Check purchase contract / waiver of pre-emption right is waived

  • Erstellt am 2018-12-04 21:05:41

Laynne

2018-12-04 21:05:41
  • #1
We have ultimately decided against a two-family house for various reasons and now have a terraced house that fits us perfectly. However, the purchase contract makes me a bit suspicious because it is quite short with only four pages. Our financial advisor said it was unusual, but it could be signed as is. When we asked the notary, we were told that their purchase contracts are now always kept that short because many buyers did not understand numerous things, and they now formulate them more simply.

In general, it states:

- Seller
- Buyer
- Property/house
- The house is purchased in its current condition
- Seller assures no hidden defects are known
- No encumbrances in the land register
- Purchase price
- My partner and I will be the owners
- And a few things about entry in the land register, etc.

How exactly should we understand the following paragraph:
"Auf den Zugang des Vorverkaufsrechtverzichtes der Stadt XY wurde aus Zeitgründen verzichtet, auf mögliche Gefahren wurde hingewiesen."

The notary said the sentence has to be included in case the city ever plans to build a highway or something similar there. But that would not be an option for us anyway because it is a purely residential area ([Reihenhaussiedlung]). Is something like this common? Also, that one simply waives it? What happens if the city is indeed interested? Is there any deadline the city has to meet? Unfortunately, I can't find anything about this online...
 

Yosan

2018-12-04 22:09:47
  • #2
So I don't know how common or uncommon it is, but at least with properties I have never seen it with friends/family or with us. It may vary by federal state regarding the right of first refusal, but here the municipality has a maximum of 3 months to exercise the right of first refusal (usually it is waived beforehand).
 

nordanney

2018-12-04 22:09:54
  • #3
The municipality always has a legal pre-emptive right due to certain circumstances (§ 24 Building Code), which is actually waived in 99.99% of all cases (because a) the municipality does not need the property and/or b) it has no money anyway). Constructed case: You pay the purchase price since you don't have to wait for the waiver and immediately have the craftsmen in the house for a lot of money and the new furniture in front of the door. Then the city steps in and buys the property after all. You are left with the costs for the craftsmen, and the city takes the house away from you (which is also legally okay if there is a reason for the city). However, the probability that they exercise this right in your case, according to your description of the situation, is very close to zero. Deadline: Two months after the municipality becomes aware of the purchase contract. In Berlin, it is exercised more often or passed on to tenants to counteract speculators.
 

nordanney

2018-12-04 22:11:22
  • #4
P.S. Four pages are enough for a reasonable purchase agreement? I haven't seen that in the last 20-25 years...
 

lastdrop

2018-12-05 10:09:12
  • #5
Didn't we recently have a discussion where a right of first refusal was actually exercised AFTER PURCHASE?
 

Tobibi

2018-12-05 10:11:41
  • #6
There was just recently a case here in the forum where it was also not clarified beforehand, the money was transferred, etc., and then the city did assert its right. In a purely residential area where one property is like the other, but probably very unlikely. Where does the time pressure come from that the notary does not want to check it?
 

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