Inspect the property before purchase

  • Erstellt am 2017-07-02 14:17:29

Bauanfänger36

2017-07-02 14:17:29
  • #1
As already mentioned in the other thread, I have found a plot of land and it should soon go to the notary. There is an existing building on the plot (demolition costs 12K, two different companies have inspected the house). I will not do a soil survey beforehand, since there is already a house on it, and the neighborhood is completely built up. So I do not expect a swamp or anything like that.

My insurance broker, who also works in the real estate sector himself (and also earns from the financing of the land and house), gave the "green light" after reviewing the land registry documents. (Of course, one could say: He might not care. But if there are problems with buildability, he probably won’t be able to arrange a home loan for me that is significantly higher than the land loan.)

From the municipality, I have written information that the plot is located in the so-called "ungeplanten Innenbereich," for which there is no development plan, so the planning law permissibility results from § 34 of the Building Code.

The notary responsible for the sale should also have expertise, but in the end, he might not care either. He always gets his money, whether I buy a junk property or a dream building plot.

I am now considering whether to also bring a lawyer on board who will examine the land registry documents and the purchase contract again in detail. Or is there another place I could turn to?
 

ypg

2017-07-02 18:52:39
  • #2


What might not matter to them? Yes, the condition of the junk property or the plot of land. For that, you should find someone who understands your project as well as the building ground.



It is the notary’s task to check the documents for accuracy, and they draft the purchase contract.
While a lawyer earns money by mediating and writing letters where others can’t communicate, a notary can lose their license for giving false information. But well: some people don’t even trust a notary… but then I would trust a lawyer even less ;)
 

AndreasPlü

2017-07-11 13:20:47
  • #3
A soil survey might not be a bad idea. A few meters difference can make a big difference a few meters deep, as with us. And how do you want to exclude [Altlasten]? The latter could at least be included in the purchase contract with a formulation like "The property will be handed over free of [Altlasten]."

Otherwise: Have you asked the municipality whether there are old easements or similar on the property? In the worst case, that could ruin your financing.

The land register should of course also be clear.
 

wpic

2017-07-11 16:10:49
  • #4
Commission an architect or civil engineer who also offers real estate purchase consultations to evaluate the property in a detailed inspection and also review the documents related to the property.

These regularly include the current excerpt from the land register, an excerpt from the register of encumbrances, proof of exemption from development costs, and all other construction, planning, and property law documents that could mean encumbrances and restrictions on the property and its future use by you. A lawyer specializing in construction and architectural law can largely do this as well, but at quite different hourly rates.

Furthermore, the architect/engineer should be able to realistically assess the existing property regarding demolition costs and any special disposal costs for old hazardous construction materials. An on-site purchase consultation within a time frame of 3 hours should gross between €350-400, possibly plus travel expenses.
 

Bieber0815

2017-07-11 17:47:59
  • #5
The notary may also notarize contracts that are somehow not good for one party. He is obligated to explain the legal consequences, but I wouldn't expect too much from that here. A lawyer reviews the contract content-wise in the interest of their client. Whether this is necessary for a real estate purchase remains to be seen... What does it say about contaminated sites, etc.?

Since there are offers for demolition costs, I assume that unpleasant surprises (asbestos or the like) can already be excluded.

Apart from that: See #4!
 

ypg

2017-07-11 21:24:01
  • #6


Yes, you have to inform yourself regarding the content, that is correct. However, it was probably about the completeness of the documents, if I remember correctly. I always have a sort of bad taste about lawyers...
 

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