Check purchase contract draft

Hello everyone,

we are in the process of buying a used [REH] (built in 2010). The notarization appointment is planned for February 28, move-in and payment only in October 2016.

I have received the draft purchase agreement from the real estate agent and have made some changes (see attachment. Changes are highlighted in green). Before I forward it to the real estate agent and the notary, I would like to ask you whether

1. you can take a look at it and say if the important things are taken into account (of course, I do not expect a detailed legal consultation here),

2. it is okay to request so many changes from the notary (whether he will accept everything is another question! The real estate agent appointed him and I got the impression that he is not very friendly),

3. it is common to send the changes to him in advance or only at the notarization appointment (when I last spoke with him, he said "I will clarify all your questions at the notarization appointment!!")

Thank you in advance.

I would be careful to say anything about that.

I wouldn’t ask in a forum where one person says something to another. That doesn’t help. For example, I would never allow the seller to stay in the apartment longer in exchange for payment of a fixed fee...

A lawyer checks that for 100-300 EUR. That has always been worth it to me.

In any case, I would send changes to the seller and the notary in advance. What is then accepted is another question.

definitely clarify beforehand, since the actual conversation is ultimately just the signature. of course the notary reads everything aloud and answers all questions, but any changes are difficult to get through. theoretically he would have to start over, because the contract would have to be reprinted :) for that you would need a computer, change the template and reprint it for everyone. that takes forever...

usually it is such that no major changes (except of course obvious things like wrong name etc...) are possible. if something fundamentally isn’t right, something fishy is going on anyway. a notary knows what a proper purchase contract for a property looks like and would not include strange phrases without reason.

if red is the old and green your addition, then the contract is already somewhat odd. just to understand correctly. you want to buy a property in february 2016, but the owner only moves out in mid october? that’s completely absurd and no one does that. who guarantees the same condition in 8 months? who is liable if something breaks in the house in 5 months or the included kitchen burns down or whatever... if you do something like that, the apartment has to be hopelessly underpriced for the location (hardly likely because of the agent)

ps: the buyer chooses the notary! an exception would be if an entire area is managed by one notary (easier for the seller, as the notary knows the area and the prospective buyers)

ps: der käufer sucht sich den notar aus! ne ausnahme wäre es,

This is a typical IRC! Seller & buyer must agree on a notary or who of the two can/should commission one. Nowhere is it written that this option lies exclusively with the buyer ;-) Rhineland greetings from the road Building expert

if red is the old one and green is what you added, then the contract is already somewhat strange

Exactly, I received red, I added green. What do you find strange?

you want to buy a property in February 2016, but the owner only moves out in mid-October? that is completely nonsensical and nobody does that. who guarantees the same condition in 8 months? who is liable if something breaks in the house in 5 months or the included kitchen burns down or or or... if you do something like that, the apartment must be hopelessly cheap for the location (hardly likely because of the realtor)

"§ 7 Defects in Material and Title" should cover it, right?

"However, the buyer has the statutory rights and claims due to those material defects that arise or become known between the last inspection and the transfer of possession, provided that their causes lie in a use exceeding the usual usage or wear and tear."

My opinion: - If the kitchen has "electrical appliances" - which ones? but the real estate transfer tax also reduces the value of the property for the bank. Otherwise, it reads like a usual purchase contract. Whether one can actually prove special wear and tear (= resulting defects) would probably have to be decided expensively in court if the seller resists.