Problems due to missing property map

  • Erstellt am 2017-06-06 11:08:08

Escroda

2017-06-06 21:09:58
  • #1

Theoretically, you could also submit the building application without payment.

Where does this information come from? Is it really about the purchase price or the notary fees?

What was said to you there? This is not about leniency, but about clarification on the part of the notary.

It is completely usual and daily business for a notary that an unmeasured plot is sold and financed. The procedure is described in the notary contract, and the notary explains the legal jargon to the contracting parties until they have understood everything.

Not necessarily. The object of purchase only needs to be sufficiently described for the contracting parties. You can also buy a plot of unknown size that is described only by local features (bodies of water, buildings, fences).

Because the notary contract includes the securities required by the bank, as is probably also the case with the OP. An official cadastral map of the partial plot is not necessary.

Unnecessary, if nothing was messed up in the notary contract.
 

DanielaS

2017-06-07 09:25:17
  • #2
thanks for your answers.

The invoice that the other property buyers received is definitely for the property. We already paid the notary fees in October.

At the notary, we were only told to speak with Imaxx. They, in turn, say they will be accommodating and wait until we have the financing.

Our banks have a problem providing financing without the cadastral map and an excerpt from the land register. No idea why other banks don't have a problem with that.

Our advisor told us that it will take about 2-3 weeks from receipt of the documents until the money is available.
 

Escroda

2017-06-07 11:40:59
  • #3
This is a statement after all. I don’t know Imaxx, but after skimming through the search results, it seems to be a reputable company. Discussing the notary contract in the forum would surely go too far. Presumably, Imaxx wanted to avoid entries of priority notice of conveyance and land charges for the old parcels in order to save notary and land registry fees, as they assumed that the adoption of the subdivision surveys into the cadastre would be completed faster. Without registration in the land register, the bank has no collateral and naturally will not release the money. These are unfortunate circumstances for which you are not responsible. Therefore, I would rely on Imaxx’s promise of goodwill. You can try to get this in writing, but should it come to a legal dispute, the notary contract counts first.
 

Bieber0815

2017-06-07 22:08:23
  • #4
Furthermore: Without land register entry, i.e., the priority notice of ownership, the buyer has no security. Under no circumstances should he pay before the priority notice of ownership is registered in the land register.
 

Nordlys

2017-06-07 22:20:19
  • #5
That is why I do not understand the notary. How can he demand payment of the purchase price in this situation!
 

77.willo

2017-06-07 23:38:51
  • #6
Preliminary notice of conveyance is the keyword here. As mentioned, there is currently neither a survey nor a land register page for our property. That could still take months.
 

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