ᐅ Notary contract. What should be considered? What to include in the contract?
Created on: 6 Aug 2014 20:03
W
Witalja
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 Additionally, the doorbell does not work, probably due to the outdated telephone system.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. 🙂
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 Additionally, the doorbell does not work, probably due to the outdated telephone system.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. 🙂
The final purchase contract specifying the exact purchase price is only signed at the notary’s office; until then, negotiations are possible. The seller can agree to this but is not obligated to do so.
In general, when buying a used property, there is no entitlement to a specific condition; this only applies when purchasing a new house, where warranties are provided.
Therefore, the notary will not document defects in windows or other parts of the property. The buyer usually has the opportunity to have the property thoroughly inspected by professionals. If the buyer fails to identify defects, then it is simply their misfortune.
In general, when buying a used property, there is no entitlement to a specific condition; this only applies when purchasing a new house, where warranties are provided.
Therefore, the notary will not document defects in windows or other parts of the property. The buyer usually has the opportunity to have the property thoroughly inspected by professionals. If the buyer fails to identify defects, then it is simply their misfortune.
Witalja schrieb:
ypg, you are mistaken. The house was actually already sold, but because I had accidentally offered 2000€ more, as I found out later, the contract was awarded to me.
And I would appreciate if all bathroom accessories were removed. Even if the toilet were made of marble, everything will be taken out anyway.
Dirk, that may be true, but I will contact the seller this evening.So you are at the stage where you know all the visible defects and can make your final offer accordingly. By then, you should also have been aware of the window situation, etc. 😉
By the way, the bathroom accessories are just a metaphor 🙂
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