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House Loan Contract for Germany

House Loan Contract Template for Germany

A German house loan contract (Immobiliendarlehensvertrag) is a legally binding agreement between a financial institution and a borrower for financing residential property in Germany. The document is governed by German law, particularly the German Civil Code (BGB) and Banking Act (KWG), and incorporates requirements from EU mortgage lending directives. It details the loan amount, interest rates, repayment terms, security arrangements through property mortgage (Grundschuld), borrower obligations, and specific consumer protection provisions required under German law. The contract must comply with strict German banking regulations and consumer protection requirements, including mandatory disclosure and withdrawal rights.

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House Loan Contract

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What is a House Loan Contract?

The House Loan Contract (Immobiliendarlehensvertrag) is a fundamental document in German property financing, used when individuals seek bank financing to purchase, construct, or renovate residential property. This contract type is essential in the German market, where approximately 50% of residential property transactions involve bank financing. The document must comply with strict German banking regulations, including the German Civil Code (BGB), Banking Act (KWG), and EU-derived regulations implemented in German law. It contains detailed provisions on loan terms, security arrangements, borrower obligations, and mandatory consumer protection elements. The contract is typically executed in conjunction with a property mortgage (Grundschuld) registration and requires notarization for the security components. It's designed to protect both the lender's security interests and the borrower's consumer rights under German law.

What sections should be included in a House Loan Contract?

1. Parties: Identification of the lender (credit institution) and borrower(s) with 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 Details: Principal amount, purpose, interest rate (fixed or variable), effective annual rate (effektiver Jahreszins), and total amount payable

5. Term and Repayment: Duration of the loan, repayment schedule, installment amounts, and payment dates

6. Interest Provisions: Detailed interest calculation method, interest periods, and conditions for interest rate changes if applicable

7. Security: Details of the mortgage (Grundschuld) registration and other security arrangements

8. Disbursement Conditions: Prerequisites and conditions for loan disbursement

9. Borrower's Representations: Borrower's confirmations regarding financial situation, 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 consequences thereof

12. Early Repayment: Conditions and fees for early repayment (Vorfälligkeitsentschädigung)

13. Costs and Fees: All costs, fees, and charges associated with the loan

14. Final Provisions: Governing law, jurisdiction, severability clause, and form requirements

What sections are optional to include in a House Loan Contract?

1. Construction Provisions: Required when the loan is for new construction, including drawdown schedule and construction milestones

2. Interest Rate Hedging: Required when interest rate hedging products are part of the loan arrangement

3. Additional Borrowers: Required when there are multiple borrowers, specifying joint and several liability

4. Government Subsidies: Required when the loan includes KfW or other government funding programs

5. Property Usage Restrictions: Required when there are specific requirements regarding property usage or rental

6. Insurance Requirements: Detailed insurance requirements beyond standard provisions, if applicable

What schedules should be included in a House Loan Contract?

1. Repayment Schedule: Detailed amortization table showing all payments, interest, and principal portions

2. Property Description: Detailed description of the property including land register details (Grundbuchauszug)

3. ESIS Information Sheet: European Standardised Information Sheet as required by EU regulations

4. Interest Rate Terms: Detailed terms for interest rate calculations and adjustments

5. Fee Schedule: Comprehensive list of all fees and charges

6. Required Insurance: Details of required insurance coverage and minimum terms

7. Direct Debit Authorization: SEPA direct debit mandate for loan payments

8. Right of Withdrawal Notice: Mandatory information about the borrower's right of withdrawal (Widerrufsbelehrung)

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate

Legal Services

Insurance

Construction & Development

Mortgage Brokerage

Property Management

Public Administration

Relevant Teams

Legal

Mortgage Services

Credit Risk

Compliance

Real Estate Finance

Consumer Banking

Operations

Document Management

Client Advisory

Property Valuation

Regulatory Affairs

Relevant Roles

Loan Officer

Mortgage Specialist

Banking Legal Counsel

Real Estate Attorney

Credit Risk Manager

Compliance Officer

Property Appraiser

Mortgage Broker

Banking Operations Manager

Consumer Protection Officer

Real Estate Agent

Notary

Property Developer

Financial Advisor

Bank Branch 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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