ᐅ Outstanding Issues When Buying a Semi-Detached House with a Neighbor

Hello,

this is not a new build, but I am considering buying a semi-detached house in a very nice location. The building inspector who accompanied me through the house noticed the following at the junction with the neighbor’s property (I have a photo):

>>>During visual inspection, it was found that the new metal flashing on the building in question, at the adjoining neighbor’s house, is poorly executed. This flashing was installed as part of the neighbor’s building extension and can only be a temporary solution.

According to plumbing guidelines, this is a construction defect because the metal flashing is improperly connected to the adjoining structural element (neighbor’s masonry). Additionally, due to the missing exterior render and the texture of the unrendered masonry, rainwater can penetrate between the flashing and the masonry, potentially causing moisture damage to the underlying masonry.

The exterior wall should be properly rendered as soon as possible, and the metal flashing also needs to be professionally replaced.
<<

How should I proceed? Would a written agreement be sufficient to protect me, confirming that the neighbor will complete the work after signing with a notary?

How secure is this approach, and how would you handle it?

A second point: in the basement, there are two small damp spots with minor mold growth. These are supposed to be opened up, sealed properly, and included in the purchase contract. The house was built in 1993; otherwise, everything is in good condition.

How would you proceed, especially regarding the first issue?

Please let me know if anything is unclear.

Thank you, Thorsten

Well, what does the neighbor have to do with your purchase? I think your chances are rather low. The current seller would need to address it and possibly cover part of the costs.

Hello Thorsten,

Thorsten111 schrieb:

>>>Upon visual inspection, it was found that the new metal flashing of the building in question, connecting to the neighboring house, is poorly executed. This flashing was installed during the extension of the neighboring building and can only be a temporary solution.

According to plumbing standards, this is a construction defect because the flashing is improperly connected to the adjacent structural element (masonry of the neighboring building). Additionally, due to missing exterior plaster and the texture of the unplastered masonry, rainwater can penetrate between the flashing and the masonry, potentially causing moisture damage to the masonry below.

The exterior wall should be properly plastered soon, and the flashing should also be professionally redone.<<

How should I proceed? Is a written statement sufficient to protect me, ensuring that the neighbor will address this after signing at the notary? How reliable is that, and what would you recommend?

It is in the seller’s interest that you purchase the semi-detached house. Therefore, they should ensure that an effective agreement—with a clear deadline—is made with the neighbor and included as part of the notary contract; this offers the most legal certainty. Because... what if you try to address this issue individually with a “written statement” afterward—and the neighbor then claims they have already reached an agreement on this matter with the current owner of the semi-detached house, stating that costs will be assumed, shared, or otherwise handled? That an amicable solution has been found? In that case, you would be left in a difficult position.

Thorsten111 schrieb:

And a second point: in the basement room, there are two small damp spots with minor mold growth. These are supposed to be opened up and resealed and included in the purchase contract. The house was built in 1993; otherwise, everything is fine. How would you approach the first issue in particular?

As always—what is not in the contract is considered not agreed upon. Provided that the removal of the moisture in the basement—together with a clear deadline—is included in the notary contract, everything is fine.

Of course, there is also the option of negotiating a price reduction and covering the potentially recurring costs yourself, assuming these are the only issues the expert inspector has identified.

Best regards, Bauexperte

Ok, thanks already. What does “effective agreement” mean? What could it look like?

Hello Thorsten,

Thorsten111 schrieb:

Ok thanks already, what does effective agreement mean? What could that look like?

😕

What else should it mean but that a binding and legally effective arrangement on both topics is agreed upon in writing by the seller (current owner of the semi-detached house) and the neighbor (owner of the other semi-detached house) and is subsequently included as an appendix to the notarial contract yet to be signed between the seller and you?

Best regards, Bauexperte

Effective agreement = a document and clause that is notarized in the purchase contract and/or side agreement. It applies with the current seller and neighbors. It is not acceptable for the seller to say it no longer concerns them.