Buying a house but the seller requires the right of residence - How to proceed?

  • Erstellt am 2018-10-23 12:48:15

lastdrop

2018-10-23 14:28:53
  • #1


No, no lease agreement, you won’t get rid of the tenant anymore ...

Capture ownership transfer now and handover later.

Implicit "rent" is factored into the purchase price.
 

nordanney

2018-10-23 14:40:43
  • #2

Misunderstood. Either right of residence (is registered in the land register, no rent payments, costs notary and land registry fees, and reduces the value of the property) or rental agreement (then rent is paid).
I would simply conclude a fixed-term rental agreement. I myself have already been a tenant in my own sold house ;-)
 

tomtom79

2018-10-23 14:45:03
  • #3
We were in a similar situation but as sellers. I made it clear that the apartment is not needed until October and only then is the purchase price payment necessary. From October onwards, if there are delays, a customary local cold rent until moving out. All of this was recorded at the notary.

Otherwise, you are the idiot with the double burden, but apparently people like that are found ;)

For the seller, there is an interest-free period and he should negotiate it for himself via interim financing and not shift it onto you.
 

NeueWelt

2018-10-23 15:12:37
  • #4
Okay, then I think I meant a fixed-term rental contract at the beginning too... Cold rent then in the amount of our interest + repayment burden
 

Kekse

2018-10-23 15:21:21
  • #5
Then you pay the full purchase price for property transfer tax, pay the notary on that (possibly even the broker), and pay tax on the rent you have already paid again. Deducting rent directly from the purchase price saves you that.
 

ypg

2018-10-23 15:21:38
  • #6


Right of residence is nonsense



Lease agreement too



That’s how it is.
The date of handover is defined in the notary contract. Also the transfer of the money.
That can also differ.
Either the seller arranges interim financing for their new construction project themselves or there is a lower sales price for earlier cash flow.
For win-win deals, you have to sit together at the table and each calculate the advantages for themselves.
This is not a singular case, and those who do not trust will remain alone.
 

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