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Purchase offer template for Germany

Letter of intent to buy (non-binding offer)Kaufabsichtserklärung (unverbindliches Kaufangebot)

A short letter from the buyer to the seller or the estate agent that states the price, the financing and the conditions at which the buyer wants to buy. It does not bind either side. In Germany only a contract recorded by a notary obliges anyone to buy or sell land (BGB § 311b).

Use it after a viewing, when you want to buy and want to set out your price and terms before the notary drafts the contract. Agents often ask for one, together with a financing confirmation from your bank, before they pass a buyer to the seller. Send it to the seller, or to the agent who holds the seller's mandate. Do not use it to reserve the property against payment, and do not sign a separate reservation agreement with a fee.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country
Binding effect
None. A contract that obliges a party to buy or sell land is valid only as a notarial deed (BGB § 311b(1)).
Reservation fee
A non-refundable reservation fee in an agent's standard terms is invalid (BGH, 20 April 2023, I ZR 113/22).
Reservation agreement
A reservation agreement linked to the purchase can itself need a notarial deed.
Broker contract
Text form required for the sale of a flat or a single-family house (BGB § 656a).
Commission, agent for both sides
Buyer and seller pay the same amount (§ 656c).
Commission, agent hired by seller
The buyer can be made to pay only if the seller still pays at least the same amount (§ 656d).
Draft contract
Business seller and consumer buyer: the notary should give the buyer the text two weeks before signing (BeurkG § 17(2a)).
Draft between private persons
The two-week rule does not apply. You can still ask for it.
Land transfer tax
3.5% to 6.5% of the price, depending on the Land (GrEStG § 11; rates set by the Länder).

The document

Text shown

You sign the German version. The English version helps you understand it. Your answers fill both.

Letter of intent to buy (non-binding offer)

  1. 1.Sender, recipient and subject

    1. 1.1

      Full name of each buyer, Buyer's address, Buyer's phone and email. To Seller or estate agent, Recipient's address. Place of writing, Date of writing.

      If you write to the agent, add "für den Eigentümer" and the seller's name if known.

    2. 1.2

      Subject: Letter of intent to buy the property at Address of the property, your reference Listing or agent reference.

      Give the reference number in the agent's brochure (Exposé), if any.

  2. 2.Property

    1. 2.1

      Dear Sir or Madam, following the viewing, I declare my serious interest in buying the following property: Description of the property, located at Address of the property, entered in the land register Land register entry, if known.

      The entry identifies the property. The notary checks it. For a flat, add the unit number in the division declaration.

  3. 3.Price

    1. 3.1

      For the property, which is offered at a price of Asking price euros, I offer a purchase price of Offered price euros (in words: Offered price in words euros).

      Land transfer tax, notary and land registry fees and any agent's commission come on top of this price.

    2. 3.2

      Optional

      The price includes the following movable items sold with the property: Items included in the price. Their share of the price is Value of the included items euros.

      Delete this clause if nothing is sold with the property. If you keep it, make sure the notarial contract lists the same items and value.

  4. 4.Financing

    1. 4.1

      Optional

      I will finance the purchase with own funds of Own funds euros and a loan from Lending bank of Loan amount euros. I will provide a financing confirmation from the bank by Financing proof due date.

      Keep this clause or the next one. Use this one if you need a loan.

    2. 4.2

      Optional

      I will finance the purchase entirely from own funds of Own funds euros. I will provide proof by Financing proof due date.

      Keep this clause or the previous one. Use this one for a cash purchase. The notary will also ask where the funds come from to meet anti-money-laundering rules.

  5. 5.Conditions

    1. 5.1

      My offer assumes that, before the notarial signing, I receive and can check a current land register extract, the energy performance certificate and, for a flat, the declaration of division with the community rules, the collection of resolutions, the minutes of the owners' meetings of the last three years, the current budget, the last annual statement and the balance of the maintenance reserve.

      Only owners and people they authorise can inspect the land register and the collection of resolutions, so ask the seller for copies or a written authorisation.

    2. 5.2

      Further conditions: Other conditions.

      Examples: a survey by an expert, or vacant possession.

  6. 6.Notary and timetable

    1. 6.1

      I propose Proposed notary as the notary to record the contract. I ask that the notary prepares the draft purchase contract and sends it to me at least two weeks before the signing appointment.

      The buyer pays notary and land registry costs by default (BGB § 448(2)), so usually proposes the notary. The notary acts for both parties and stays neutral.

    2. 6.2

      I aim for the notarial signing by Target date for the notarial signing and for the handover of the property on Desired handover date.

  7. 7.Non-binding nature

    1. 7.1

      This declaration is a non-binding letter of intent. It creates no obligation for me or for the owner to buy or to sell. A purchase contract is formed only when it is recorded by a notary (section 311b(1) BGB).

    2. 7.2

      I will make no payment, in particular no reservation fee, before the notarial purchase contract is concluded.

      This protects you from a later claim that you agreed to a reservation fee.

  8. 8.Validity

    1. 8.1

      This offer stands until Date until which the offer stands. I ask for your reply by that date.

      Set a short period. The date tells the seller when you will look elsewhere. It does not bind you.

  9. 9.Signature

    1. 9.1

      Yours faithfully, Full name of each buyer (signature of each prospective buyer).

Formalities

  1. No form, witness or notary is needed. Sign and date the letter, send it by email or post, and keep a copy.
  2. The letter creates no duty to buy or to sell. The seller may accept another buyer until the notarial contract is signed.
  3. Pay no money with the letter.
  4. If you engage the agent yourself, the broker contract for a flat or a single-family house must be in text form.
  5. If both buyer and seller pay the agent, they pay equal shares.
  6. The next step is the notary's draft contract. In a sale between private persons there is no fixed period for it, so ask for the draft early.
  7. By default the buyer pays the notary and land registry costs, and the land transfer tax of 3.5% to 6.5% of the price, set by each Land.

Common mistakes

  • Treating the letter as a closed deal. Until the notary records the contract, the seller can sell to someone else and you can walk away.
  • Spending before the notarial contract. Costs you incur before it, such as a survey or bank fees, are at your own risk.
  • Paying a reservation fee. A reservation deal that pressures you to buy can be void without a notarial deed. Pay nothing before the notary's due-date notice.
  • Agreeing extras outside the deed. Put a fitted kitchen, furniture or a handover date in the notarial contract. A side deal left out can void the whole contract.
  • Offering without a financing confirmation. Most sellers and agents ask for one. The notarial contract has no loan condition unless the parties agree one.
  • Forgetting the purchase costs. Add the land transfer tax, the notary and land registry fees and any agent's commission before you name a price.
  • Naming a price before you see the land register extract and, for a flat, the condominium documents. Use the due diligence checklist first.

Legal basis

Sources

Describe the home you want