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Commercial Real Estate Purchase Contract

Commercial Real Estate Purchase Contract Template for Germany

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Key Requirements PROMPT example:

Commercial Real Estate Purchase Contract

"I need a Commercial Real Estate Purchase Contract for acquiring a multi-tenant office building in Berlin, with specific provisions for existing lease agreements and service contracts, scheduled to complete by March 2025."

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Document background
The Commercial Real Estate Purchase Contract is a fundamental document used in German property transactions when transferring ownership of commercial real estate properties. It must comply with German legal requirements, particularly the German Civil Code (BGB) and the German Notarization Act (BeurkG). This document is essential when purchasing commercial properties such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It includes comprehensive details about the property, price, payment terms, warranties, and transfer conditions. The contract must address specific commercial aspects such as existing tenancies, service contracts, and compliance with commercial property regulations. Given the significant value and complexity of commercial real estate transactions in Germany, this document requires careful preparation and mandatory notarization to ensure legal validity and protect all parties' interests.
Suggested Sections

1. Parties: Identification of seller and purchaser with full legal names, registration details for companies, and addresses

2. Background: Context of the transaction and brief description of the commercial property

3. Definitions: Key terms used throughout the agreement, including property-specific terminology

4. Property Description: Detailed description of the property including land registry details (Grundbuch), exact location, and measurements

5. Purchase Price: Agreed purchase price, payment terms, and escrow arrangements

6. Due Diligence Results: Confirmation of completed due diligence and material findings

7. Representations and Warranties: Seller's warranties regarding property condition, encumbrances, and legal status

8. Transfer of Ownership: Terms for Auflassung (conveyance) and registration in the land register

9. Closing Conditions: Prerequisites for completion including regulatory approvals and financing conditions

10. Costs and Taxes: Allocation of transaction costs, transfer taxes, and notary fees

11. Handover Provisions: Terms for physical handover of the property and transfer of associated documents

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Existing Tenancies: Details of current lease agreements and tenant arrangements, used when property is let

2. Environmental Provisions: Specific provisions regarding environmental issues or contamination, used when environmental risks are identified

3. Development Rights: Provisions regarding unused development potential or pending applications, used when development opportunities exist

4. Service Contracts: Treatment of existing service contracts and maintenance agreements, used when ongoing services exist

5. Financing Provisions: Specific provisions related to buyer's financing arrangements, used when purchase is financed

6. Employee Transfers: Provisions regarding transfer of employees, used when property includes operational business

7. VAT Election: VAT treatment of the transaction, used when applicable for commercial properties

8. Post-Closing Obligations: Specific obligations after closing, used when ongoing commitments exist

Suggested Schedules

1. Property Plan: Detailed plans and drawings of the property including boundaries and measurements

2. Land Register Extract: Current Grundbuch extract showing ownership and encumbrances

3. Building Permits: Copies of existing building permits and related correspondence

4. Technical Due Diligence Report: Report on building condition and technical systems

5. Environmental Reports: Environmental assessment reports and soil investigations

6. Lease Overview: Schedule of existing lease agreements and rental income

7. Service Contracts List: Overview of all service and maintenance contracts

8. Property Documentation: List of all property-related documentation to be transferred

9. Energy Certificate: Current energy performance certificate as required by law

10. Insurance Schedule: Details of existing insurance policies and claims history

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions








































Clauses








































Relevant Industries

Real Estate

Commercial Property Development

Retail

Industrial Manufacturing

Hospitality

Office Space Management

Logistics and Warehousing

Healthcare Facilities

Banking and Financial Services

Professional Services

Relevant Teams

Legal

Real Estate

Finance

Investment

Asset Management

Property Management

Risk and Compliance

Corporate Development

Facilities Management

Treasury

Relevant Roles

Real Estate Director

Chief Financial Officer

Property Manager

Legal Counsel

Commercial Property Lawyer

Investment Manager

Asset Manager

Development Director

Facility Manager

Real Estate Broker

Commercial Director

Risk Manager

Transaction Manager

Due Diligence Manager

Corporate Real Estate 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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