Property purchase & broker behavior: Is this normal?

  • Erstellt am 2020-12-17 15:12:15

Franzbrot

2021-07-23 09:32:16
  • #1
So according to the real estate agent, we will now hear from the notary next. I am still skeptical, it can still all fall through as long as nothing is signed. Regarding the costs of the notary, the curiosity remains whether in the case that the seller causes the deal to fall through we still have to pay. I suspect: yes :D However, we have received a note on which both the buyer and the seller are supposed to sign that they agree to the creation of the purchase contract. Therefore, I hope for a bit of fairness, in case the purchase contract does not materialize from the seller's side, that we do not have to pay. And hope, as is well known, is the last to die.
 

RomeoZwo

2021-07-23 11:27:25
  • #2


Legally speaking, if both have signed, then you both commissioned the draft and are both fully liable for the costs. The costs are then split 50:50. But in this case, the notary can choose from whom he wants to collect his invoice. The demand for 50% from the other party is then up to the one who had to pay, with all consequences up to legal action.

But now let's just keep our fingers crossed that everything works out! ;)
 

K1300S

2021-07-23 12:41:43
  • #3
That sellers and buyers are jointly and severally liable by default is always the case (also for the fees at the land registry office). As a rule, however, the costs are contractually passed on to the buyer.

Once again about our contract: The notary (not us) found some points that were neither clear nor legal. The argumentation was naturally simple. Ultimately, the legal counsel of the seller was also present at the signing - and was relatively meek.
 

RomeoZwo

2021-07-23 14:13:15
  • #4
Correct, but if there is no contract because the appointment fell through, the notary could indeed (jointly and severally) turn to the person from whom he believes he can more easily obtain his fee for the contract draft. Due to the effort and the associated discussions, however, this happens rather rarely, at least in federal states with a notary-only system.
 

K1300S

2021-07-23 14:54:40
  • #5
If the seller prefers to sell to someone else for these reasons, then so be it. I am reluctant to be pressured into behavior I simply don't agree with, even in a seller-friendly market. Of course, this is only possible if you are not dependent on the purchase, but who is that - objectively - anyway?
 

Tassimat

2021-07-23 15:16:47
  • #6

Then you're lucky that the market in your region is so relaxed.
I know many families who have been searching for houses for years and don't even make it to the shortlist because there are far too many interested parties. And it's not due to lack of income or anything like that. Simply too much demand with too little supply.
 

Similar topics
16.06.2011Conclude a construction contract under reservation?10
13.09.2012Feeling pressured into a contract, is that normal?17
29.09.2011Is construction pre-planning without signature / contract legally valid?12
22.09.2012Who else fell for a contract with a reservation clause? - Search13
02.06.2016Assistance with property purchase; notary, identifying the owner, cadastral map18
16.05.2015Contract unclear: humus earth collectors10
16.06.2015Land purchase: Questions about the notary24
23.08.2015Construction financing with a fixed-term contract13
04.07.2016Building without a contract - Concerns?39
22.11.2016Did the notary charge us too much? Are the land registry costs too expensive?12
16.01.2017Notary selection - how to proceed?14
12.04.2017Garage price in the purchase contract from the notary is lower18
20.03.2018Land contract notarized unilaterally by the notary - Change the notary?16
02.05.2018Right to information from the notary even after purchase?43
02.06.2020Notary contract amendment of the right of way10
11.06.2020Property purchase -> Notary -> what to consider?14
05.08.2020Contract for land purchase - obligation to build within 2.5 years18
07.11.2020Notary contract land inspection: should it be done or not?24
30.03.2022Terminate the contract with the general contractor "early"22

Oben