Problem when selling the house: no access road and a biotope present

What exactly is registered as encumbrances in the land register? What is stated in the official zoning plan and from when is it? And what was stated in the previous one?

The mayor called again and pointed out that the city has a right of first refusal. mh, that would explain why he drove away the buyers who originally wanted to pay 1.6 million and the price has now dropped to 1 million.

I told you, Wöller, his buddy Huber, and the Kaltenthal monastery.

The one responsible for civil law should obtain a cease and desist order against the mayor and possibly examine claims for damages.

Exactly, a right of first refusal is not a competitor deterrence right. Financial damage to the owner caused by slander against the property is not covered by it. How does the mayor even get the honor and opportunity to misinform the interested parties?

How does the mayor even get the honor of the opportunity to misinform the interested parties?

I ask myself that too... One could also speculate that the buyers are looking for arguments to lower the price ;) The actual value of the property is always only what actually flows.

But something useful from me: Can you already get the negative certificate from the municipality about the exercise of the right of first refusal without a purchase contract from the notary? How long would that be valid? That creates facts, .

According to the real estate agent, there are no contaminants registered on the property. I have no experience with such things – he said there is a place where you can get information and there is no entry there.

The problem is that every interested party calls the mayor to ask if they are allowed to build this or that there – although he is not responsible for that; the responsible authority is the higher-level district authority. So far, almost all interested parties were those who wanted to use the 5400 m2 – that means tearing down a house, hall, garages and building a large company site there. There are hardly any such large plots around here. If something becomes available here, then at most 1000 m2 – but most of the plots offered are in the range of 250 to max 400 m2. I also look at various providers for offerings within a radius of 100 km – if it’s larger than 3000 m2, those are mostly just free storage areas in remote industrial zones – but nothing where you can live and work and have gigabit internet twice over...

Combining the 4 plots into one is no problem – the notary offered it to us back then, but we didn’t want it because we had already planned, when retiring, to sell the right side – the one with the garages and the undeveloped plot.

There were several people who only wanted the plot with the house, two others who wanted the hall plot. But that’s no use to us as we only want to sell everything completely.

Can you obtain the municipality’s negative certificate regarding the exercise of the right of first refusal even without a notarized purchase agreement? How long would that be valid?

Unfortunately, I don’t know what you mean, I didn’t even know that the city has a right of first refusal until the mayor told me and the real estate agent confirmed it. I’m fine if the city wants to buy it, as long as they pay the purchase price that the current buyer is willing to pay...

Let’s see what next week brings...

According to the realtor, there are no contaminated sites registered on the property. I have no experience with such things - he said there is a place where you can get information and there is no entry at all.

Did you receive this information in writing? (We needed such a document for the bank to grant the loan.)

Let's see what next week brings...

This may sound trivial, but can you inform the interested parties from the very beginning that they should contact the building authority (?) regarding construction questions? Is there a reason they first contact the mayor? Regarding utilities: You can obtain certificates from the various providers (electricity, wastewater, etc.) confirming that the plot is connected. And as mentioned above, biotopes must also be registered somewhere or will be. Would it be helpful to ask the mayor what his "core" concern is?

I really don’t know anything about this stuff

No problem. You’ve already taken the right step by informing yourself. Here, for example. Oh yes: it’s called pre-emption right, not pre-sale right ;)

So according to the real estate agent

So you have a real estate agent? Actually, it is the real estate agent’s job to clear all your problems with the mayor, obtain certificates, tell buyers the correct authorities, etc.

Unfortunately, I don’t know what you mean; I didn’t even know that the city has a pre-sale right until the mayor told me and the agent confirmed it. I’m also fine if the city wants to buy, as long as they pay the purchase price that the current buyer is willing to pay...

Exactly, that’s the price the city then has to pay.

Let’s see what next week brings...

I think you should use your existing lawyer contacts to get rid of the real estate agent and hire a new competent agent. I don’t remember which federal state it was, but they get a commission of 7.14% * 1.6 million, so over €114,000 (!) from you and the buyer. For such an amount, the agent is supposed to solve your problems! So, find a new one who can do that professionally and not just hold out their hand.