Agreement content

A real estate leasing agreement is clearly structured in terms of provisions and content by all providers, for example: 

  • agreement title
  • parties and recitals
  • preamble
  • particulars
    • specifics about the concrete leasing transaction
    • description of the leasing property
      • performance object
      • technical specifications
    • investment costs
    • leasing payment and payment terms and conditions
    • possible type of refinancing
      • establishing a base or reference rate
      • individual establishing of any possible early discharge compensation
    • normal leasing duration
    • processing fee
    • options fee
  • general terms and conditions
    • General Terms and Conditions (GTC)
    • rights and obligations of the parties to the agreement
      • acquisition phase
      • construction phase
      • usage phase
      • disposal phase
    • suspensive conditions
      • real estate purchase
        • leasing property
        • acquisition phase
      • main and subsidiary agreements
        • separate but linked agreements
        • independent agreements
        • subsidiary agreements
        • ancillary agreements
    • cancellation terms
    • time of performance 
    • place of performance
    • performance disruptions
    • assumption of ownership with the transfer of rights and obligations, usage and risks
    • warranties or disclaimers (rights and material warranty waivers), guarantees and assurances
    • cost items
    • insurance and costs
    • written requirement clause
    • applicable law and choice of law
    • jurisdiction
    • severability clause

The lessors maintain a certain standardisation in their policies for reasons of uniformity, completeness and comparability. 

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