-Borrower Provisions: Needed when there are multiple borrowers, defining joint and several liability

3. Guarantor Provisions: Including when third-party guarantees are part of the security package

4. Interest Rate Hedging: Required for variable rate loans with hedging requirements

5. Subsidy Provisions: Needed when government subsidies or promotional loans are involved

6. Property Management: Required for commercial real estate loans with specific management requirements

7. Pre-payment Protection: Details of prepayment penalties and break costs, if applicable

What schedules should be included in a Real Estate Loan Agreement?

1. Property Description: Detailed description of the property including land register details (Grundbuch)

2. Repayment Schedule: Amortization table showing all payments throughout the loan term

3. Interest Rate Terms: Detailed interest calculations and adjustment mechanisms for variable rates

4. Fee Schedule: Comprehensive list of all applicable fees and charges

5. Required Insurance: Specifications for property insurance and any other required insurance

6. Form of Drawdown Notice: Template for requesting loan disbursements

7. Security Documents: Forms of mortgage and other security documents

8. SCHUFA Declaration: Credit check authorization and information

9. Right of Withdrawal Notice: Mandatory consumer protection withdrawal form (Widerrufsbelehrung)

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

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses






































Relevant Industries

Banking & Financial Services

Real Estate

Construction

Insurance

Legal Services

Property Development

Residential Housing

Commercial Real Estate

Public Housing

Investment & Asset Management

Relevant Teams

Legal

Credit Risk

Real Estate Finance

Compliance

Operations

Documentation

Corporate Banking

Retail Banking

Risk Management

Property Finance

Credit Administration

Investment Banking

Relevant Roles

Loan Officer

Credit Manager

Real Estate Finance Manager

Legal Counsel

Compliance Officer

Risk Manager

Property Finance Specialist

Mortgage Advisor

Banking Operations Manager

Real Estate Portfolio Manager

Credit Risk Analyst

Corporate Banking Manager

Real Estate Investment Manager

Contract Manager

Documentation Specialist

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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