Notary contract. What should be considered? What should be included in the contract?

Hello dear users,

since we are about to purchase an existing property, I would like to ask which points we should consider in the notary contract or which tips you could give on what we should include in the contract to ultimately be on the safe side. Among other things, I have read that existing defects should be recorded. What use is that to me if, for example, item X is defective and I know about it and still buy the property under these circumstances? Or is it then about the fact that defects not listed are necessarily not known, so that one still leaves the option open in case one wants to contest something afterwards?

The following has now come to our attention: during the viewing it was said that all windows had been completely replaced. However, this is not entirely true. The frame of the living room window was not replaced and looks very worn (only the glass panes). Then there is a pipe in the garden that leads to the well and unfortunately does not work (we hadn’t even seen it before). Also, the doorbell does not work, probably due to the outdated telephone system. We only received this information recently from the current tenant. How should we best communicate this?

I look forward to your suggestions. :)

Hello,

in advance - I will not provide legal advice here, as this is exclusively reserved for the consulting professions in Germany!

I have read, among other things, that existing defects should be recorded. What use is that to me if, for example, item X is defective and I know about it and still buy the property under these circumstances? Or is it about the fact that defects that are not listed are necessarily unknown, so that you keep the option open in case you want to challenge something afterwards?

First of all, you have to distinguish between "normal" signs of wear and tear and fraudulently concealed defects, such as a damp basement. The condition of the used property is described in the notary contract as far as possible; if an appraisal is available, it is included in the general part of the notary contract. The notary - to be appointed by you - is obliged to both you and the seller and will accordingly draw your attention to one thing or another.

It should be well known that a used house does not have a new value. However, if it turns out after moving in that, for example, it was concealed that there is no double glazing on the windows, but only single glazing, that would certainly cause some "talking points" ;)

How should we best communicate this?

Just like here. People who talk can usually be helped.

Rhenish greetings

....

And now we noticed the following: During the viewing, it was said that all windows had been completely replaced. However, that is not entirely true. The frame of the living room window was not replaced and it already looks very worn (only the glass panes). Then there is a pipe in the garden that leads to the well and unfortunately does not work (we hadn’t even noticed it before). Also, the doorbell does not work, probably due to the outdated telephone system. We only recently received this information from the current tenant. How should we best communicate this?

I look forward to your suggestions. :)

It applies: bought as seen. This will be stated in the notary contract, more or less in these exact words.

Of course, as suggests, you can discuss defects. Nevertheless, the offer of the used property counts. If you think that this and that still needs to be renovated (and it doesn’t matter whether a window does not correspond to the offer or the interior doors are different than stated in the exposé), then you simply have to submit another price proposal.
So, it is not the exposé that matters, which is meant to arouse curiosity, but the property itself. It is your responsibility to inspect and check this. The kitchen appliances also need to be checked. If you think you want to make a different price offer because of a broken doorbell, then do so (50 euros???). Nevertheless, used properties are generally valued flat-rate, e.g., for non-renovated condition 1000 € per sqm plus land value. It can happen that something does not work and repair bills make the new start more expensive. You will have no legal claim, except, as Bauexperte says: fraudulent misrepresentation.
However, that does not include the damp wall in the basement, which has been permanently covered with wood so that the owners may not know about it. And broken doorbells are not included either :) Bought as seen. The sellers can theoretically remain silent during the viewing.

Thank you very much for your answers. I just find it a pity that he did not specify any defects or say it literally. Because he should be aware of the mentioned points. The doorbell is the least of the evils, but I will address the fact that the window frame has not been replaced. In my eyes, this is a not insignificant loss of value, since it is a very large window and the replacement would be more expensive.

The tenants also said that the carpet is still from the landlord. I can include the clause in the contract, right?! We will be doing quite a bit in the house, and I don't want to take on the work of others.

Why??? I sold my house just a year ago, which I bought 15 years ago...

I wouldn't know of any "conditions" being listed or named! The only fact is that the buyers are informed about the asbestos in the roof, which I had the buyers include, since I was obliged to disclose it. Everything else is settled through the price. The contract documents the sale of a parcel of land with an object such as (e.g. a basement single-family house, built in 1980).

You have to get out of your "tenant rights" feeling: the seller owes you nothing - either you want the house or not. As it is. If you don't buy it, then someone else will.

By the way, I know it like this: when selling, you highlight the advantages and not the defects ;)

... In my eyes, that is a considerable loss in value, since it is a very large window and the replacement would become costly.

Again: if the house does not correspond to the value, then you offer what the house is worth to you yourself. You agree on the purchase price!

.... We will be doing quite a bit in the house and I do not want to also take over the work of others.

You are mistaken: if you want to buy the house, it is only your work for your home, not someone else’s work... tzzzz and shaking my head :rolleyes: