Question: What points do you have to pay particular attention to when purchasing a house or land?
Answer: If you want to buy a property, it is particularly important to check the contract sufficiently. The notary is required to present the contract to both the buyer and the seller at least two weeks before signing. In this way, you can take your time and go through the individual clauses in peace. We tell you what is important.
Takeover of the name from the land register
With a sales contract, only that which is also named in it is always sold. Therefore, you should already keep your eyes open when naming the object of purchase and insist that the exact name be taken from the land register. Even small deviations can ensure that the contract is contestable. You can also request insight into the land register entry. Not infrequently in the land register further easements are recorded, which may not be described in the contract.
To insist on disclosure
Make sure that the contract has a priority mark. This ensures that you are really noted in the land register as a new owner. With such a reservation, you undertake to pay only if the omission has been recorded in writing. This secures both sides. If the buyer pays, he will then be entered in the land register. If he does not pay, the seller can pass this on and have the order removed again.
Define the transfer date
One point that you should definitely check again is the handover date. Again, what was stated in the contract applies. As a rule, the transfer date is the same as the payment date. Again, it’s about giving the buyer as well as the seller the chance to play it safe. The buyer wants to take over the property as soon as possible. The seller would like to be able to call the amount his own just as quickly. If both are carried out at the same time, both sides are satisfied.
For new properties, there is a warranty obligation for defects, which refers to five years. Especially with a used property, however, the warranty can be excluded by the seller. Make sure that a clause is included in the contract stating that a seller of used real estate is liable if it has knowingly concealed defects. The known shortcomings should also be recorded in the contract.
Insist on the energy certificates
For a long time, it was not a must for the seller to provide an energy certificate. However, this is different since 2009. Since then, there is a legal obligation, if the interested party requires the energy certificate to make it available. Refusal will result in a fine. Adhere to the request for the energy certificate in the contract.
Hints for the real estate purchase agreement at a glance
Buying a property is a high investment in which you want to play it safe. Use the time before signing the contract therefore and go through the contract in peace. It can also be worthwhile to invest in a lawyer specializing in real estate law. This can tell you exactly which clauses are still missing or should be revised. Plan the investment in a legal advice in the cost of the property directly.