House purchase: Sale before the expiry of 10 years - Right of first refusal

....and how do you know that the price notarized by the notary is actually the one that changes hands?

Well, a municipality must have that much trust.. I don't think a municipality would speculate that black money is involved in such a decision.. which of course is not the case!

Otherwise, every decision by a municipality would be exposed to third-party interests on a monetary basis...

....and how do you know that the price notarized by the notary is actually the one that is really being paid?

Since the purchase contract could be declared null and void afterwards in such a case (problem for the seller) or the seller may no longer want to pay the higher price afterwards (problem for the buyer), I would be cautious in such a case. And if it comes to light, then there is also tax evasion (real estate transfer tax) at issue for the buyer or aiding and abetting for the seller.

And if the price is so low and the municipality has a pre-emption right, it could even be tempted to exercise it...

so much babble, sorry. The exercise of the right of first refusal was nowhere mentioned by the OP.

Now get to the point: if the municipality wanted the money, how much would it be? And would you still want to buy the house or would the seller want to sell? if yes, consider how you want to

a) deal with money for the municipality
b) deal without money for the municipality

and have that included as an option in the contract.

If no, then have the notary contract drawn up on the condition that the municipality wants nothing.

Whether they want something can only be told to you by the municipal council but certainly no one here in the forum.

The exact amount would have to be determined by an appraisal committee. The difference between the purchase price of the land in 2015 and today’s value would be about 90,000 euros.

To be honest, the likelihood that the municipality will assert its right of first refusal is not a concern; I have been told the probability is very low. Since the property is in a new development area, I have no worries about that.

Would we still buy the house if the seller had to pay 90,000€? Yes, of course, but the seller would have to have the financial means.

Splitting this amount would be an option, but it’s “not our problem,” so it would need to be negotiated precisely how the shares would be divided.

After many answers for which I am grateful, I have to admit that you are right... We will only get the answer from the municipality...

Thank you very much!

After many answers for which I am grateful, I have to admit that you are right... We will only get the answer from the municipality...

correct. I already said that at the very beginning One more question: do the 90 million refer to the difference in the typically paid land prices or to the land reference values? In the former case, the difference in the demanded land reference value will probably be lower. Which federal state is that?

Attached again is the previously quoted paragraph from the deed, maybe this will provide more transparency. I perhaps should have uploaded this earlier. Since I am not sure about my authority, I have redacted part of it.



It is also unclear why there is talk of living in it yourself for 5 years and then again about disposal before the 10 years are up. Is the time for completion possibly being taken into account here?

Biebersgemünd?

No, it is not Biebersgemünd.. Since quite a lot of information about the buyer has already been disclosed, I would not want to turn it into a guessing game for now.. you surely understand