Buy house with unclear seller move-out

Hello everyone,

I know that this topic has little to do with the subject here. But unfortunately, I can't find a contact point for my concern.

We have a house in prospect. Built in 1994, solid construction, 1000m2 etc.
A sick lady lives in it with another daughter.
The husband has moved out and wants a divorce.
The house is incredibly cluttered and unkempt (just the interior). The lady cannot do anything in or on the house due to her illness.
The realtors are looking for a new apartment with her. So far, they have not found one.

Now we are of course concerned that the lady might not have vacated the house by the handover date.

Are there ways to cover this at the notary?
Of course, we don't want to end up in a legal dispute at some point.
The house itself would really be great. But maybe it is too much of a risk?

If this topic is not welcome here, sorry for that.

Thanks and best regards

I’m afraid you only have two options. Take the risk or don’t buy. A notary declaration could look like this. The purchase price becomes due when... now come the usual things, burden-free land register etc. pp, and then when the purchase object is handed over empty... or something like that. Then you only pay when she is out. Then the change of ownership also begins. First possession secured, then money.

Are there ways to cover that with the notary?

Yep, as Nordlys wrote: a condition precedent for the purchase price is an empty house. It’s just not so easy to represent, since normally there are several days (or sometimes even two weeks) between the notary’s notice of due payment and the actual payment of the purchase price. Since the lady could still move back in, there should be an enforceable copy of the purchase contract for you, in which you have included an eviction order. It should only be understood as an emergency solution. If the lady is back in the house for whatever reason, you just need to go to the bailiff and have the place cleared, since you already have a title. In case of doubt, annoying and associated with a few euros. Incidentally, the majority of sales of apartments and houses proceed this way. The seller lives in it and has to clear the house. Every buyer can have these concerns...

Yeah, 95% of the time houses are sold while people still live in them. Whether old, sick, divorced or not, whether with children, a dog, or a cat boarding house, should not concern the buyer, unless the rubbish hides defects in the house. The former is regulated by a notary contract, the latter should be examined with an expert.

You can schedule a moving-out appointment with the notary; if this appointment passes, you can demand a local customary rent + surcharge.

Yes, include a clause that payment and transfer of ownership only occur upon moving out. However, this just shifts the problem to the seller and I also think it’s more complicated. As a buyer, you can sue for personal use.

So the time component remains. At least you are entitled to the rent...