Buy Used Property - Land Register and Deadlines?

  • Erstellt am 2013-11-29 15:02:09

filth

2013-11-29 15:02:09
  • #1
Hello,

I have a question regarding the optimal procedure for entries in the land register.
I (31) am buying a two-family house together with my parents (53 and 63). The parents move into the upper apartment (72m²), I move in downstairs with my girlfriend (101m²).
Mother is an employee, father self-employed. How can they be protected against unemployment in such a way that, in the event of the case, they would be entitled to basic security and the welfare office would not demand the sale of the house.

We have thought of two options:
1) Parents owner of the upper apartment and half the land
2) Child owner of the entire house, parents have right of residence registered in the land register
Which makes more sense and why?

Question 2:
How does it actually work with the notary? Specifically:
We receive, for example, the loan approval from the bank on 9.12. From that date there is a 14-day cancellation period. The notary appointment takes place on 11.12, and the contract is signed. Before the purchase price is paid out, the notary has to clarify the priority notice in the land register and the city's pre-emptive rights.
What happens if these clarifications take longer than 14 days, so that the cancellation period has expired but the sale still does not go through? This causes huge damage to the buyer, since the bank demands interest for the entire loan.

Thank you!
 

nordanney

2013-11-29 15:09:55
  • #2
1. Since when must property be sold in case of unemployment? One option is a right of residence for the parents, but then there are major problems with the financing.

2. The city's right of first refusal is not exercised. The city may only do this if there are special reasons (which I have not encountered in almost 20 years) – the notary can explain this. Once the purchase contract is signed, there is basically no reason why the contract cannot also be completed. The purchase price payment date has nothing to do with the validity of the contract. If the purchase contract is to be reversed (for whatever reason), there are two parties who may be responsible. If IT is you, then you must also bear all costs. If it is the sellers, then they may be liable for damages.
 

filth

2013-11-29 15:15:33
  • #3
Thank you!

Why are there problems with financing when it comes to residential rights? The bank's statement was something like: "We don't care what you do, we have to be first in line."
I have read that with ALG2 it is insisted that own funds are used up first.

Basically the important point:


The parents' apartment would be just below that with about 71 sqm, but how is the plot assessed? Also proportionally, so 1/4 + 1/4 the parents and the rest me?

How would you divide the shares in the land register in our example (if the parties involved don't care among themselves)?

-------------------------

Hello,

I have removed the link; please pay attention to the forum rules! Thank you!

Best regards from the Rhineland
Building expert
 

nordanney

2013-11-29 15:37:43
  • #4
You have a PM!
 

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