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

2020-02-12 17:13:54

To me, it reads like financial distress. The municipality should see this as an exception.

However, it's the seller's problem: he needs to get moving and present his documents to the municipality. You should accompany him so that these slowpokes hurry up with the process. Politely point it out...
Although... it occurs to me:
Nothing stands in the way of the sale (notary signature), as the municipal claims only arise after the sale. And those are then the seller's responsibility.

Hello Yvonne, thank you for your response!

Yes, we have done that, I approached the seller firmly and he has also spoken to the municipality several times already, who, however, cannot decide on their own (understandably).

Yes, the notarization could also already be completed, but the purchase would not come about if the seller had to pay a large sum.

Would that be advisable? Then perhaps even more would have to be paid to the notary?
Or we have asked the notary about the possibilities and he has not mentioned anything so far.

Thank you very much!

2020-02-12 17:16:10

Exactly. But they will abstain, bet?

Hi Nordlys!! I wish for that as well and it is very motivating!! May I ask where you get this certainty from? Have you ever heard of a similar case?

2020-02-12 17:26:21

The intention of the municipalities with such rules is to avoid speculation with land and real estate. That means not only to curb speculation with plots of land but also, for example, with property developers. The goal of the municipalities is to create living space for families. Since 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 and move into the house as a "family," I suspect that the municipality will give its OK here.

There are also strict limits for municipalities regarding the repurchase rights or their validity (see BGH – Az.: V ZR 271/14, 26.06.2015). However, whether the seller has the time, motivation, and financial means to sue the municipality in his situation is questionable.

I find that strange. Does he retire and the notary office will be closed? In federal states with full notaries, these are usually handed over to successors and there is a seamless transition. Unfortunately, I don’t know how it looks in federal states with lawyer notaries.

Thank you very much, Romeo!

That already sounds promising!

We are also moving in as a family, but without children.... I hope that does not negatively affect the process, especially since a children's component of 3000 euros was deducted during the land purchase.

The notary office will be closed, and he will assist another notary in the future. If the new notary performs the certification, of course, they will also charge a fee. Thus, the previous work (draft) would have been in vain.
- that’s how it was explained to us

Thank you!

2020-02-12 17:43:35

Don't worry at all. Absolutely nothing will happen - the compensation payment does not concern you and the city will not enter into the purchase contract. They don't have any money for committing themselves to a single-family home and then having to sell it again themselves.

2020-02-12 17:44:13

Why take over the seller's financing? The terms must be completely unattractive from today's perspective. Especially since you probably still need additional capital to complete it, meaning you then get that also from "his" bank? Another one won't be found if the first rank in the land registry is already occupied.

In general, I have the impression that you have far too much empathy for your seller's problems. You pay the appropriate market value; the rest is his problem. He will probably go insolvent with the property after two years of use and then a forced sale of a half-finished property. But it's not your task to share this fate.

Are you connected with the seller privately in any way?

2020-02-12 17:45:20

To me, this sounds like a typical case of a municipality that prefers to provide building land to local residents or wants to keep speculators away. In this respect, it is likely not insignificant how much your local connection influences their mood. As the case stands, no one would seriously assume that the previous owner was just a front man to circumvent a local resident model. What would never be in the municipality’s interest, in any case, is that it would become an involuntary large landowner by bidding on distressed properties. Single-family homes are small-scale objects that all municipal housing subsidiaries (finding them unattractive to manage) dispose of, as far as this has not already happened. No municipality wants to own single-family homes themselves; the clause is usually purely for speculation protection.

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

Hauskauf 2020

Hauskauf 2020

Hauskauf 2020

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