ᐅ Right of First Refusal – How Can I Find Out if Such a Right Exists?

Created on: 27 Aug 2018 20:52
S
Specki
S
Specki
27 Aug 2018 20:52
Hello,

we would like to sell an apartment in a residential building.

Is there a way to find out if anyone has a right of first refusal on the apartment? Perhaps the local authority or something similar?

Maybe someone here knows.

Regards
Specki
F
Fuchur
27 Aug 2018 20:57
For apartments, there is usually no right of first refusal. Public rights of first refusal arise from the building code or municipal regulations, while individual rights are recorded in the land register.
N
nordanney
27 Aug 2018 21:42
Possibly a right of first refusal for the tenant due to the conversion into condominium ownership (if the apartment is rented).

Otherwise, Fuchur has covered everything on the topic. At the latest, the notary will address this issue in the purchase agreement.
S
Specki
27 Aug 2018 22:06
Ok. The apartment has not been rented out for 20 years.
So, will I definitely only find out about this from the notary when they prepare the sale contract? Or can they tell me earlier?
F
Fuchur
27 Aug 2018 22:27
Well, the source is mentioned above. In 99% of cases, there isn't any. For the last 1%, a request to the local authority and a look into the land register (or you should already know the most recent status yourself) will clarify things.
Y
ypg
27 Aug 2018 22:45
Specki schrieb:
Ok. The apartment hasn’t been rented out for 20 years. So I’ll definitely only find out from the notary when they prepare the sale contract? Or can they tell me earlier?

You can also ask for their assistance before the contract signing... or actually, they will automatically check this when they order the land registry records.