Real estate sale - Equipment and apartment separate?

Hello, we faced exactly the same situation 3 years ago. Our buyer also asked us for a separate contract for the inventory. We also had doubts about it... What if the buyer simply doesn’t pay?? So we had to place a certain amount of trust here. I wrote in the second contract, pro forma, that the house key would only be given upon payment of the inventory. No idea if that would have held up in any way. But everything went well, the buyer paid without any issues. The buyer himself also takes a certain risk.. If the house contract does not go through, I could insist on the second (legally valid) contract.. meaning: he can gladly have the old furniture

Make a contract. It is still relevant today that the inventory sold with the apartment/house is named with a price in the purchase price. I am currently doing this myself in two apartment/house purchase contracts. There is no real reason to draw up a second purchase contract. Only disadvantages, which have already been mentioned.

Hello, we were in exactly the same situation 3 years ago. Our buyer also asked us for a separate contract for the inventory. We were also uneasy about it... What if the buyer simply doesn't pay?? So we had to place a certain amount of trust here. I wrote, pro forma, in the second contract that a house key would only be given upon payment for the inventory. No idea if that would have held up legally. But everything went well, the buyer paid without any issues. The buyer also takes on a certain risk... If the main house contract doesn't come through, I could also insist on the second (legally valid) contract... meaning: he can gladly have the old furnishings

I had exactly the same. I actually sold the entire inventory because the apartment was last used as a holiday flat. This reduces notary fees and especially real estate transfer tax. This was openly addressed during the notary meeting, and the notary said that about 5% could easily be applied. This was then included and dealt with exactly like that in the sales contract. No problems at all; for the notary, this is standard. What I hadn’t considered back then was that I ultimately had to declare this indicated sale of the inventory as a profit for the holiday flat (me being a fool) and thus had to partially pay tax on this sales proceeds later. But if it is purely private, the notary handles that directly and without problems. I don’t want to mess around with the buyer on that now. Just do it directly with the notary, period.

One thing the buyer should consider. Although the purchase price and thus the real estate transfer tax are reduced by the furniture, the mortgage lending value of the property also decreases. This can become interesting in the context of financing if one has little equity and at the same time wants to lower the pure property price.

Assuming we agree to carry out a property sale with an amount bid minus inventory

This is perfectly common, especially with the kitchen. Simply make the listing in a subpoint of the contract.

to sell the inventory in a separate contract for the remaining amount....

What nonsense... do you sell used items on eBay Classifieds with a contract? A handshake is enough.

What consequences does this have for us that are not immediately apparent at first glance?

None

How can we prevent the buyer from backing out if we become too inconvenient from their point of view?

No house hunter or home finder backs out of a purchase over a lamp or curtain...

We are talking about a mid five-figure amount and an exploited buyer. We would prefer not to settle this with a "handshake." For example, can the payment for the inventory be stipulated in a second contract within the notarial deed without this affecting his taxes and notary fees?