Living area calculation incorrect - House purchase

Well, basically I feel that this is "fraud" by the seller. You are then buying a house with 120 sqm and not 200 sqm. This of course affects the price. Furthermore, it is obviously a legal issue when usable space is used as living space. These regulations are not there for no reason. Is the house that great and are there so few offers with you that you absolutely want the house?

Fraud requires intent, which does not necessarily have to be present.

The seller might really believe that he has 200m² of living space. As mentioned, the ceiling height and the second escape route would have to be checked. Of course, you can now renegotiate the price, but if enough other people are interested in the house, then the house simply goes to someone who has no problem with that.

I was once involved with such a house as well. Although we were the sellers' first choice, since in addition to the living space there were other problems in the land register with usage and easement rights, the seller simply sold to someone else: to someone who didn’t care about all that. Fortunately, from today’s perspective.

Yes, we assume that the sellers believed or believed to be selling 200 sqm of living space. We have already hinted at the issue and he reacted very cooperatively. We have not yet discussed the purchase price in this context, but we probably intend to do so. The conditions have simply changed and we hope that the seller sees it the same way. The first approach would be to consider what an official change of use including the necessary measures (windows, insulation, ...) means in terms of financial effort.

Of course, we are very afraid that the house will be sold to someone else at short notice. Currently, it is not listed, we were exclusively (so far) made aware of the planned sale and have already committed early. The issue of living space has now newly come up.

Thank you very much to you

What exactly needs to be available for the purchase process? Are there disadvantages or even advantages due to the old, now incorrect living space calculation?

The notary does not require any information or documents. However, the bank does check.

Usable as living space for us privately are the 200 sqm.

Other interested parties will see it the same way and pay the required purchase price. After all, these areas exist, which are residentially developed (costs money) and usable. The approval side is another matter.

The conditions have simply changed and we hope that the seller sees it the same way.

What has actually changed about the house? Are rooms suddenly no longer usable? My opinion: Be picky and renounce the house or buy and use it as it has been used for years. As a seller, I would tell you: Take it or leave it, otherwise someone else will buy it.

Thank you for your feedback. NOTHING has actually changed about the house, except for the fact that on paper the house only has 130sqm (instead of the announced 200sqm) of living space. To make the basement rooms an approved living area, financial effort is required. If we want/need to sell the house in the future, we have to expect that the potential buyer will bring up the same arguments. Personally, I would have a problem advertising the house with 200sqm of living space because it is not factually correct. If we want to rent out the entire house in the future, we could not charge rent for 200sqm, but only for 130sqm.

As far as private use is concerned, I agree with you. Nothing changes for us.

As far as personal use is concerned, I agree with you. Nothing changes for us.

The seller will say that too. Nothing changes with the rental either, you just get rent for 130 sqm of living space and 70 sqm of usable space that is finished for living purposes. Who cares about the legal side in real life – legally speaking, I agree with you. This is how it happens every day with you guys. You buy a piece of a house – not necessarily a certain number of sqm of living space + sqm of living usable space + sqm of actual usable space. Don’t get hung up on the sqm or the legal situation. Otherwise, someone else will just buy the house.