Notary costs for the buyer in case of non-purchase

Hi dear all,

I need your assessment of the following situation:
We found a plot on Immoscout and sent the realtor a copy of our IDs and a letter from the bank as a sign of our interest, stating that we would get the money (subject to a positive credit check). We then received confirmation from the realtor by phone. Then it started:

[*]It turned out that the realtor sent us the wrong development plan. I then got the correct one from the city. The building regulations were completely different - partly contradictory.
[*]When I asked if there was a soil report ("No") and whether one could be made, the answer was "Yes, but the other interested parties do not want a report... so you should think about it."
[*]Then he called to say that the plot was not fully developed up to the property as previously stated, but the lines were laid up to the street (opposite side under the asphalt). His estimate of the extra costs: 3000 euros. When I asked whether the seller would share these costs with us, the answer was "No, if we don’t want to pay, they will put the plot back online – it will sell given the current market." I checked with the city, and opening the street and extending water/sewage, gas, electricity, phone/internet to the plot costs around 15,000 euros – so his estimate was slightly off.
[*]Then I wanted to commission my notary (my right as a buyer) and was told that the sellers are not very mobile and don’t want to drive far, so they insist on their notary.
[*]It was then said on the phone that the notary contract would be sent and we would arrange an appointment in a few weeks (Fridays).
[*]On Monday, a WhatsApp message (!) came from the realtor saying, "Dear Ms ..., are you available on Friday?" No reason, no greeting. It was about a notary appointment. But we had not even yet spoken to our bank. After what felt like an endless discussion of "Are you really not available Friday?!" I postponed it to the following week.
[*]Two days after the WhatsApp exchange, the draft purchase contract was emailed by the realtor.
[*]The bank then told us we need an official site plan. The realtor did order it but it won’t arrive in time to get approval from the bank before the notary appointment.

The whole process took place within two weeks. Today we were at the plot with people who know more than we do and were made aware of some points that need clarification.
Final word: I would now like to simply cancel with the realtor – we will continue searching.
What do you think about the story in general? Do you think he will try to make us pay the notary costs?

Thanks for your feedback and have a nice Sunday
Andrea

The story arouses mistrust towards the real estate agent. Under the described circumstances, I would not have made a deal with him either. You have neither appointed a notary nor received any service. Therefore, no claim arises against you.

What do you think about the story in general?

When I read the first paragraph, it sounds as if there hasn’t even been a viewing or any interim contact yet ;)

Do you think he will try to push the notary costs on us?

I am puzzled that you only get a confirmation first, then there is talk of other interested parties who do not want an appraisal.

Of course, if you have a bargain on the market, there is pressure when it comes to buyer’s claims. You actually have to waive the appraisal sometimes and speculate that everything is okay, otherwise you never get your chance. Or exactly as you did: going there with acquaintances, because more eyes see more.
I would be interested in the debatable reasons that are now preventing you from buying.

Anyway: I wouldn’t let it come to that. You have made it clear that you definitely want to buy the property, so notary costs could be imposed on you.
But: apparently you were forced into some situations, and I would communicate that even if an invoice from the broker is sent to you.
For one, the missing bank meeting, which should have been possible by now. Then the right to choose the notary freely as well as knowledge of the contract with a two-week limit.
The broker did not act properly, but pushy.

I would not write that letter myself, but have a lawyer do it. That doesn’t cost the earth and must be accounted for by you as experience or special expenses.

When I read the first paragraph, it sounds as if there hasn’t even been a viewing or any intermediate contact yet ;)

My mistake: No, of course we did look at the property and then called the realtor (he was never on-site with us). :)

I am puzzled that you first get a commitment, then other interested parties are mentioned who don’t want an appraisal.

Yes, that was basically always the message: There are other interested parties, if we fuss, he’ll just give it to them… basically: you still(!) have the commitment.

But: you were apparently pressured into some situations, and I would communicate that even if the realtor passes a bill on to you.
On the one hand the missing bank meeting, which should be possible in the meantime. Then the right to choose a notary freely as well as knowledge of the contract limit of 2 weeks.
The realtor did not act properly, but rather pushy.

What does contract limit 2 weeks mean? Should he have given us 2 weeks after receiving the contract?
Is it even professional that the realtor sends us the contract by email, not the notary by post?

I wouldn’t write this letter myself but have a lawyer do it. That doesn’t cost the earth and must be recorded by you under experience or special expenses.

Definitely! That would be worth it to me too.

Thanks very much in advance for the help :)

What does limit 2 weeks mean? Should he have given us 2 weeks' time after receipt of the contract? Is it even reputable that the broker sends us the contract by email, not the notary by mail?

Yes, email and attachment is reputable. And yes: 2 weeks or 10 working days or somehow so that you come to two calendar weeks, you have the right to review the contract, if necessary with a lawyer or by asking the notary himself. 2 weeks to arrange appointments for review or, for example, to examine a 30-page contract, bank appointments or visit an inherited aunt.

The 2-week period applies only to commercial sellers, not to private purchases (even if a broker is involved).