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

Doesn't he own the house one day after the handover date anymore - even if a usage compensation is agreed?

Yes and no. Benefits and burdens usually transfer with the payment of the purchase price (but this is explicitly regulated in every purchase contract), the formal ownership only with the registration in the land register. If the land registry office is fast, for example, you pay the purchase price on 03/30 and that is also the handover date (with transfer of benefits/burdens), the land registry office might already transfer the ownership on 03/31, so you as the buyer are already the owner on 03/31. The usage compensation is irrelevant for this. When I sold my last condominium, I paid usage compensation for almost 18 months because I couldn't move into my new place yet. I was practically a "tenant," although without a rental agreement. So no notice periods etc., as they apply in tenancy law. A latest handover date was also agreed.

When is the latest handover date supposed to be? This must be agreed upon in the contract for the regulation to make sense.

No legal regulations - but according to the contract, there is a handover date.

"Due to his obligation to vacate and to pay the usage compensation, the seller submits to immediate enforcement from this deed."
==> This is a standard text for such cases. If the seller resists, one obtains an enforceable copy of the sales contract, goes to the bailiff, and after 14 days the bailiff proceeds to evict the seller using the title.

Yes, October 31 is the handover date.
However, there is the usage compensation regulation. Thus, the seller could still use the property until the year 2050 and beyond (while paying the usage compensation) even though they have already received the purchase price.

This is the entire passage regarding enforcement:
"The buyer submits to immediate enforcement from this deed due to the obligation entered into in this deed to pay the purchase price according to the notarial maturity notification and any default interest from the day the enforceable copy is issued. The same applies to the seller because of his obligation to vacate and surrender possession. Upon request, an enforceable copy can be issued without further proof, but only to the seller after the purchase price becomes due and only to the buyer after proof of payment of the purchase price."

So no notice periods, etc., as they apply in tenancy law. A latest handover date was also agreed.

The latest handover date then automatically becomes the only handover date in the contract if NO usage compensation regulation Beyond is given. From the buyer's perspective, it would be wise to eliminate continued use: "However, if the seller continues to use the property beyond 31.10.2024, he is obliged to pay the buyer a monthly usage compensation of net €700.00." If this clause is not removed, the seller may continue to use the property for 50 years or longer.

Even though some here think that this is unusual, I am quite familiar with the penalty payment from several contracts (especially commercial properties here). However, the penalty payment is usually set in such a way that it really hurts the previous owner to miss the deadline. At €3000 instead of €700 for each started month, the situation would look quite different. If nothing is agreed upon, you can certainly initiate the eviction, but that also drags on for months. Imagine the costs that arise if you have terminated your own apartment and have to move out (i.e., rent storage) and move into a hotel/vacation rental. The penalty payment would actually have to cover that.

The same applies to the seller due to his obligation to vacate and deliver possession. Upon application, an enforceable copy can be issued without further proof,

And with that, you are throwing the seller out. For me, the matter is now settled, since simply does not want to understand it, as in other threads, even if the same thing is written 30 times. Such ignorance is incredible.

"The buyer submits to the obligation to pay the purchase price under the terms of the notarial notice of maturity and any default interest from the day of issuance of the enforceable copy of the immediate enforcement from this deed. The same applies to the seller regarding his obligation to vacate and deliver possession. Upon request, an enforceable copy can be issued without further proof, but to the seller only after the purchase price is due and to the buyer only after proof of payment of the purchase price."

What do you not understand here? You can either throw out the immediate or apply for enforcement.