Reserve land before buying? - What would you do?

  • Erstellt am 2018-11-11 11:40:18

Sevi Lustig

2018-11-11 11:40:18
  • #1
Hello everyone,

I am Sevi, 28 years old, from Bavaria, and I registered in this forum because I am currently a bit overwhelmed with our building project and hope that you can help me....
The story:
My girlfriend and I are planning to build a house in the near future. We have also found a plot of land in our community (outskirts, not developed, total 2000m², 1000m² of which would be included in the outskirts statute) that we like. Initial talks with the community have already gone positively – it would be possible to build on this plot.
The actual "problem" is the landowner. Firstly, it is very difficult to talk sensibly with him because he only makes vague statements (he would, in principle, sell us the land, but to this day I do not know how much he actually wants for it) and secondly, his tax advisor advises him to wait until next year to sell, as this would be more favorable for him tax-wise (he is a farmer).

Now to my question:
Is there a way that I can secure the plot for myself? Meaning, that I can already start planning, with all applications at the community etc., but the notarized and thus official sale only takes place next year (I think it was July)?

I hope I was able to convey my concern somewhat understandably and that you can help me.

Thank you very much!
 

seat88

2018-11-11 12:24:37
  • #2
You just have to ask the municipality if they can reserve it for you. And go through with everything. If someone else is interested, the municipality will inform you about it and still give you the right of first refusal since you were there first. Then, of course, you are obliged to buy it fairly quickly. Notary etc. usually takes a few months anyway until you get an appointment.
 

Mottenhausen

2018-11-11 12:30:22
  • #3
Reservation is worth nothing. What is possible is a preliminary contract in which all parties commit to carrying out the sale at a specific time; otherwise, compensation payments (contract penalties) must be made.

Binding planning should only be done after the notary appointment. Only then can one be truly certain.
 

nordanney

2018-11-11 13:08:28
  • #4
I see little chance if the seller is difficult. Have you been able to talk to him about a reservation (then notarized, though)?
 

Otus11

2018-11-11 14:37:39
  • #5
A registered priority notice of conveyance in the land register (883, 885 Building Code) prevents the sale to a third party.

One then has a right of expectancy, which is treated as a full right and can no longer be unilaterally destroyed - but only and only then.
 

HilfeHilfe

2018-11-11 14:59:56
  • #6
Too complex, etc. Who is selling now? The farmer to the municipality and then to you, or him directly? If directly, ask him if he reserved it for you or not. The question about the purchase price is also interesting, or do you roughly know what is coming.
 

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