House offer with an aftertaste

  • Erstellt am 2020-12-01 19:18:08

Asuni

2020-12-04 09:31:03
  • #1


I believe, even if it is completely irrational, I would feel the same. No, such a story – which I know beforehand – would be a no-go for me. Hopefully, someone more rational is happy about it, and for oneself maybe a property comes along where head, heart, and reason fit together better.
 

Hannes34

2020-12-04 10:18:07
  • #2
No, he hanged himself. However, he was only found after just under a week and that in the middle of midsummer... But as I said, during the inspection we neither saw nor smelled anything. Certainly, the place was aired out well beforehand and room freshener was used. By now we have researched that a seller is obligated to disclose if the last occupant of the house committed suicide. Otherwise, the purchase contract can be contested. File number 16 U 38/07 Higher Regional Court Celle. In this respect, it can be assumed that other interested parties will probably receive this information as well. So you see, even the highest courts do not regard this fact as trivial or an esoteric matter of belief. Well, after 3 PM we (hopefully) will know more...:rolleyes:
 

nordanney

2020-12-04 10:35:51
  • #3

I know the ruling well. Unfortunately, the case you mentioned concerns the fact that the suicide was fraudulently concealed. a) The buyers were told that the deceased did not kill himself in the house but in Spain, and b) the suicide was explicitly part of the sales negotiations.
Unless there are very special circumstances indicating that the suicide is a fact requiring disclosure, it does not need to be mentioned. The suicide alone is not a fact requiring disclosure that would constitute a defect in the house – that would be the case, for example, if it was widely reported in the press or similar.
 

Hannes34

2020-12-04 11:34:02
  • #4


Yes, I read your wording the same way on FragEinenAnwalt. I don’t understand why it should not be considered fraudulent concealment if I am only told that the previous owner died and the suicide is quietly, silently swept under the rug. After a week until the discovery in high summer, one can also assume the smell of decomposition and leakage of bodily fluids, which directly affects the house and, in my opinion, must be disclosed. When selling a car, I have to disclose every dent without being asked, but something like this is supposed to be negligible? Only a judge can probably decide that. Luckily, we don’t have to deal with it in more detail.
 

Asuni

2020-12-04 11:45:37
  • #5


That must be hard for the daughter to come to terms with.

There are professional companies capable of restoring apartments/rooms where deceased persons have lain unnoticed for a longer period back to a "normally habitable" condition, for example by using special bacteria. This happens quite often when a person dies who has no close relatives. Probably such a measure was used here as well, which is why nothing is noticeable about the event in the room itself anymore.



I wish you an enlightening house viewing. I would take plenty of time and let everything sink in again. What is right for you no one can ultimately tell you in an online forum. You are the ones who want to make this house your new home, so only you can decide based on your individual criteria whether this property is suitable or not.
 

nordanney

2020-12-04 12:38:47
  • #6
But in your case, it is not about you having talked about the death with the seller/agent and considering it an important point. It is not a "defect" of the house – you can also gladly ask how the death occurred. If someone then says "quietly and silently" abroad, it is fraudulent concealment if he and 5 liters of blood and other bodily fluids have soaked into the parquet. Dead people in a house are absolutely normal. Death is normal too. It happens hundreds or thousands of times every day (no idea how many elderly people die at home). My previous owner also died at home. So what? That is normal! The "simple" suicide is also not unusual. People have to die somewhere (shitty phrasing, I know).
 

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