With a view to the court rulings of the German Federal Supreme Court on the written form cure clause (Schriftformheilungsklausel), lease agreements increasingly contain the obligation of landlords to enter into a genuine contract for the benefit of the tenant (echter Vertrag zu Gunsten des Mieters) with the purchasers of the leased property under sale and purchase conditions, whereby the tenant can demand from the purchasers to conclude a supplement to the lease agreement on the agreement of a cure clause in their relationship:
"In order to guard the interests of the tenant, the landlord is obliged to put a purchaser under the obligation under sale and purchase conditions (agreement according to section 328 of the German Civil Code, BGB) to conclude a supplement with the tenant which contains a written form clause, if the tenant demands this."
Purchasers will however only be willing to agree to this, if their interests with respect to the written form are taken into consideration (i.e. there are no agreements under lease agreement provisions existing of which they are unaware). The following wording as suggestion:
"Tenant can only state its demand, if it, with specific reference to the agreements under lease agreement provisions existing between the parties, agrees to a declaration of completeness (Vollständigkeitserklärung) plus confirmation on the main contractual content (i.e. in particular, lease object, rent and term) within the framework of the supplement with the content, that in addition to the (written) agreements of the declaration of completeness no further agreements and side agreements in respect of the lease relationship exist, the parties cancel such agreements and side agreements by way of precaution and the tenant waives all possible rights and claims therefrom (including possible termination rights)."
