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

The intention of the municipalities with such rules is to avoid land and real estate speculation. That means not only to curb speculation with land but also, for example, with developers. The goal of the municipalities is to create living space for families. After the owner lived in the house as a "family" and now has to sell in a "special situation" and you presumably also want to buy the house as a "family" and move in, I assume the municipality will give its approval here.

There are also strict limits for municipalities regarding repurchase rights and their validity (see BGH – file no.: V ZR 271/14, 26.06.2015). Whether the seller in his situation has the time, desire, and financial means to sue the municipality is questionable.

Additionally, the notary is only allowed to notarize until mid-March and therefore his fees must have been paid by then

I find that strange. Does he retire and the notary office closes? In federal states with full notary offices, these are usually passed on to successors and there is a smooth transition. Unfortunately, I do not know how it works in federal states with lawyer-notaries.

The seller is no longer able to pay the loan alone after the divorce, and moreover, his job is not secure. In addition, we are taking over the loan, so he does not make a profit from the sale.

Exceptions for compelling reasons are possible upon request, provided that the intent of the contractual conditions is not permanently or durably changed.

To me, it reads like financial distress. The municipality should see the exception there.

However, it is the seller's problem: he should get moving and present his documents to the municipality. You should accompany him to make sure these slowpokes hurry up with the process. Politely point this out...
Although... I just realized:
Nothing stands in the way of the sale (notary signature), since the municipal claims only arise after the sale. And those fall to the seller.

Exactly. But they will give up, [wetten]?

probably because he will have reached the age limit (70 years) by then or will otherwise resign from his office

That's how it is, he will no longer have a license to certify from the end of March.. Of course, he could have informed us beforehand, but we underestimated the hurdles coming our way.

This is money that the seller may have to pay to the municipality. Not you.

What is the current standard land value or what is the maximum amount we’re talking about? If it’s urgent and a manageable sum, I would have a clause written into the contract stating that if this clause comes into effect, you will share x % of the cost. x equals the bargaining margin.

Otherwise, it sounds like a small municipality. Then I would find out who the alpha in the building committee or municipal council is and call them informally to ask for their personal initial assessment.

It could be up to €90,000, according to the seller. We are aware that we do not have to cover this, but the seller does not have the financial means to pay it. We would also contribute, but not for such a high amount.

The idea to approach the decision-makers has also occurred to us, but since we are not yet involved, it could start off in the wrong direction.

Thank you very much for the advice!!

That is always the municipality's Grundstück. (simplified).

Problem of the seller, not yours.

Taking over the financing has nothing to do with the seller's profit, does it? Maybe he built the Grundstück for €50k and the house for €250k and is now selling to you for €800k. What profit is in the Grundstück is evident from the standard land value (or, if in doubt, by an expert opinion).

Yes, however, it is also our problem if the seller cannot pay this amount and therefore cannot sell us the house.

Profit meant that we know how much he paid for the Grundstück and also the amount of the loan for the construction. After building the house, he paid off for 2 years and now only demands that the loan be taken over.

Thank you very much for the information!