Bank requires an extract from the register of building encumbrances

  • Erstellt am 2021-02-25 11:01:24

Waterboy

2021-02-25 11:01:24
  • #1
Hello everyone,
my wife and I recently signed a purchase contract at the notary.
Neither the buyer nor the real estate agent had an excerpt from the register of building encumbrances.
We still signed. The office needs up to 5 weeks to issue it. Until then, the bank will not move (no go to the notary for further processing).
It concerns a semi-detached house in Brandenburg built by the developer 20 years ago (located side by side, separate pipes, own wall).
The following questions about this:
1. Should one have viewed the register of building encumbrances before the purchase, with the risk that the sellers might move on?
2. Has anyone had experience that speeding up by phone is promising?
3. What could be registered there and would this endanger the lender’s disbursement?
4. Worst case: If the bank refuses to disburse, what happens then? (Cancellation of the purchase contract, brokerage fees already paid, which costs arise)
My wife can no longer sleep. It’s also a stupid situation. Yes, I know: our own fault.
I would really appreciate some input on these questions.
Regards,
Waterboy
 

Osnabruecker

2021-02-25 11:23:35
  • #2
For the bank, it is about their security. If the property is encumbered, the property is worth less and in case of doubt not sellable in the event of the case. Therefore, their step is plausible. Why the other 4 participants did not take care of it before is a mystery to me.
 

MayrCh

2021-02-25 11:31:28
  • #3

What does the purchase agreement say about the encumbrance-free status of the property?
Who commissioned the notary?
 

Waterboy

2021-02-25 11:45:24
  • #4
"The notary had no access to the register of building encumbrances and informed us about the related circumstances (I cannot remember that a financing difficulty was explicitly pointed out), nevertheless the buyer declares to conclude the purchase contract." The quote is not word-for-word correct. But it is accurate in content. The notary was suggested by the real estate agent. We did not give a written commission.
 

Waterboy

2021-02-25 11:47:24
  • #5
No other encumbrances are registered in the land register. What encumbrances can occur with a semi-detached house that might cause the bank to possibly withdraw?
 

nordanney

2021-02-25 11:58:53
  • #6
I’ll venture a guess based on experience: None. I haven’t encountered that in over 20 years.
 

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