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

Hello,

Thank you very much for your answers. I just find it a pity that he didn’t mention any defects or say it literally. Because he should be aware of the points mentioned. The doorbell is the least of our worries, but I will address with him that the window frame has not been replaced. In my eyes, that is a considerable loss of value, as it is a very large window and its replacement would become more expensive.

A used property "can" – provided it is renovated after purchase – often end up being more expensive overall than a comparable new build. If the plot is not in a sought-after location, this is also noticeably reflected in the selling price.

What you are describing are "normal" signs of wear; I don’t see that you have any right to hold this against the seller. Either you buy at the offered sale price or another interested party does.

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 lot in the house, and I don’t want to take over other people’s work.

You will inevitably do so, because it remains a used property and tastes are simply different. A carpet, or its presence or even replacement, has no place in the notary contract. If there are no serious defects, no appraisal, Yvonne is right and the notary contract says “as seen, purchased” and that’s that. It’s comparable to buying a car; after a certain age, the upholstery is also worn from daily use ;)

To be honest, I don’t have much understanding for your way of thinking. During the sales efforts for our private property (an appraisal was available), I politely declined interested parties like you and wished them good luck with their further search.

Rhenish greetings

Hello Witalja,

in such negotiations, it’s not directly about the window frame (and definitely not about the carpet, you better leave that topic out if you don’t want to be laughed at), but about finding out the current price for the property that will be accepted.

For this, you first have to figure out how much you want to pay for the property and still be able to sleep peacefully if you win the bid. This is an overall question; it really isn’t about a f****** window frame. If you get the bid, you have the property on your hands – including all the defects you know about. And also including the defects that you discover later, but which don’t fall under "fraudulent misrepresentation" or where you can’t prove fraudulent misrepresentation. Live with it, you have to weigh the risk beforehand, and if your hand shakes in the notary’s office, you should maybe take that as a sign that renting also has its advantages.

If you really like the property, just take an expert with you if you have no idea. That will cost you amount x, but will save you future trouble or give you an overview of the expected costs. After that, you make your offer and see what happens.

One thing I can promise you: if there are multiple interested parties and you come in with the carpet nonsense, your negotiation talk is over. Exactly as the building expert described it. If you’re lucky.

Best regards
Dirk Grafe

Thank you for the lively participation. :D

...

First, you have to figure out yourself what you are willing to pay for the property and still be able to sleep peacefully after winning the bid. It is an overall question; it really isn’t about a damn window frame. If you get the bid, you have the property hooked – including all the defects you know about. And also including the defects that you discover later but that do not fall under "fraudulent misrepresentation" or where you cannot prove fraudulent misrepresentation. Live with it, you have to weigh the risk beforehand, and if your hand trembles in the notary’s office, you should maybe interpret that as a sign that renting also has advantages.

...

I have already made the seller an offer. That’s why the window frame issue bothers me, because otherwise I would have offered him about 500-1000€ less. Because if I sell someone a car and tell them that all tires are new, but actually only two tires have been replaced, I don’t think that is fair. That he doesn’t have to and will not list the defects for me is legitimate, but I personally prefer the honest approach when making statements. Nothing more, nothing less. ;)

About the carpet: That was a question of whether I can demand to move into a "completely emptied house"?! If someone proposed price X to me and made it a condition that I have to throw out the carpet in two rooms, honestly, I wouldn’t have found that so unreasonable. But it is seen differently, that’s okay.

Building expert, I am by no means a nitpicker and I think I know what kind of person you are talking about. Those people see more than exists, just to push the price down. But I personally prefer to pay more and save face rather than present myself like someone else.

I have long since weighed the risk and will take it, regardless of the flaws.

... because otherwise I would have offered him ~500-1000€ less. ...

If someone had offered me a bid with about "~500-1000€ less" (because of a window), I would have laughed at the counteroffer to take all the wall-mounted bathroom accessories, including the automatically lowering toilet seats :D. And of course, I wouldn’t be up for the dismantling, meaning "bye, find yourself another house"!

You can’t offset 1000 euros in a resale property. It’s just ridiculous! You also don’t get paid when selling for the now 40-year-old maple tree in the garden, which is now worth more than 5 high-quality windows. That’s not how buying/selling a resale property works!

Thanks for the lively participation. :D

I have already made an offer to the seller.

Then the thing is settled, offering less afterwards will be difficult.

Best regards
Dirk Grafe

ypg, you are wrong. The house was actually already sold, but because I happened to have offered 2000€ more, as I later found out, the contract was awarded to me. And I would be glad if all bathroom accessories were removed. The toilet can be made of marble, it will all be taken out anyway. Dirk, that may be true, but I will contact the seller this evening.