The Purchase Agreement For Commercial Property is a critical document used in German commercial real estate transactions to formalize the transfer of property ownership. It must comply with German legal requirements, particularly the German Civil Code (BGB) and Land Registry Act (GBO), and requires mandatory notarization. This document is essential when acquiring or disposing of commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It contains detailed provisions covering property description, purchase price, payment terms, warranties, and encumbrances, along with specific commercial considerations such as existing tenancies, service contracts, and regulatory compliance. The agreement serves as the foundation for the property transfer process through the German land registry system.
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1. Parties: Detailed identification of the seller and purchaser, including full legal names, registration details for companies, and addresses
2. Background (Recitals): Context of the transaction, including brief property description and transaction purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed legal description of the property, including land registry details (Grundbuch information), exact measurements, and boundaries
5. Purchase Price: Specification of purchase price, payment terms, escrow arrangements, and any VAT implications
6. Due Diligence Findings: Confirmation of property inspection and due diligence results
7. Transfer of Ownership: Mechanics and timing of property transfer (Auflassung), including notarization requirements
8. Representations and Warranties: Seller's warranties regarding property title, condition, and disclosed information
9. Encumbrances: Statement on existing encumbrances and their handling post-completion
10. Costs and Taxes: Allocation of transaction costs, including real estate transfer tax, notary fees, and registration costs
11. Handover: Property handover procedures, including utilities, keys, and documentation
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
14. Execution: Execution requirements and notarization provisions
1. Existing Tenancies: Details of existing lease agreements and their treatment post-completion - include when property has current tenants
2. Environmental Provisions: Specific provisions regarding environmental conditions or contamination - include when property has potential environmental issues
3. Development Rights: Provisions regarding unused development potential or pending applications - include when relevant to property value
4. Property Management: Interim management arrangements between exchange and completion - include for complex commercial properties
5. Service Contracts: Treatment of existing service contracts - include when property has ongoing service arrangements
6. Intellectual Property: Transfer of associated intellectual property rights - include when property includes trading names or brands
7. Employee Matters: Provisions regarding existing employees - include when property sale includes transfer of employees
8. Post-Completion Obligations: Specific obligations after completion - include when parties agree to post-completion arrangements
1. Property Plans: Official cadastral plans and property drawings
2. Land Register Excerpts: Current Grundbuch excerpts showing ownership and encumbrances
3. Inventory List: List of included fixtures, fittings, and equipment
4. Existing Leases: Copies of all current lease agreements
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Certificate: Current energy performance certificate
7. Technical Due Diligence: Technical survey reports and assessments
8. Environmental Reports: Environmental surveys and contamination reports
9. Service Contracts: List and copies of ongoing service contracts
10. Property Photos: Current photographs of the property
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