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

I have thought it over again.

Hello , could it be that the regulation regarding compensation for loss of use was unfortunately made here? In my opinion, this hinders the eviction.

I have thought it over again.

Hello , could it be that the regulation regarding compensation for loss of use has unfortunately been agreed upon here? In my opinion, this hinders the eviction.

I am happy to answer you. At least based on the rudimentary information from the OP.

First of all, a handover date in October is scheduled. The seller is thus in default of handover once this date passes. To compensate for the delay—not as a permanent lease agreement—a usage compensation has been agreed upon. The use of the property beyond the agreed date is not permanently permitted (see also case law). From a (not fixed legally determined date) the seller must then vacate. Apart from that—this is pragmatic and not legally precise—the buyer can immediately go to the bailiff with the enforceable copy. The seller would have to legally defend himself, which would still be acceptable this year. But at some point from 2025 onward, even a judge will be fed up with the possession of the house under the framework of usage compensation, which is only supposed to be an aid to prevent damage to the seller from a non-timely eviction.

All this can also be nicely formulated and substantiated legally.

This can all be nicely formulated and substantiated legally.

In my opinion, it is too late for that. The contract already exists. The risk that the OP sees is completely exaggerated. At the latest, if the seller does not provide a reasonable reason for the delayed handover upon inquiry, the notice to vacate will follow.

In my opinion, it is too late for that. The contract already exists.

I did not mean the purchase contract (either there is more in the contract or the notary made a blunder - whether he would be liable in case of poor/wrong advice is still a question). My layman-legal German. And also overruled by judgments.