The Residential Sale Contract (Kaufvertrag für Wohnimmobilien) is a fundamental legal document used in German property transactions for transferring residential property ownership. This document is essential when selling or purchasing any residential property in Germany, whether it's an apartment, house, or condominium. The contract must comply with strict German legal requirements, including mandatory notarization and specific provisions under the German Civil Code (BGB). It details all aspects of the property transfer, including precise property description, purchase price, payment terms, warranties, and ownership transfer conditions. The document also incorporates necessary provisions for land registry registration, energy certification, and any existing encumbrances or special conditions. It serves as the primary legal instrument for protecting both buyer's and seller's interests while ensuring compliance with German property law and tax regulations.
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1. Parties (Parteien): Identification and details of the seller and buyer, including full legal names, addresses, and marital status if relevant
2. Background (Vorbemerkung): Context of the sale and brief description of the property
3. Definitions (Definitionen): Key terms used throughout the agreement
4. Property Description (Kaufgegenstand): Detailed description of the property including land registry details, exact location, and size
5. Purchase Price (Kaufpreis): Agreed purchase price and payment terms
6. Payment Terms (Zahlungsmodalitäten): Details of how and when payments will be made, including escrow arrangements
7. Transfer of Ownership (Eigentumsübertragung): Conditions and process for transferring property ownership
8. Warranties (Gewährleistungen): Seller's warranties regarding the property's condition and legal status
9. Property Condition (Zustand des Kaufobjekts): Current condition of the property and any known defects
10. Handover (Übergabe): Terms and timing of property possession transfer
11. Costs and Taxes (Kosten und Steuern): Distribution of transaction costs and tax obligations
12. Land Registry (Grundbuch): Provisions regarding land registry entries and changes
13. Notarization (Beurkundung): Confirmation of notarial requirements and authorizations
1. Existing Tenancies (Bestehende Mietverhältnisse): Used when the property is currently rented and details of existing tenancy agreements need to be addressed
2. Mortgage Arrangements (Grundpfandrechte): Required when existing mortgages need to be addressed or new financing arrangements need to be documented
3. Development Obligations (Bauliche Verpflichtungen): Included when there are pending construction or renovation requirements
4. Rights of Way (Wegerechte): Necessary when there are existing or required easements or rights of way
5. Environmental Issues (Umweltaspekte): Required when there are environmental considerations or contamination issues
6. Pre-emption Rights (Vorkaufsrechte): Included when there are existing pre-emption rights that need to be addressed
7. Special Use Provisions (Sondernutzungsrechte): Used for properties with special use rights or restrictions
1. Property Plans (Grundrissplan): Floor plans and property boundaries
2. Land Registry Extract (Grundbuchauszug): Current extract from the land registry
3. Energy Certificate (Energieausweis): Mandatory energy performance certificate
4. Property Inventory (Inventarliste): List of items included in the sale
5. Building Permits (Baugenehmigungen): Copies of relevant building permits and certificates
6. Property Photographs (Objektfotos): Current photographs documenting the property's condition
7. Technical Due Diligence (Technische Prüfberichte): Reports on building condition, structural surveys, etc.
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