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Taking on building insurance

When buying a house in Germany

Toytown Germany > Discussion forum > Germany-wide > Finance
Serenissima
Hi
I believe that if you by a house in Germany you take on the previous owner's building insurance policy (for fire, storm damage, etc).
Should the details of this be in the house purchase contract, or is it something you negotiate with the seller direct or with the estate agent?

The context of this query is that we are about to buy a property and have been sent a copy of the contract, but we can't find any mention of this. However, it does say:

QUOTE
4.4 Für darüber hinausgehende, bis zur Übergabe eintretende Verschlechterungen des Kaufgegenstan¬des (z.B. Brandschäden) haftet der Verkäufer nur, sofern er, sein gesetzlicher Vertreter oder ein Erfüllungsgehilfe diese vorsätzlich oder grob fahrlässig verursacht hat.

Which conjurs up an image of the estate agent dressed as a ninja creeping into the house with a can of petrol on the night before the hand-over. Or indeed of the original owners, who had the house foreclosed by their mortgage lender, exacting revenge.
Is it no wonder I don't sleep well at nights?
Mik Dickinson
It translates loosely as. Up to the point of the handover any concurring damage due to i.e. fire damage, the seller is responsible so long as the seller does not act with intention or illegally.
Serenissima
Not quite the right emphasis. The seller is only liable ('haftet der Verkäufer nur') if he, his legal representatives or someone in his employ has intentionally done this (fire-bombed the house), or caused it through gross negligence.

If person's unknown or even a forest fire reduce the property to burnt timbers, the seller isn't liable. Surely they would have building insurance on the house though?
Starshollow
when you purchase a house or apartment, the existing house insurance goes over to you without you needing anything to do about that. Thus there can be no gap of insurance coverage during the turning over of the property to you. If you buy an apartment, the house insurance covers the complete house with all units and you can not change a thing (except if all the other owners agree that a change of insurance might be a good thing). If you buy a house, though, you have a special cancellation right of the existing insurance for some time (not sure how long that window of opportunity lasts) and it is wise to have someone check for you the existing contract for two reasons: 1. the coverage - if it is an old insurance - may not be up to scratch and may miss important new parts of coverage introduced into newer insurances and 2. the old insurance might be more expensive then need be. But make sure you have seen the options and received a confirmation from a potential new insurance carrier BEFORE you cancel the old insurance.

When you purchase the property you should demand and receive a copy of the existing fire insurance and proof that it has been fully paid, btw.

Cheerio
spectrum
Hello SERENISSIMA. Have been trying to e-mail you - unsuccessfully. The email address I have appears to be incorrect. Please contact me:

Mike Woodiwiss - Spectrum International - spectrumint@aol.com - Tel: (Germany) 02432-80365
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