Issues with the seller of the apartment

10 posts in this topic

Hello There,

 

I am caught up in a mess and would request your opinion

So here it goes:

 

I a living in a rented apartment and wanted to buy it . I approached the Landlord couple of times and finally he

agreed to sell it, I offered him 300,000 but he was not ready to sell in less than 320,000. SO we made a deal,

signed with him an agreement. I approached the Bank for the loan, it got approved and I signed the Bank

contract and sent it back to the Bank. I informed the landlord about the approval and asked him to arrange

a Notar (which was agreed earlier). He replied back with the preferred one and told to wait till he gets an

appointment.

 

All of a sudden to my shock I receive his email saying now he is selling apartment for 345,000.

 

I checked with the financial consultant if I could cancel the contract, got one more shock that I would have to

pay a penalty of 10 yrs of interest to the bank and revoking period of 14 days was over.

 

My question is the agreement which we have signed on the paper, does it have any legal binding?

I am planning to go to court and request your opinion.

 

 

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1 hour ago, Aiyaz said:

finally he

agreed to sell it, I offered him 300,000 but he was not ready to sell in less than 320,000. SO we made a deal,

signed with him an agreement.

 

Please post a (redacted to blank out address and all ID info) scan of this agreement. Without seeing it we cannot know if this agreement has any legally binding effect on either or both parties.

 

It is quite possible that it does and that it could provide you with a strong argument to counter his attempt to add 'greed tax' to his selling price but at this stage I won't speculate on possible arguments grounds for which may not exist.

 

Although @cb6dba may well be correct about the need to consult a lawyer I would not rush to do so yet as, if you do so prematurely without prior research and preparation, that could add another very expensive layer to your situation.

 

If the agreement is legally sound you may not even need to go to court to enforce it.

 

2B

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From what I see, this is a sales agreement... BUT it is NOT a VerkaufsVertrag.

 

I would be very very careful how you approach the owner of the flat as they may well just stick the finger up at you...

 

AND.. I think you also know that @ 345 grand, its a fair price for a 70m² apartment in FFM...

 

Talk to a lawyer..

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Actually, this *might* be considered a Vorvertrag (preliminary sales contract), but it's one of those German legal sticky areas - courts sometimes have to determine just what papers like this *are*.

 

Adding my voice to the others - spend 200 Euros, go to a lawyer specialized in real estate law (Immobilienrecht) , get this clarified!

You might have to eat the extra cost. It happend to a friend of mine, who proudly cancelled all negotiations and lost out on wonderful property... and prices went up even more.

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Unfortunately, I'd have to concur with SP.

 

I believe that document would fall into the description of a Verkaufsangebot ie. an Offer to Sell.

 

Albeit it was signed and dated by both parties the only responsibility the landpeople appear to have committed themselves to, subject to your acceptance of the documented offer and their consequent signatures, is to discuss the ongoing procedure with you. That is more or less all that the final paragraph amounts to.

 

I am not a lawyer and have less experience of property purchase in Germany than SP does but I would still venture the opinion that, insofar as that document is concerned, you do not appear to have any leverage so I would be pessimistic about your chances of success if you were to initiate a legal suit.

 

Your best hope of saving this purchase without incurring losses associated with your current financing offer may be to try appealing to the landlord to make a separate credit agreement for the amount of €25K or to renegotiate your financing offer or obtain a €25K loan from family or friends.

 

2B

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I suggest that you look elsewhere for a place at 320 grand...

 

You may need to look further out and may even find something better....  

 

http://wiesbaden.bookoo.com/i/64326042 for example is whats possible... Half the price almost and 20 times the size!

 

 

 

 

 

 

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1 hour ago, Metall said:

Actually, this *might* be considered a Vorvertrag (preliminary sales contract), but it's one of those German legal sticky areas - courts sometimes have to determine just what papers like this *are*.

 

I am not a lawyer, but I think there is bad news for the OP:

 

BGB § 311b Absatz 1 "Ein Vertrag, durch den sich der eine Teil verpflichtet, das Eigentum an einem Grundstück zu übertragen oder zu erwerben, bedarf der notariellen Beurkundung."

 

Rough translation: Any "Vertrag"  concerning Immobilien is only valid when a Notar was involved.

 

The sheet of paper the OP holds in his hands is worthless.

 

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