Buying a house with later handover - experiences?

Hello everyone,

we have received the oral approval for a house from 2019. However, the handover will only take place in summer 2025, as the owners are building a new house. The purchase contract is now being drawn up and we are filling out the documents for the notary. How would you have it included in the purchase contract if the owners do not move out by the date agreed in the purchase contract, for example if the handover of the new house has not occurred? Penalty payment or compensation? And what amount should something like that be? Does anyone have experience with this?

Penalty payment for three months. Additionally, the purchase contract as an enforceable copy for the eviction order after the three months.

Penalty payment for three months. Additionally, the purchase contract as an executable copy for the eviction order after the three months.

How high should the penalty payment roughly be?

How high should the penalty payment roughly be?

Take a comparable rent and add a noticeable surcharge. 50-100%, so that it hurts. Then don’t call it a penalty payment, but compensation for use (also not rent, because otherwise you might risk entering into a tenancy agreement, which could have tenant law consequences). And: Make sure to get advice from the notary about this. That is all included in the price and you should definitely make use of it.

I would not agree to that as a buyer. If they cannot meet the handover date because the new building is delayed, they can store the furniture and stay temporarily in a holiday home of their choice. After all, you also have to give your notices.

I wouldn't agree to that as a buyer. If they can't meet the handover date because the new construction is delayed, they can store the furniture and temporarily live in a holiday home of their choice. After all, you also have to give your notices.

What would you agree on in the purchase contract? Nothing? And if the sellers then don't move out, you have nothing in your hands and will first have to file an eviction lawsuit and claim damages. Better to establish clear conditions from the start.