House purchase financing from the handover date, what if the seller does not hand over?

  • Erstellt am 2024-03-25 07:58:07

Pascali

2024-03-25 07:58:07
  • #1
Hello first of all. When you buy a property and the handover works smoothly, you no longer pay your own rent and thus have no financial problems.

But are you protected the other way around?

The purchase contract states that the seller must pay the buyer 700€/month (if he has not vacated the house by the handover date), which corresponds to the buyer's current cold rent, but due to inflation the amount will eventually become very low. Then the buyer has bought the house but still pays his own rent.

The seller could also easily rent the house out to someone else for 900€ - for a lifetime. Then the buyer would have already paid the purchase price and the seller would have no interest in handing over the house on the handover date, since the 700€/month is less than his rental income. Or he could leave it to his child for free.

Or must the seller hand over the house at some point?
 

markusla

2024-03-25 08:08:46
  • #2
That depends on what is stated in the purchase contract or whether there is a separate lease agreement …
 

nordanney

2024-03-25 09:01:11
  • #3
The seller cannot rent it out in the first place, as he is not the owner. Even "subletting" is not legally possible. Apart from that, you get an eviction order and that’s that (though it can be annoying).
 

hanghaus2023

2024-03-25 10:04:48
  • #4
Purchase does not break the lease. There must be valid reasons, such as personal use. But it will always be lengthy.
 

DaGoodness

2024-03-25 10:15:35
  • #5
The question I ask myself is why the clause about the "rent" is included in the purchase contract at all and what reasons the seller might give for not having vacated the house by the handover date?

As a homebuyer, I only agree to rent if I see the house as an investment property and do not want to move in myself.
If I buy the house for myself, there is a handover date and the house must be empty by then.
So why the clause about the rent?
 

nordanney

2024-03-25 10:32:58
  • #6
Which rental agreement? For that, an explicit rental agreement is required. In the purchase contract, compensation for use is generally mentioned - the original poster also did not write anything about a real rental agreement. By the way, it is also regulated in the Building Code with all contractual components. You don't include that in the purchase contract - at least I have never seen that since I have been working in real estate financing. In this respect, the topic of "rental agreement" is resolved. And personal use as well. No rent clause! As I said, you have to conclude a real rental agreement for that. Penalty payment in case he does not vacate on time. There can be enough reasons for that, e.g., you are building yourself and want to secure yourself in case the construction is delayed. Then just a penalty payment.
 

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