Purchase of a building plot with traffic area

  • Erstellt am 2020-10-26 11:41:09

Pinky0301

2020-10-26 15:28:07
  • #1
Isn't it the case that the city simply enters into the purchase contract? That is, buyer and seller notarized by the notary. Then the city decides whether to buy at the price agreed upon in the purchase contract. So it should neither result in less money for the seller nor higher costs for the buyer. Hopefully, the buyer will not have to cover the notary fees for the city. I can't explain what the seller objects to. Maybe ignorance of how the whole process works?
 

Pinky0301

2020-10-26 15:29:32
  • #2
Nobody has to rat anyone out. The community is informed after the purchase if it has a right of first refusal. Then it either steps in or issues a document stating that it does not want to buy. The notary then needs that.
 

11ant

2020-10-26 15:41:06
  • #3
After the purchase? – then it would actually make a difference whether you told her that she should come to the appointment.
 

erazorlll

2020-10-26 15:44:25
  • #4
§ 28 Building Code - Procedure and Compensation
(1) The seller must immediately inform the municipality of the content of the purchase contract; the notification from the seller is replaced by the notification from the buyer. The land registry office may only enter the buyer as owner in the land register in purchase contracts if proof of non-exercise or non-existence of the right of pre-emption is provided. If a right of pre-emption does not exist or is not exercised, the municipality must issue a certificate to this effect immediately upon request of a party involved. The certificate is considered a waiver of the exercise of the right of pre-emption.

By the way, it also states that the municipality enters into the purchase contract with all rights, duties, and costs and must compensate at the stated price. Unless it is apparent that the purchase price is significantly above the market value. What counts as significant now probably leaves room for interpretation.
 

nordanney

2020-10-26 15:49:15
  • #5
That's exactly how it works. The city steps into the notarized contract with the notarized price.
 

Tolentino

2020-10-26 15:52:49
  • #6
means after the notarized purchase appointment. But just before the land register entries. The notary has to obtain a certificate of no objection. This way, the city gets notified of the appointment anyway. However, I don’t know if this invalidates the entire purchase contract and if a new appointment with possibly additional costs is then required.
 

Similar topics
02.06.2016Assistance with property purchase; notary, identifying the owner, cadastral map18
16.06.2015Land purchase: Questions about the notary24
22.04.2016Impudence wins, dispute over pre-emption right within contemplation period30
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
12.08.2024House purchase: Sale before the expiry of 10 years - Right of first refusal72
02.06.2020Notary contract amendment of the right of way10
11.06.2020Property purchase -> Notary -> what to consider?14
07.11.2020Notary contract land inspection: should it be done or not?24

Oben