Hello everyone,
We have verbally been granted the purchase of a house built in 2019. However, the handover will only take place in summer 2025, as the owners are building a new property.
The purchase contract is now being drafted, and we are filling out the documents for the notary.
How would you include in the purchase contract a clause for the case that the owners do not move out by the agreed date, for example, if the handover of their new house has not been completed? Penalty payment or compensation?
And what would be an appropriate amount? Does anyone have experience with this?
We have verbally been granted the purchase of a house built in 2019. However, the handover will only take place in summer 2025, as the owners are building a new property.
The purchase contract is now being drafted, and we are filling out the documents for the notary.
How would you include in the purchase contract a clause for the case that the owners do not move out by the agreed date, for example, if the handover of their new house has not been completed? Penalty payment or compensation?
And what would be an appropriate amount? Does anyone have experience with this?
The search term "handover" is not very effective, and I can't think of a better one right now, but your topic is definitely a FAQ, meaning there is a thread about it several times a year.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
nordanney schrieb:
What would you agree on in the purchase contract? Nothing at all?
And if the sellers then refuse to move out, you have no leverage and must first file an eviction lawsuit and claim damages. Better to establish clear terms from the start.You may be right. However, I believe that a handover “in one year” does not require an extension.ypg schrieb:
a handover "in one year" does not require an extension.In that case, remove the extension and draft the contract as an enforceable document = eviction order. However, this is unusual and quite strict—almost every legal transaction includes at least a reminder or penalty before enforcement. I consider a grace period combined with a penalty fee to be fair.Thank you for your responses. We will arrange for compensation for use if the house is handed over to us after the agreed date.
The reason for the delayed handover is that the owners are building again.
We have received the checklist for the notary from the owners and have sent it back.
This is our first property purchase, so everything is completely new to us.
The reason for the delayed handover is that the owners are building again.
We have received the checklist for the notary from the owners and have sent it back.
This is our first property purchase, so everything is completely new to us.