Is the broker obligated to show the existing building site assessment?

  • Erstellt am 2012-10-24 10:18:07

afrodita

2012-10-24 10:18:07
  • #1
Hello,
my husband and I recently wanted to buy a building plot. To be on the safe side, since it is a hillside plot, we had a building ground report prepared in advance with the consent of the owner or his agent.
Now the purchase has fallen through because we wanted a withdrawal clause in the contract due to a necessary preliminary building inquiry. The agent and we, and presumably also the owner (whom we never spoke to), did not want to agree to this and canceled the whole thing.
The plot is still not sold, and we now have a building ground report that is of no use to us.
I remember reading somewhere that the owner is obliged to show potential buyers an existing building ground report. My question is whether this is true and where I can find this information. If we cannot buy the plot, at least we could recover part of the costs for the report.
The agent would have to purchase the report from us to show it to other potential buyers.
Thank you for your answers.
 

Bauexperte

2012-10-24 10:50:21
  • #2
Hello,


From my point of view, quite understandable.


That would be new to me, but I may be mistaken. The seller is obliged to inform you of all encumbrances related to the property. For example, if he knows that the property contains a large number of Roman shards – not uncommon in Cologne – he must inform you; the same applies to encumbrances, for example, from formerly existing commercial buildings.

If I understand you correctly, you are the first to have had a soil survey carried out on this property. In this respect, the soil conditions are still unknown to him. Does the soil report mention anything unusual?


In my opinion, "must" cannot be spoken of here; mind you, only if my information is still current.

Why don’t you propose a deal to the broker/owner? Either he buys the soil survey from you – it’s a must for any potential new buyer to have one made anyway – so it’s no disadvantage for the current owner to offer a property with a soil report. Or he tells you the new owner once the property is sold?

Hardly more than a no can come of it :-)

Kind regards
 

E.Curb

2012-10-24 12:22:14
  • #3
Hi,



But it is YOUR survey.
If the agent were obliged to show the survey you created (or at least commissioned) to other buyers, you could say "hey, you can buy my survey for €1,000,000." So purely theoretically........

Regards
 

afrodita

2012-10-26 13:29:40
  • #4
Thank you very much for your answers. It was not about making a profit from the matter, I just wanted to know if what I had read was true, and if so, it would be nice to at least get part of the costs refunded. But since it is not true, the whole matter will be forgotten and the search for land or a house will continue, and the costs for the soil survey will be recorded under other costs and forgotten.
 

Musketier

2012-10-26 14:52:28
  • #5
You can still suggest to the real estate agent and the owner that they offer the appraisal to a new interested party. With a certain discount, the new interested parties/buyers will surely be happy and you will at least get some of the money back.
 

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