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

  • Erstellt am 2020-02-12 00:06:32

User0815

2020-02-13 17:38:47
  • #1
I just fear that the city will only decide after the purchase contract has been presented - before that, they cannot be sure how much money is actually raised and thus calculate the difference...
 

Snowy36

2020-02-13 19:27:30
  • #2
Short side question: who chose the notary, you or the seller? And did you have an expert with you who checked if everything is okay with the house? The local resident model is quite common and I think every municipality decides individually ... the meetings are public, so you can attend .... I understand your agitation but here it means keep calm and wait to see what they decide ....
 

Hauskauf 2020

2020-02-13 20:10:37
  • #3


We selected the notary; he has already conducted a notarization for us once – everything went great.
That he is retiring is of course annoying, but I am sure we will find a solution. So far, he has only prepared a draft..

Yes, it is becoming increasingly clear that it all comes down to waiting. Thanks for the tip that you can be there; maybe I can find out the exact date on the municipality’s website when it happens.

Thank you very much for the advice!
 

Nordlys

2020-02-13 21:37:25
  • #4
First the process. The purchase contract 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 also belongs. So the notary will not request payment from the buyer before this is provided. 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 happen, depending on the contract the original owner has with the municipality or city. It could be that it states if xy is sold within z years and a surplus over the originally paid price is achieved, he must involve the municipality with x percent, unless they expressly waive it. Such a construct can only be circumvented if the purchase contract between you becomes null and void, should the municipality not waive it. For the municipality to waive it, the council must know the situation, so the seller should play with open cards, telling the mayor or city council chairman, depending on the municipal constitution, Mr. So-and-so, I want to sell at this price because I am backed into a corner. And if I achieve this price, I am free of my debts and can try a fresh start, but if you want sum x from me now, it won’t work. Then I probably won’t be able to prevent a forced sale by the bank. .... With some luck this will go through. If not, you as a buyer just have to wait until the bank takes action and then step in. K.
 

Snowy36

2020-02-14 06:41:55
  • #5
When the bank gets the house, it will go for a much higher price ....understand it ....
 

guckuck2

2020-02-14 07:12:12
  • #6
Yeah, and if he goes bankrupt, everyone will wonder why he sold the house off cheap. You don't want to experience the aftermath either. Especially since there are acquaintances involved here that certainly run deeper than has been admitted so far.
 

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