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Conditional Deed Of Sale

Conditional Deed Of Sale Template for Germany

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Key Requirements PROMPT example:

Conditional Deed Of Sale

"I need a Conditional Deed of Sale under German law for the purchase of a commercial warehouse property in Munich, where completion is conditional upon obtaining planning permission for conversion to retail use by March 2025, with a purchase price of €2.5 million."

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Document background
The Conditional Deed of Sale (bedingter Kaufvertrag) is a sophisticated legal instrument used in German property transactions where the transfer of ownership is subject to specific conditions. This document is particularly utilized when certain prerequisites must be met before the sale can be completed, such as obtaining planning permission, securing financing, or resolving existing encumbrances. The deed must comply with strict German legal requirements, including mandatory notarization and registration procedures. It provides comprehensive protection for both parties by clearly defining the conditions, payment terms, warranties, and completion mechanics. The document is essential in complex property transactions where immediate transfer is not possible or desirable, and it must incorporate all requirements under the German Civil Code (BGB) and relevant property laws.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the sale, brief description of the property, and purpose of the conditional arrangement

3. Definitions: Key terms used throughout the deed, including property definition, completion date, and condition definitions

4. Property Description: Detailed description of the property including land register details, cadastral information, and physical boundaries

5. Purchase Price: Specified purchase price, payment terms, and escrow arrangements if applicable

6. Conditions: Detailed description of all conditions precedent and/or subsequent that must be fulfilled for the sale to complete

7. Completion Mechanics: Process and requirements for completing the transfer once conditions are met

8. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition

9. Rights and Obligations: Parties' rights and obligations during the conditional period

10. Property Handover: Terms and process for physical handover of the property

11. Costs and Taxes: Allocation of transaction costs, taxes, and fees between parties

12. Notices: Communication requirements and contact details for formal notices

13. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Existing Tenancies: Details of any existing tenancy agreements, used when property is sold with sitting tenants

2. Mortgage Details: Information about existing mortgages and their discharge, used when property is encumbered

3. Environmental Provisions: Special provisions regarding environmental conditions or contamination, used for industrial or potentially contaminated properties

4. Development Conditions: Special provisions regarding future development rights or restrictions, used when sale is conditional on development approval

5. Third Party Rights: Details of any third party rights affecting the property, used when such rights exist

6. Property Management: Arrangements for property management during the conditional period, used for commercial properties

7. Insurance: Special insurance requirements during the conditional period, used for high-value or high-risk properties

Suggested Schedules

1. Property Details: Detailed technical description of the property, including plans and boundaries

2. Land Register Extract: Current certified extract from the German land register (Grundbuch)

3. Cadastral Plans: Official cadastral plans and measurements

4. Condition Evidence: Documentation relating to the fulfillment of conditions

5. Existing Contracts: Copies of relevant existing contracts affecting the property

6. Property Certificates: Energy certificates, building permits, and other relevant certificates

7. Payment Schedule: Detailed schedule of payment terms and installments if applicable

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

Residential Property

Industrial Property

Agriculture

Urban Development

Construction

Banking and Finance

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Finance

Compliance

Development

Asset Management

Risk Management

Corporate Affairs

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Investment Manager

Legal Counsel

Notary

Real Estate Agent

Property Surveyor

Commercial Director

Finance Manager

Compliance Officer

Property Portfolio Manager

Real Estate Investment Analyst

Development Director

Asset 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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