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

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

We had to postpone the notary appointment by a week at that time because the bank was still missing some documents.
When we informed the real estate agent about this, his only response was, "You can already sign now and then go to the bank with the contract and sort out everything else..." When we denied this, the house was made available to other interested parties again because we were "too slow" and others would sign immediately.

We then signed a week later and are still waiting for the bank’s disbursement because documents have constantly been missing.
If we had known all this beforehand, we would have chosen a different notary right away. Strange how much things can change over time...

We had to postpone the notary appointment by a week back then because the bank was still missing a few documents. When we informed the realtor about this, his only response was "you can sign now and then go to the bank with the contract and settle everything else..." When we declined this, the house was made available to other interested parties again because we were "too slow" and others would sign immediately.

We then signed a week later and are still waiting for the bank's disbursement because some documents have constantly been missing. If we had known all this beforehand, we would have chosen a different notary right away. Strange how much things can change over time...

Oh wow, okay... have you already paid out of your own pocket by now, or what is the current status? I'm a bit confused about it right now.

The whole thing is a long and confusing story that hopefully soon will have a positive ending (Schlüsselübergabe).

We wanted to sell our condominium and buy a house. We finally found a nice townhouse and were immediately pressured after the viewing to sign a reservation agreement, which was akin to a purchase contract.
A second viewing appointment was only reluctantly arranged, and we were scolded for not having signed the contract, etc...
Afterwards, the house was supposedly already gone because we hadn’t signed the contract.
But the house was perfect for us, and we added a few euros. Thus, we immediately received the acceptance, and they wanted to schedule the notary appointment within the next few days.
We were missing the financing confirmation from the bank, so we had to postpone the appointment by a few days.
This was interpreted negatively, and the sellers said they would make the house available to others again.
You could tell they just wanted to close the deal quickly and get their money.
Three days later we finally got the green light from the bank and signed the purchase contract.
Shortly after, the first invoices and additional costs became due. We waited for the bank’s disbursement and kept hearing "there are still documents missing, the case is still being processed, etc."
We requested 100% financing. Not because we don’t have the money, but because at the moment we don’t have access to it yet (selling ETW, building savings contract, etc...).
After a paperwork battle and numerous phone calls, the first partial disbursement of the loan was paid out and we were able to pay the additional costs a few days ago. The bank is now only missing two documents from the notary because he sent the documents incompletely.
After that, the purchase price would be paid out.

I can’t recommend such back-and-forth to anyone.

Is there anything, apart from the preemptive right of the city, that could later come as an unpleasant surprise?

Does the two-month deadline apply from the notary appointment, the priority notice in the land register, or the entry in the land register?

Deadline: Two months after the purchase contract becomes known to the municipality.

In case of doubt, you have to prove that the municipality was already informed about the purchase contract in October. If the notary did not send anything, the letter got lost at the post office, the authorities' mailroom, or on the desk of the clerk, the deadline has not even started yet.

Could you please post the link here?

The notary office has been in its third or fourth generation already and you only hear and read positive things... The broker wants to see his money quickly... and now the bank is missing various documents from the notary

It can also all be quite innocent. The longtime employee at the notary office retired in the summer, and now until a replacement is found, a legal assistant from a temp agency, who has never worked in a notary office and without proper training, has to handle everything. The seller bought a condominium with 100% financing and urgently needs the money. The broker wants to book his commission this year for tax reasons.

what could happen in the worst case...

The city wants to increase density and needs access to the interior of the building block. It has already drawn up a development plan and is waiting for the first sale to demolish the house and begin development.

You pay the purchase price, since you do not have to wait for the waiver, and also immediately have the craftsmen in the house for a lot of money and the new furniture standing at the door.

Then the notary remembers that he hasn’t even informed the city about the sale yet and then catches up on that.

This is where the city’s statement comes in that they will buy the property after all. You are stuck with the costs for the craftsmen and the city takes the house away from you (legally perfectly fine if there is a reason for the city).

Would there be anything, aside from the municipality’s pre-emptive right, that could later come as a nasty surprise?

The previous owner paid too little property tax for years due to incorrect information about the sealed surfaces. Now there is a back payment claim against the new owner, who must recover the money from the previous owner.

In case of doubt, you have to prove that the municipality was already informed about the purchase contract in October. If the notary didn’t send anything, and the letter disappeared at the post office, the authority’s mailroom or from the clerk’s desk, the deadline hasn’t even started yet.

Then theoretically I shouldn’t have received any mail from the district court, the tax office, or new land register extracts yet, right?

...until the vacancy is filled, a legal assistant from a temp agency who has never worked in a notary’s office, without proper training, handles everything.

True, such scenarios exist. However, with us, it was the boss himself.

...is waiting for the first sale to demolish the house and start the development.

For a mid-terrace house? In a purely residential area?
We don’t even border the street directly, so the case "we still need a few centimeters from the property... the street/the sidewalk is too narrow..." can’t happen either.

The notary suddenly remembers that he hasn’t yet informed the city about the sale and is now making up for it.

Can we somehow check this ourselves?
Where exactly can I inquire about this at the municipality?

The previous owner has underpaid property taxes for years due to incorrect statements about the sealed surfaces. Now there is a back payment claim against the new owner, who has to claim the money from the previous owner.

I haven’t thought of such a case before. But presumably, it only occurs very rarely?!

What puzzles me though: We recently completed the mortgage deed etc. with the notary and he promptly sent the documents to the bank. However, the cover letter states the following: "Based on my files and the review of today’s application list, I am not aware of any circumstances that would oppose the entry of the mortgage in the agreed ranking position.
I have not inspected the land files."
Why doesn’t he inspect the land files and why doesn’t he write directly that the bank holds the first position in the land register?
Of course, this was not conclusive for the bank either, and they require new documents.
So now it’s up to the notary alone that the purchase price is paid out...

Then theoretically I shouldn’t have received any mail from the district court, the tax office, or new land register excerpts yet, right?

That depends on what has already been registered. If it’s only the priority notice of conveyance, that is independent of the pre-emption right. And the district court and tax office initially have nothing to do with the municipality.

For a terraced house in the middle? In a purely residential area?

As some others have already written: The likelihood that a pre-emption right exists is quite low, and that it is then exercised is even lower. But such cases do exist (see other thread), and the negative certificate gives you absolute legal certainty in this regard and makes the necessary proof for the land registry straightforward.

Where exactly can I inquire about this at the municipality?

I don’t know your administrative structure in the municipality. Usually, the offices are called property office or real estate management. A creative mayor might have coined other terms. Just call the central office. As long as you don’t ask for personal data, it should also be possible to get information by phone.

But that probably only happens very rarely?!

Yes, I believe so. A call to the tax office (or whoever is responsible there) will clarify.

Why doesn’t he review the land records and why doesn’t he directly write that the bank is first in the land register?

I can’t tell you. Your descriptions sound very unusual overall and that rings alarm bells for me, perhaps completely unjustified.