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

You could inquire directly with the municipality whether the property might be subject to a right of first refusal by the municipality. And as far as the notary is concerned, you are free to choose.

Is something like that common?

No, that is not common. Also, citing time constraints is IMHO nonsense. The municipality must issue the waiver declaration immediately, unless it can justify a pre-emption right. Then it has two months to decide whether it wants to exercise it. It is incomprehensible to me why a notary does not request the declaration. Okay, “immediately” is an indefinite legal term and can mean three weeks with authorities, and yes, it costs fees (€50-€100), but with the sums involved in real estate transactions, it is rather negligible compared to the gain in security. Without the declaration, the land registry office will not make the transfer anyway, at least not before the two-month period expires, so the time factor works to the buyer’s disadvantage.

Possibly it varies by federal state regarding the pre-emption right

No, it is federal law.

The municipality always has a statutory pre-emption 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).

I agree with the part after the comma, whereby 99.99% means that in one out of 10,000 purchases the right is exercised. A lottery player believes in big luck at completely different probabilities. Before the comma I find the formulation misleading. And because it is a widespread misconception that the municipality always has a pre-emption right, I want to formulate more clearly: The municipality is only entitled to the pre-emption right if a condition named in §24 Building Code is met or if it has enacted a statute under §25.

AFTER PURCHASE

The purchase did not actually take place; unfortunately, the buyer had already paid. Actually, there are notaries for such things, who are supposed to ensure that the purchase is securely handled simultaneously for both sides. Risk clauses in the notary contract are, in my opinion, attempts at fraud. The notary calls his own role in the handling of real estate transactions into question.

You could inquire at the municipality itself whether the property could be encumbered with a pre-emption right of the municipality.

Yes, but it is usually anchored in the notary contract so that the negative certificate becomes a condition precedent to the purchase price payment. I suspect that exactly that is intended to be circumvented. The buyer should be obliged to pay as quickly as possible so that he cannot even wait for the issuance of the declaration. And thus, the entire risk shifts to him.

I completely agree with my predecessor. I have been present at numerous notarizations and have never experienced anything like this. I would not choose this notary. As the buyer, you decide and pay for the notary. Please don't forget that. K.

Thank you for your answers.
Does the two-month deadline apply from the date of the notary appointment, the priority notice in the land register, or the entry in the land register?

In our case, we signed the contract back in October. The notary was suggested by the real estate agent and would also have been our first choice, because our condominium at that time was also completely handled through him.
The notary office has been around for three or four generations and one only hears and reads positive things, which is why we are now quite confused that somehow everything seems to be going wrong with the house purchase.

The real estate agent wants to see his money quickly, pressured us to go to the notary appointment before the bank's financing confirmation was available, etc... and now the bank is missing various documents from the notary or they were not recognized.
It was said from several sides that the contract was unusual, but contained everything important. So we could sign it as is.
However, the passage about the pre-emption right stuck in my mind and I wanted to know what could happen in the worst case...

Didn't we recently have a discussion where a right of first refusal was actually exercised AFTER PURCHASE?

Could you please post the link here? Thanks! :)

So you have already signed the contract and now have no financing?