Broker sells house without current building permit. Notary costs?

  • Erstellt am 2018-10-23 12:34:23

NeueWelt

2018-10-23 12:34:23
  • #1
Good day

unfortunately, my first post here is about a somewhat unpleasant story from which questions arise for me.
It would be great to receive some opinions on this.
Question:
Who is responsible for the notary costs that arose from the preliminary contract?

The case in brief:
We (girlfriend + I) find a house on Immoscout.
Arrange a viewing appointment with the agent.
We like the house and shortly afterwards have it reserved.
We clarify the financing with the bank. Everything is okay. However, the bank still wants the building documents, such as the building permit etc.
The agent pressures us for days and arranges a notary appointment (in our name).
The appointment could also take place if the agent or seller had copies made of the building file.
Since this did not happen despite repeated inquiries, we try ourselves at the building authority. After days of back and forth, we receive a building permit for a house that was planned 20 years ago. However, a different house was built several years later (significant structural differences).
We and our bank therefore demand the building permit for the actually built house. We inform the agent that without the documents the notary appointment must be postponed. The seller and agent then react very angrily, cancel the reservation and try to sell the house to other interested parties.

That is the current status... We never canceled the notary appointment and always communicated that we are still interested in purchasing. We just need the correct documents.
Can costs for the notary or agent now be imposed on us?

After all, I am not buying an illegal building...

Best regards
 

ypg

2018-10-23 12:46:26
  • #2


Nope, why? The deal is done... if you are now having fears, call the notary and explain the broker's nonsense.
 

NeueWelt

2018-10-23 14:04:04
  • #3
The broker has probably already taken action. He has written a preliminary contract. He will certainly want to have the costs from one party. Unfortunately, the broker was clever enough to commission the notary in our name.
 

Müllerin

2018-10-23 14:09:22
  • #4
And? He called, not her I quote again:
 

Mottenhausen

2018-10-23 14:19:16
  • #5
You cannot simply schedule a notary appointment in the name of others at their expense, I don't understand that part of the story. Did you grant the real estate agent a power of attorney for this (possibly part of the reservation)? If the agent independently sent an email to the notary saying "On behalf of the xyz family, I request a certification appointment..." he would have committed an offense if there was no explicit instruction from you.

The agent can only issue his invoice after completion.
 

NeueWelt

2018-10-23 14:21:01
  • #6
The broker asked us in an email to appoint a notary. We naturally complied with this, as everything seemed to be running normally at that time.
 

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