House purchase - problems with the transaction - experiences, tips?

Good evening everyone,

I am new to this forum and have never been registered on a forum before. I have heard from many people that in such forums, people share their experiences with each other to be better prepared for certain situations. We, my wife and I, are currently in the process of buying a house. It is a very complicated situation. (Very very long story!) I’ll just start. We found the house on ImmobilienScout. It was sold through a real estate agent. Commission 3.57%. We called and immediately made an appointment. They made us wait 2 weeks until the viewing took place. What we were not told beforehand was that the house would be presented in an open viewing. We didn’t like that, but well. Nothing you can do. We looked at the house and were pretty quickly quite sure that we wanted it! So we went to the bank with the exposé and submitted everything to the credit department. Our bank advisor only needed a land register excerpt. And the real estate agent was not able to obtain it! We kept asking until we gave up! Then everything changed... we established contact with the owner of the house and obtained the land register excerpt ourselves with his power of attorney. Here comes the catch. The credit department approved everything. Except for the fact that the house is rented out. The bank says that if the house is bought with the tenants, it counts as an investment property and not for own use. Therefore, they want too much equity, which we simply cannot raise. Our bank advisor recommended that we try to negotiate directly with the tenants. We were also told that they intended to move out anyway. Said and done. We went there, talked, and this tenant wanted 2,000€ from us and from the owner to live rent-free in the house for 2 months, then he would terminate the lease himself, and upon house purchase the property would be handed over rent-free. Everything we practically want! So we waited for the bank’s final decision on the financing confirmation and it didn’t take long. We were overjoyed and already saw ourselves in the house. I kept my word. As I had promised, I gave the tenant the agreed 2,000€ and wanted to immediately make a notary appointment. By the way, the real estate agent was also not able to do that!!!!!! Suddenly the owner says that he had bought the house 8 years ago and if he sells it, he would have to pay a speculation tax. Unless we wait another 1 1/2 years until the 10-year period is over. We could also move into the house as tenants and then buy afterwards. Please tell me... is all of this legal? When you advertise a house, hire an agent to sell it, make so much effort for a person. Then in the end, something like this? One more thing... is it possible to legally bypass this real estate agent somehow? She has done NOTHING, absolutely nothing! We are desperate and do not know how to proceed......

Hello, he is selling the house and he makes the rules, that's how it is...

Of course, it's not the nicest way, but that's just how it is.

Your problem is that you will be chasing your 2,000 € and possibly have to pay the notary if you have commissioned him.

One more thing.... is there any way to legally bypass this real estate agent of course? She did NOTHING, absolutely nothing!

Yes, through him you got the address. That is the basis for him to receive his commission.

However, you do not have to pay him if the purchase is not notarized.

Suddenly, the owner says that he bought the house 8 years ago and that he would have to pay speculation tax if he sells it.

Have you already been to the notary?

As I had given my word, I gave the tenant the agreed 2000€ and wanted to arrange a notary appointment immediately.

Did you put that in writing?

We are desperate and don’t know how to proceed......

Have you already signed the financingvertrag?

Hello house buyers,

So we went to the bank with the exposé and submitted everything to the credit department. Our bank advisor only needed a land register extract. And the realtor was not able to obtain it!

Have you really submitted everything already? Normally, you first roughly check your budget, right? What you can afford as a buyer. I was also confused by the land register extract, which only comes into play when you have reserved the house to clarify the further steps with the bank and the notary contract is imminent. Well then. The behavior is crap, but you can only learn from it. It may also be that something else is wrong with the next house – as long as the notary contract is not signed, you as a buyer are a pawn.

The questions I ask myself: is this a scheme with the 2000€? The tenant promises to terminate their lease for 2000€, even though the landlord could have terminated it anyway. That would have been cheaper for you. Also, it is rather the seller who is in a kind of “emergency” than the buyer, so why do you have to pay the tenant a bribe? The owner is a property manager and doesn’t think about having to pay capital gains tax when selling? Well, when I have been thinking about selling our house for years, I would always have the sword of prepayment penalty hanging over my head. So I say: this smells like a small con. It may even be that you made yourself liable to prosecution with the bribe (coercion to move out or something) ... but I don’t know that exactly. I would report the scam myself if something about it seems underhanded to you. If you face a complaint from the authorities, there won’t be much fuss and it will be dropped – the focus will rather be on the con artist trio.

One more thing... can this realtor somehow be bypassed LEGALLY, of course? She did NOTHING, absolutely nothing!

She didn’t send you an invoice, did she?

A realtor only has to be paid when the notary contract is signed.

We are desperate and don’t know how to proceed......

Well, there are worse things. Get up, straighten your crown, and carry on.

It may even be that you have made yourself liable to prosecution with the bribe (coercion to move out or something like that) ...

With a rental termination agreement, that is not a problem. There is nothing illegal about it. That still falls under freedom of contract.

But generally. Luckily nothing worse has happened as long as you have a receipt for the 2,000€. Never pay anything before the notarized contract is signed. Consider it as an experience.

Another reason why real estate agents have such a bad reputation.

Are you getting the 2000€ back now? I mean, the tenant is fulfilling his part of the agreement and moving out. He will hardly want to give the money back.