House seller cancels before notary appointment - Schufa

  • Erstellt am 2016-04-11 13:02:04

ronker

2016-04-11 13:02:04
  • #1
Hello forum,

I want to buy a used house and have a question regarding the issue with Schufa in case the seller backs out before the notarized purchase contract at the notary. I have already heard this several times from acquaintances who experienced that private sellers (sometimes selling privately without an agent) decided in favor of another buyer or their higher offer due to the very tight market.

My wife and I have already obtained a Schufa self-disclosure in advance, which shows no surprising entries, and the basic score as well as all other score values are each at least 98. In a consultation at Interhyp, I was assured that when later selecting a loan offer from a bank, only preliminary inquiries are initially made, or rather, no concrete requests are made to the banks but through the Interhyp database.

However, when a bank is selected, it will certainly request a Schufa report no later than the loan application, probably with the characteristic "loan inquiry" and not just with "conditions inquiry." If the seller backs out shortly before the notary appointment, the Schufa score will certainly worsen, and after several such rejections, it may no longer be possible to get a loan contract. It is also questionable whether, in the case of another purchase attempt much later, the same credit institution will be chosen again through Interhyp and whether, if it really is the same institution, it will not still perform another Schufa inquiry.

Can one generally say how much the Schufa score worsens due to one or more loan inquiries? It is quite conceivable (although unlikely) that one is very unlucky and two or three sellers back out.

I am also wondering what happens with any notary costs incurred if the buyer has commissioned the notary and then the seller unilaterally backs out.
 

Bauexperte

2016-04-11 13:12:49
  • #2
Hello


All of this can be discussed with the financing bank. It is not uncommon for the bank to give a financing commitment under reservation in the first step. The reservation lasts until all requested information is available and the Schufa also shows no surprises. You can use this time to finalize the draft of the notary contract with the seller; the seller will surely also expect a financing confirmation so that everything can proceed hand in hand.


You are never completely safe from that; however, it does not happen as often as you describe. Even if it does, you can prove it to your financing bank. Where should a problem arise here?


A matter of negotiation. I would always insist that the notary costs are only covered if the property can actually be purchased by me.

Rhenish greetings
 

HilfeHilfe

2016-04-11 14:59:45
  • #3
Hello,

you should be aware for your own protection to have a loan commitment on the table (loan agreement) parallel to the notary appointment. The notary appointment should be scheduled so that in case of emergency the loan agreement can be revoked within the legally stipulated period. Otherwise, you have a loan but no property.

To my knowledge, a Schufa check is always done hard for a loan commitment, meaning it negatively affects your creditworthiness accordingly. Do you have such a bad feeling? That something like this might happen, OKAY, but 3-4 failed appointments that send the Schufa rating down the drain I personally consider unrealistic.

Inquiry about conditions or loan inquiries are not commitments from the intermediaries. Yes, they can provide forecasts, no, they do not give commitments.
 

ronker

2016-04-11 15:53:22
  • #4


Actually, I don’t have a feeling about that yet, but I have become a bit thoughtful after hearing about a case where the second notary appointment already fell through because the respective seller then withdrew, presumably due to a higher offer, and the real estate market is currently - at least here in the region - clearly a seller’s market, and I have also already seen a few offers competing for "highest bid."

Maybe it also makes a difference whether you go directly to a bank or through an intermediary and possibly have different potential lenders over time...
 

Prosecutor

2016-05-05 18:59:19
  • #5


The obligation to pay arises for the person who commissioned the notary to prepare a draft purchase contract. There is no more room for negotiation. One should carefully consider whether to order a draft in advance (for what reason, actually?) or rather negotiate and finalize the matter during the appointment.
 

Bauexperte

2016-05-05 19:15:51
  • #6
Hello,


Well, you are quite the sweetheart...

A notary contract draft – in case you didn’t know before – is comparable to a negotiation basis, which both parties work towards within 14 days to finalize the notarial contract. If the purchase goes through, in the vast majority of notarial closings the buyer of the property/real estate pays the notary costs. If one of the parties withdraws within the 14-day period, the one who ordered the music pays.

By the way, every notary will – understandably – refuse to reconcile different positions in a notary appointment.

Rhineland regards
 

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