Notarized preliminary contract - Some ambiguities

  • Erstellt am 2011-09-28 13:06:35

ronnystritzke

2011-09-28 13:06:35
  • #1
Hello, so I have now received the notary transcript and came across a few things. In section 2 there is a foreclosure notice and in section 3 a €9,207.00 forced mortgage for the state of Brandenburg. The seller inherited the property from her brother some time ago and now has to pay inheritance tax, which is this €9,207.00. Furthermore, the contract states: The purchase price in the deposited amount is sufficient for the release from encumbrances.

How do I know if there are any other costs registered in the land register, such as base fees for electricity, water, gas, etc., or other creditors?

How can I ensure that the property is transferred to me free of encumbrances?

Best regards, Ronny
 

madiewo

2011-09-29 11:08:35
  • #2
Hello Ronny,
it's quite simple. You have it confirmed in the purchase agreement that you take over the property free of encumbrances. Just get in touch with the notary. He will surely explain your questions in detail. After all, the notary also gets paid for the notarization. Under certain circumstances, you have to satisfy the registered creditors (pay off debts), but logically that will then be deducted from the purchase price.
Regards
Madiewo
 

ronnystritzke

2011-09-29 12:30:27
  • #3
yes, so I get the property free of encumbrances, the amount from the tax office will be settled simultaneously by my purchase price. unfortunately, the notary cannot assure me that other costs such as electricity, gas, water, property tax, or the like have been incurred, as such things are not recorded in the land register. I don't know what the legal situation is, but actually the owner until the sale of the property should cover the costs, or the companies should claim the money from the owner and not the new buyer, right? I mean, the owner used water and electricity, not the property....
best regards ronny
 

madiewo

2011-09-29 14:16:47
  • #4
Hello Ronny,
you actually shouldn't have to bear the costs such as electricity, etc. There are no encumbrances registered in the land register for this either.
Regards
Madiewo
 

ronnystritzke

2011-10-03 16:29:03
  • #5
So I inquired, also with a lawyer. There is a so-called economic transfer when the notarized contract is signed and I am registered in the land register. Everything incurred before that, such as electricity, water, etc., is the responsibility of the previous owner and everything that comes after logically belongs to me. So everything sounds pretty good so far.

Best regards, Ronny
 

ronnystritzke

2011-10-26 16:25:57
  • #6
I have an appointment with the notary soon where the mortgage will also be ordered, what happens next, when am I allowed to access the property?

best regards ronny
 

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