Buy house with unclear seller move-out

  • Erstellt am 2019-03-21 21:32:32

Kapitänin

2019-03-22 08:43:19
  • #1
Thank you for your answers. Actually, so far we have seen almost only houses from which the sellers have already moved out.

Would you discuss these clauses with the lady beforehand or is it sufficient for the notary appointment?
So of course we would talk to her and the realtor again beforehand regarding the process, moving-out date, etc.
But should we also tell her already that we want, for example, an eviction order?
 

Altai

2019-03-22 09:41:07
  • #2
So I would consider it a matter of fairness to discuss such matters beforehand.

Besides: The notary prepares a draft purchase contract in advance; there should be no significant changes needed at the time of signing! After all, you must have the contract for review for 14 days, otherwise they start over from scratch.
 

haydee

2019-03-22 09:55:20
  • #3
Only as described by Nordlys and discuss beforehand. If the eviction order is possible, include that as well. If you have to have the apartment cleared out, it will be expensive. It happened to a friend. Lawsuit, storage, and clearing out. You are not allowed to just put the furniture out on the street.
 

User0815

2019-03-22 10:40:12
  • #4
With the obligation to vacate in the purchase contract, a lawsuit would be unnecessary. The eviction order would be the enforceable and served purchase contract document.
 

Tassimat

2019-03-22 14:43:06
  • #5
Oh dear, I had a similar case that, however, ended without much damage.

IMPORTANT: No clause stating that the purchase price becomes due after moving out. That can end fatally. The problem is that the owners also do not have to move out, and in the worst case, the contract can hang in limbo for several years! So, a concrete date for the purchase price due date and when the house must be empty. Then there is also a means of enforcement after the date. Be careful with too harsh formulations like forced eviction, as it could deter and cause the sale to fall through.

Optional: Strike the passage stating that the house must be emptied of furnishings, and instead write that all items still in the house on the key date will then be transferred to your possession. Then you may dispose of everything. This can relieve stress for the sellers but cause (calculable) costs for you.

If you do not urgently need the house, it can be agreed that for each year the sellers do not move out after key date x, 5% or more of the purchase price will be waived.
 

Nordlys

2019-03-22 14:56:26
  • #6
…??and what do you gain if the premises are not vacated by the agreed deadline? Do you still pay then? Or do you withdraw? Are you allowed to do that so easily? Karsten
 

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