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

First the procedure. The purchase agreement is notarized. In one clause it states that, for the payment of the price, among other things, besides a clean land register etc., the waiver of the right of first refusal by the city is also required. The notary will therefore not request payment from the buyer before this is in place. If the city now exercises the right of first refusal, then the contract is null and void anyway. But that does not happen. Something else might possibly happen, which depends on the contract the original owner has with the municipality or city. It could be that it states that if xy is sold within z years and a surplus compared to the originally paid price is achieved, then the municipality must be involved with x percent, unless it explicitly waives this. Such a construct can only be circumvented if the purchase contract between you becomes null and void, should the municipality not waive. For the municipality to waive, the council must know the situation, so the seller should play with open cards, telling the mayor or council leader, depending on the municipal constitution, "Mr. Sundso, I want to sell at this price because I am backed into a corner. And if I achieve this price, I can clear my debts and try a fresh start, but if you want sum x from me now, it won't work. Then I will probably not be able to prevent a forced sale by the bank. .... With some luck it will go through. If not, as the buyer you just have to wait until the bank acts and then step in. K.

Attached again is the already quoted paragraph from the deed, maybe this brings more transparency.
I perhaps should have uploaded this earlier. Since I am not sure about my powers, I have blacked out part of it.



Also unclear why there is talk of 5 years of own occupancy and then again of disposal before the expiration of 10 years. Is the time for completion possibly taken into account here?

Yes, that is also somewhat confusing for me, because the bank does not yet have a contract on the basis of which a decision can be made. To my knowledge, the municipality must issue a negative certificate within 2 months after the notary has certified. Then they will also have the purchase contract on hand. I hope this preliminary decision of the municipality is binding..

I see good chances that the seller will not have to pay anything. After all, it is about the purpose of not using the plots for speculation. There will be an exception for that

I maybe should have uploaded that earlier.

The local resident model is quite common and I think each municipality decides individually... the meetings are public, so you can attend....