Guido1980
2019-02-18 08:42:13
- #1
I have a question about the draft purchase agreement for my plot of land. Under the "special agreements," the following passage is stated:
"Paragraph 13
The buyer commits to building a ready-to-move-in house on the plot by December 31, 2022. If the buyer does not construct the house within the agreed period, ... or the municipality ... has the right to purchase the plot at the buyer's expense.
The real estate transfer tax triggered by this legal transaction for ... or the municipality ... must be reimbursed immediately by the buyer. The buyer undertakes, in the event of a possible re-transfer, to transfer the plot free of encumbrances to ... or the municipality .... In this case, the buyer will receive the paid purchase price without interest compensation from ... or the municipality ... immediately after the registration in the land register. Any costs arising from the re-transfer must be borne by the buyer. Claims of the seller against the buyer, insofar as they arise from the contract in this case, can be offset.
To secure the conditional claim of ... or the municipality ... for transfer according to §13 para. 1 of this contract, the buyer already grants and applies for the entry of a conditional priority notice to secure the claim for conveyance in favor of ... or the municipality ... in the land register.
This right is subject to the priority for mortgage rights to be entered for financing purposes of the planned building project up to the amount of .......... € <- Note: free text field up to 20% interest p.a. from the day the mortgage is registered and 10% for one-time ancillary services. Compliance with the intended purpose does not have to be proven to the land registry office but upon request to ...
It is granted and applied for that the priority reservation is entered in the land register with the transfer priority notice.
... or the municipality ... undertakes to request the deletion of the re-transfer priority notice upon the buyer’s request once the building obligation is fulfilled. The buyer bears the costs of the deletion.
With the corresponding declaration and application, ... or the municipality is authorized to also act as the current notary when submitting the application. The buyer hereby waives unilateral application."
The goal is, of course, to acquire the house in order to build a residential house on the plot for my own use.
As far as I understand the passage, one cannot be forced to move in even after completion of the new building, right? Because it was stated somewhat differently in the exposé.
However, I am indeed wondering what concrete consequences it would have if, unexpectedly and unforeseeable at this time, I were to find myself in a situation that would prevent me from starting construction.
If the plot costs 100,000 €, I would have to pay the real estate transfer tax twice, once at purchase and once at the re-transfer to the municipality. That would mean costs of 2 x 5,000 € = 10,000 €.
The reimbursement price would be the 100,000 € without interest, correct? So I would have a loss of 10,000 €, assuming no further claims to offset, for example because I would not return the plot free of encumbrances. Or are there any other costs to be expected?
Furthermore, by signing, I would agree that it is noted in the land register that the municipality has a "repurchase right" if I have not built on the plot by December 31, 2022, right?
The paragraph regarding financing purposes is not clear to me. What is meant by this and what amount is appropriate for the free text field?
Also, the penultimate paragraph states that the buyer must bear the costs for the deletion of the re-transfer priority notice in the land register. How high are these costs?
What do you think generally about this paragraph? Is this usual or is there anything in it that one should preferably not sign?
Thank you very much in advance for your answers.
"Paragraph 13
The buyer commits to building a ready-to-move-in house on the plot by December 31, 2022. If the buyer does not construct the house within the agreed period, ... or the municipality ... has the right to purchase the plot at the buyer's expense.
The real estate transfer tax triggered by this legal transaction for ... or the municipality ... must be reimbursed immediately by the buyer. The buyer undertakes, in the event of a possible re-transfer, to transfer the plot free of encumbrances to ... or the municipality .... In this case, the buyer will receive the paid purchase price without interest compensation from ... or the municipality ... immediately after the registration in the land register. Any costs arising from the re-transfer must be borne by the buyer. Claims of the seller against the buyer, insofar as they arise from the contract in this case, can be offset.
To secure the conditional claim of ... or the municipality ... for transfer according to §13 para. 1 of this contract, the buyer already grants and applies for the entry of a conditional priority notice to secure the claim for conveyance in favor of ... or the municipality ... in the land register.
This right is subject to the priority for mortgage rights to be entered for financing purposes of the planned building project up to the amount of .......... € <- Note: free text field up to 20% interest p.a. from the day the mortgage is registered and 10% for one-time ancillary services. Compliance with the intended purpose does not have to be proven to the land registry office but upon request to ...
It is granted and applied for that the priority reservation is entered in the land register with the transfer priority notice.
... or the municipality ... undertakes to request the deletion of the re-transfer priority notice upon the buyer’s request once the building obligation is fulfilled. The buyer bears the costs of the deletion.
With the corresponding declaration and application, ... or the municipality is authorized to also act as the current notary when submitting the application. The buyer hereby waives unilateral application."
The goal is, of course, to acquire the house in order to build a residential house on the plot for my own use.
As far as I understand the passage, one cannot be forced to move in even after completion of the new building, right? Because it was stated somewhat differently in the exposé.
However, I am indeed wondering what concrete consequences it would have if, unexpectedly and unforeseeable at this time, I were to find myself in a situation that would prevent me from starting construction.
If the plot costs 100,000 €, I would have to pay the real estate transfer tax twice, once at purchase and once at the re-transfer to the municipality. That would mean costs of 2 x 5,000 € = 10,000 €.
The reimbursement price would be the 100,000 € without interest, correct? So I would have a loss of 10,000 €, assuming no further claims to offset, for example because I would not return the plot free of encumbrances. Or are there any other costs to be expected?
Furthermore, by signing, I would agree that it is noted in the land register that the municipality has a "repurchase right" if I have not built on the plot by December 31, 2022, right?
The paragraph regarding financing purposes is not clear to me. What is meant by this and what amount is appropriate for the free text field?
Also, the penultimate paragraph states that the buyer must bear the costs for the deletion of the re-transfer priority notice in the land register. How high are these costs?
What do you think generally about this paragraph? Is this usual or is there anything in it that one should preferably not sign?
Thank you very much in advance for your answers.