Property purchase - Risk of a "linked transaction"?

  • Erstellt am 2021-01-08 10:10:13

Tolentino

2021-01-08 20:47:12
  • #1
FA will send a questionnaire at some point. It must be filled out truthfully. Afterwards, it decides whether it is a tied transaction or not. Allegedly, in some cases, even a too short time interval between the purchase and construction contract was enough for the unfavorable decision. What I find bad: The buyer bears all the risk. Actually, the entire real estate transfer tax is unfair. There should be a property transfer tax.
 

HeißerWai

2021-01-08 21:04:54
  • #2
As far as I have heard, the land charge is generally owed either by the buyer or by the seller? Could the purchase contract theoretically be designed in such a way that the seller simply pays off the land charge, or would the buyer still have to pay his share of the house price?
 

Tolentino

2021-01-08 21:10:36
  • #3
A land charge is something different. It is the entry in the land register that you can pledge as security for a loan, usually to finance the acquisition of real estate and house construction on the property. No, the real estate transfer tax must always be borne by the buyer. Unfortunately. Whether the previously mentioned clause in the notarial contract regarding no builder obligation protects one before this decision of the tax office, I do not know.
 

11ant

2021-01-08 21:38:52
  • #4
It seems they are trying to convince you of something like a day registration with a new car. Who would want to provide financing to a fresh GbR as a cacophony orchestra made up of previously unknown and therefore uncertain cantonal residents? - they would hardly all be known to the same bank for a long time...
 

HeißerWai

2021-01-08 22:12:10
  • #5

Sorry, I obviously meant real estate transfer tax. I searched again and it really seems that basically both parties can be obliged to pay initially (§ 13 No. 1 Real Estate Transfer Tax Act according to Wikipedia).


Maybe I am completely on the wrong track here or we are somehow talking past each other... my understanding of the process: Each buyer obtains a financing confirmation separately for their share of the land (this is also required by the seller). My financial advisor also said that he sees no disadvantages for us in the handling via a GbR. But maybe he was not aware that the land will only be divided afterward? I will follow up again...
 

Wolkensieben

2021-01-08 22:31:00
  • #6

He wants to sell you something, of course he doesn't see any problems.

Maybe I keep seeing white mice, but I have become extremely cautious.

Does your land seller now want to make a good impression by demanding some vague "financing confirmation" from you?
I think you should rather demand something from him.

I find it strange nowadays that a landowner is looking for buyers. Where is the proverbial catch?

And I have a bad feeling because of the statement that developed plots are so expensive.

What amounts are we talking about here? 80 euros per sqm with him and 360 euros on the open market? Please give the numbers.

All my alarm bells are ringing.

Of course developed plots are expensive, but if you find one cheaper on the open market than the one from the municipality or city, then maybe something is fishy. The ones from the city are often subsidized even.

Before you start thinking about the dream house: go to the building authority, take care yourself whether it is buildable or not.
Don’t rely on what others say.
There are people who only want the best for you: your money.
No matter by what means.

I have the feeling that you could fall for the "short sale" that 11ant wrote about.

Have you ever thought that it could be that the two actually work together?
Like: You bring me a customer for a house construction contract and I bring you a suitcase of money for the land?
 

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