ᐅ Notary contract. What should be considered? What to include in the contract?

Hello dear users,

As we are about to purchase an existing property, I would like to ask which points we should consider in the notarized purchase agreement and what tips you might have regarding what to include in the contract to ensure we are fully protected. I have read, among other things, that existing defects should be listed. But what advantage does that bring if, for example, item X is defective and I am already aware of it and still decide to buy the property under these conditions? Or is it more about the fact that defects not listed are considered unknown, so that you keep the option open to challenge something later if needed?

We have now noticed the following: During the viewing, we were told that all windows had been completely replaced. However, this is not entirely true. The frame of the living room window was not replaced and looks quite worn (only the glass panes were replaced). There is also a pipe in the garden that leads to the well but unfortunately is not working (we had not seen this before). Additionally, the doorbell does not work, probably due to the outdated telephone system. We only recently received this information from the current tenant. How should we best communicate this?

I look forward to your suggestions. 🙂

Hello,

first of all – I will not provide any legal advice here, as this is reserved exclusively for legal professionals in Germany!

Witalja schrieb:

I have read, among other things, that existing defects should be documented. What use is that to me if, for example, item X is defective and I am aware of it but still buy the property under these circumstances? Or is it more about the fact that unlisted defects are necessarily unknown, so that you keep the option open to contest something afterwards if needed?

First, you need to distinguish between “normal” signs of wear and tear and defects that have been fraudulently concealed, such as a damp basement. The condition of the used property is outlined as far as possible in the notarial contract; if a valuation report is available, it is usually included as part of the contract. The notary – who you appoint – owes duties to both you and the seller and will therefore point out certain aspects to you.

It is common knowledge that a used house does not have the value of a new one. However, if it turns out after moving in, for example, that it was concealed that the windows are single-glazed rather than double-glazed, that would certainly give rise to “food for thought” 😉

Witalja schrieb:

How should we best communicate this?

Just like here. People who communicate usually can be helped.

Regards, Bauexperte

Witalja schrieb:
....

Now we noticed the following: During the viewing, we were told all the windows had been completely replaced. However, this isn’t entirely true. The frame of the living room window was not replaced and looks quite worn (only the glass panes were replaced). There is also a pipe in the garden that leads to the well, which unfortunately does not work (we didn’t see this before). In addition, the doorbell doesn’t work, probably due to an outdated telephone system. We only recently received this information from the current tenant. What would be the best way to communicate this?

I look forward to your suggestions. 🙂

The condition is: purchased as seen. This will be stated similarly, if not in the exact wording, in the notarized purchase agreement.

Of course, as @Bauexperte suggests, you can discuss defects. Nevertheless, the offer relates to the used property as is. If you believe something still needs renovation (whether a window does not match the offer or the interior doors differ from what was listed in the brochure), then you simply need to propose a different price.

What counts is not the brochure, which is intended to attract interest, but the property itself. It is your responsibility to inspect and check everything, including the kitchen appliances. If you want to negotiate a lower price because of a defective doorbell, go ahead (maybe 50 euros???). However, used properties are generally valued with a flat rate, e.g., 1,000 euros per square meter plus the land value for a property in need of renovation. It is quite common that some things are not working and repair bills may increase the cost of starting fresh. You will not have a legal claim unless, as Bauexperte says, there is fraudulent misrepresentation.

This does not include a damp wall in the basement that has been permanently covered with wood, so the owners may not even be aware of it. And broken doorbells are not grounds either 🙂 Purchased as seen. The sellers can theoretically remain silent during the viewing.

Thank you for your responses. I just find it unfortunate that he didn’t point out any defects or express them directly, as he should be aware of the issues mentioned. The doorbell is the least of the problems, but I will address the fact that the window frame wasn’t replaced. In my opinion, this leads to a significant loss of value since it is a very large window, and replacing it would be costly.

The tenants also mentioned that the carpet still belongs to the landlord. I can include a clause about this in the contract, right? We plan to make quite a few renovations in the house, and I don’t want to have to deal with the previous tenant’s work as well.

Why???

I sold my house just a year ago, which I had bought 15 years ago...

I don’t recall any specific “conditions” being listed or named! The only thing I had included was the fact that the buyers were informed about the asbestos in the roof, as I was legally required to disclose this. Everything else is reflected in the price. The contract documents the sale of a parcel of land with a property, for example, a basement-equipped single-family house, built in 1980.

You need to move beyond your “tenant rights” mindset: the seller does not owe you anything — you either want the house or you don’t. As it is. If you don’t buy it, someone else will.

By the way, I understand it as common practice to highlight the advantages when selling, not the defects 😉

Witalja schrieb:
... In my opinion, that represents a significant loss in value, since it is a very large window and replacing it would be expensive.

To repeat: if the house is not worth the price, then you offer what the house is worth to you personally. You negotiate the purchase price accordingly!

Witalja schrieb:
... We are going to do quite a lot to the house, and I don’t want to take on someone else’s work as well.

You’re mistaken: if you want to buy the house, it’s your/your family’s work for your own home, not someone else’s... tsk tsk and shaking my head 🙄