Room division "with little effort"

Hello Tassimat & Elephant,

good, great. That has straightened my mind out again and probably reduced the wrong scruples. And many thanks for the clear indication regarding the wording of the contract. Should it come to the point that we can buy, I will have the draft reviewed by a specialist lawyer, at least a lawyer, to be 100% sure. Thank you!

Several forum members have already exercised this here, I just don’t remember which ones ...

And I don’t remember if I ever mentioned this in detail here, but we did it that way too (as sellers).

Yeah, don’t worry, this is everyday business for notaries and something like that can be resolved cleanly.

Yes, it can, although the notary chosen by the buyer was an absolute fool. Ultimately, after several corrections on our part, the contract was also okay, but since the notary completely refrained from any advice and explanation to the (inexperienced) buyer side, we then had to deal with implementing some details about the ancillary costs.

We also did it so that payment and transfer of ownership happen immediately and transfer of possession in one year. Since even the city tax office still hasn’t understood the difference between ownership and possession to this day, there was all the more confusion (on the buyer’s side), but nevertheless from my point of view at least everything was legally properly regulated.

Hello K1300S,
Thank you for your experience!
May I perhaps ask three more questions?
1) In what form was the compensation made in your case for the fact that you were able to use the object for longer?
2) Was there a delay in the handover date, or did the handover take place on the desired date?
3) What contractual consequences would there have been in the event of a delay in the handover?
Thanks in advance for your help!
Best regards.

Gladly!

1) No compensation in the form of rent payment has been made. Instead, we agreed on a purchase price under these premises, which then covers all services.
2) The handover date is on 31.10. ;) However, as things currently stand, there will be no delay. Personally, I would not feel comfortable with that either, because if the other party fulfills their contractual obligations, I hold myself to the same standard.
3) We have not stipulated anything special in the contract for this case, but I think the Building Code provides sufficient options for this. Of course, this will be significantly more unpleasant overall than simply fulfilling the contract.

As I said: I would especially advise you as buyers to regulate the issue of incidental costs (property tax, sewage, waste disposal, possibly waterbody maintenance and building insurance) not only clearly but also understandably, so that there are no discussions afterward about who has to pay what. Although this may seem like peanuts given six-figure purchase sums, humans are fundamentally penny-pinchers. ;) The notary should also explain to you in particular how the public-law aspect looks, so that you know what you have to regulate privately in this regard.

Hello K1300S,
Thank you for your detailed help. Now I don't find it "tricky" at all!
The viewing just took place, we liked it a lot, and I really gave it my all to present myself as the ideal buyer without coming across like a stalker.
By the way, the owners only have adult children, and even grandchildren. They are building a bungalow suitable for potential later disabilities. So in case of construction delays, no small babies will be made homeless, unlike in my nightmare scenarios :-)
Now we have to wait to see who the owners decide on.

Sounds good. :) But there are always two sides anyway. Both we and the new owners have children in toddler age, so it’s best if everything goes according to plan to avoid any more homeless children. So make sure the timeframe is sufficiently allocated.