Purchase contract, is review by a lawyer required?

Thank you very much. What do you mean by "release payment"? We are sitting at the notary, he reads the contract, both parties sign. It then states there. Payment within 2 weeks. And then I simply transfer the money within those 2 weeks. What else needs to be released?

No. Usually, the municipality has a right of first refusal. The notary must first notify the municipality that the property is to be sold, and the municipality must then say that it does not want it. Only after that does the purchase price become due, and the notary sends the buyer a corresponding letter.

It then says. Payment within 2 weeks.

Yes and no, certain conditions must be met. For example, registration of the purchase agreement, negative certificate from the municipality, release of the seller's encumbrances (escrow orders from the other banks, etc.). From then on, two weeks.

No no. You both signed. Now he does the following. He immediately sends a fax to the court and ensures that the property you acquired is recorded in the land register. That means your foot is in the door. The seller can no longer sell it a second time to someone else who might possibly outbid you. Then he reports the transaction to the tax office, which will promptly demand the real estate transfer tax. After that, he clarifies whether the municipality has a pre-emptive right and whether it will exercise it or not. Waiver declaration. The seller may also need to provide deletion permits so that banks that have loans secured on the property can be removed from the land register. You have the right to a clean, unencumbered land register. Then he says: Pay now. You must then pay immediately and provide written proof of this by postal letter. The seller must also provide written proof that the money has arrived with him. Then the change of possession is completed, you now own the land, but you are not yet the owner. You only become the owner when the land register is changed to your name, which the notary now initiates at the court. However, this only happens if you have paid the real estate transfer tax; otherwise, no change of registration. Once all this has been completed, the process is finished and you are the owner; if applicable, your financing bank is also registered in the land register, which he also arranges to be entered first, before you, if necessary. It is only removed when you have paid off your debts. Then it gives you a deletion permit, which the notary uses to have the bank removed. Clear. K.

Wow! Okay. Thanks! I find the following point interesting because it fits my specific situation very well: "Afterwards, he clarifies whether the municipality has a right of first refusal and whether they will exercise it or not." I want to buy a building plot along with an old house (which I want to have demolished & use the plot as a garden) from a community of heirs. The exciting question for me is – do I have to build there? Now I have heard that one can inquire at the building authority. However, I am afraid of waking sleeping dogs there. Since municipalities tend to be more interested in densification. So if they find out that I only want to have a garden there, they would probably exercise their right of first refusal or somehow encumber the plot in the land register with a restriction that building must definitely take place there. Or even offer the seller something so that he has that registered. Can I find out in any other way whether there is a building obligation on the plot? Because I neither want to build, nor could I afford it.

So if they find out that I only want to have a garden there, they would probably exercise their right of first refusal or somehow encumber the property in the land register with a restriction that it must definitely be built on. Or even offer the seller something so that he lets it be recorded.

Can I find out in another way whether there is an obligation to build on the property? Because I neither want to build nor could I afford it.

The seller can tell you and it would be included in the purchase contract. But why should there be an obligation to build on an existing property? This is actually common with new development areas created by the municipality. What does the land register say?

Furthermore, the notary MUST inform the (cash-strapped) municipality. However, they will 99.999999% not exercise their right of first refusal, since they have no money, no reason, and no interest in your property. There are strictly defined conditions for exercising the right of first refusal.

In which city is the property located?

The municipality has a right of first refusal only if there is a development plan, meaning there is a public interest in acquiring the land. For example, the municipality wants to build social housing there; they already own 80%. Now they can acquire an additional 10% through this purchase. They must then enter into the purchase contract; the seller must not suffer any disadvantage through the right of first refusal. Building obligations cannot be decided or ordered hastily. It must be decided. You don't just wake anything up; you ask if, because you only want to in five years, as you don't yet have enough capital. K.