Is this clause permissible?

We are planning to buy a house from an [erbgemeinschaft]. Two of the heirs currently live in the house and are both unemployed (they have been living off the inheritance for years and now the money is running out and the last house is also about to be sold). To ensure that they vacate the house as soon as possible, we will specify in the contract that payment is due upon moving out. Now the question is whether I can possibly accelerate the move-out: So if the two of them commit to moving out within 3 months, can I include a clause in the contract stating that the purchase price will be reduced by, say, €600 for each month beyond that? We just want to protect ourselves from buying the house and then the two just happily staying there afterwards (which could be expected in this case). Is this possible or do you have any other idea how we can protect ourselves?

As you yourself suggested, I would only carry out the house purchase step by step. I would include in the contract that the purchase price is to be paid subject to the property becoming available (possibly into an escrow account) and only released by the trustee (e.g., the notary) after the residents have moved out.

Whether this can be done legally as simply as described is uncertain. Read a few articles about "Hausbesetzern." It is not simply possible to evict people from the apartment (regardless of whether they pay rent or not) without committing an offense (e.g., by breaking in and evicting ;)). An eviction lawsuit can take years.

Because of all these uncertainties, I would strongly recommend consulting a lawyer. Have him tell you (in writing) what needs to be done and in what order. The lawyer must be liable for his advice. You should invest the money if you are not sure about the current owners.

hi,

so with the house purchase it is possible. Since the "tenants" are the owners, such an agreement can be made. However, I would expand the clause. We buy the house at the price of amount x, if the two heirs have moved out definitively by (time 3 months) (possibly require re-registration as proof). Payment is made upon proof of the move-out. After the 3 months have passed, I remain bound to the purchase contract until... (e.g. 6 months). However, the purchase price is reduced by €600.00 for each month elapsed. If no move-out occurs by (6 months deadline), we withdraw from the purchase contract. Normally, the other heirs should then push for the two to move out. Usually the notary then also properly incorporates this into the contract.

Regards Bromi

Yes, exactly that's what I meant! I don't want to accuse anyone of anything—but in this case, I consider it necessary to protect myself in this way. Then I'm glad that something like that can be included in the contract.