Layer water / Surface water - what now?!

Hello,

the broker has offered me to conclude a preliminary contract. This basically results in a right of first refusal. He would then not list the property again. That would give me the security, so to speak, that it can no longer be snatched away from me. However, if I still decide against the purchase (e.g. due to a negative soil report), this preliminary contract is not legally binding.

So if I actually commission a soil report in advance now, it would be absolutely sensible to secure a right of first refusal through the preliminary contract, wouldn't it?! If the result is positive, I would then exercise the purchase option and everything is fine.

By the way, I now have a soil report for a construction area located about 350m away. The broker requested it from the municipality. They are selling the plots there. I just fear that no meaningful conclusions can be drawn from it, because conditions there might already be completely different?! Although aspects like groundwater level or earthquake zone probably should not be so completely different from one meter to the next. Apart from that, I can't make sense of the report. Five boreholes were taken (small drilling and dynamic probing). Unfortunately, I can't make sense of the graphs and diagrams shown. But the report does have the geologist's address. I could certainly have the report explained there if that is sensible.

My aim is naturally to avoid unnecessary costs. But I definitely don't want to save in the wrong place. Since I am a beginner in this field myself, I trust the knowledge of experts, like I have fortunately found here in the forum.

Regards

Chris.

Hello,

the broker offered me to conclude a preliminary contract. This basically results in a pre-emption right. He would then also not list the property again. This would give me, so to speak, the security that it can no longer be snatched away from me. However, if I still decide against the purchase (e.g., due to a negative soil report), this preliminary contract is not legally binding.

And how binding it is, you do not include the "positive" result of the soil report as a mandatory purchase decision in the wording => as a layman, you should also not tackle this without consulting a lawyer – at least DEKRA or similar institutions.

By the way, I now have a soil report ... I just fear that no meaningful conclusions can be drawn from it ...

I have seen horses puke in front of pharmacies before.

My aim is, of course, to avoid unnecessary costs. But I definitely do not want to save in the wrong place.

Nobody can wash without getting their fur wet; not even you. You will have to have the soil report prepared at your own risk – for a preliminary contract, you should seek expert advice; writing off €1,000 - 2,000 as learning expenses is better than possibly servicing a bottomless pit (€uro) for life! That, I call avoiding unnecessary costs.

Kind regards

Hello,

now you have convinced me.

I had a nice conversation with the realtor yesterday. I already have an address from a geologist in the region. He charges 800 EUR + [Märchensteuer] for a soil report. There is even a little room for negotiation. The realtor promised me that he will also inform me if there are other serious interested parties. So it won't be the case that the property suddenly gets sold to someone else. "That's how fair I am," he says. So I will avoid a preliminary contract for now. Next week I will commission the report and then hopefully it will go to the notary.

When do I have to have the money ready? Do I have to bring the black briefcase to the notary already?

Best regards and have a nice Father's Day (I’m not one yet, but the beer will surely taste good today anyway :cool

Chris.