A day before the meeting by the notary that was scheduled in order to sign a contract regarding a purchase of a flat near Frankfurt am Main, I decided not to buy it anymore - as during the second visit in the flat the owner’s representative (the owner is abroad and the representative is his friend) informed me about certain problem regarding the building. During the first meeting he didn’t share this information with me, despite the fact, that I asked if there were any bigger issues in the building. Because of the problem, I lost my interest in the flat. The representative now wants me to pay certain amount of money, and it seems like he wants to punish me for my decision. He wants that I pay for the time he took to show me the flat (even though he did not act as a real estate agent, and the offer was provisionsfrei), the price of placing the advertisement on the Internet, and one month rent (Kaltmiete) for the flat (even though the flat was empty and no one has been living there since March, 2016). He also says that if the flat will not get sold quickly, I will have to pay high notary costs. I don’t believe that he has any right to demand anything from me. He chose his notary, that is probably his friend, and he told him to prepare the contract. Also, no contracts were signed with him whatsoever. Does he have the right to treat me like this? Thank you for your answer.
Problem - buying a flat
Probleme nach Kauf?
Probleme nach Kauf?
Hallo,
hä was??? Sprich mal deutsch in nem deutschen Forum!!!!
Zitat:He wants that I pay for the time he took to show me the flat (even though he did not act as a real estate agent, and the offer was provisionsfrei), the price of placing the advertisement on the Internet, and one month rent (Kaltmiete) for the flat
Nice try, but that's not how it works. Real estate agents (and he was effectively acting as one) only get paid for a successful agency, i.e. if and only if a contract is signed with the seller/landlord.
Zitat:He also says that if the flat will not get sold quickly, I will have to pay high notary costs.
Who mandated the notary? If it was the (de facto) agent, it's "client pays". Unless there was some kind of pre-contractual agreement that you would reimburse him for those costs.
While there are certain circumstances under which damages may have to be paid in such a case (culpa in contrahendo), it's far from clear whether they apply in your situation, and it's also unlikely they would coincide with the damages the opposite party is claiming.
In your situation, I would wait for an official claim (i.e. by his lawyer) and then consult a lawyer about this.
-- Editiert von TheSilence am 22.06.2016 10:09
Auf Frag-einen-Anwalt.de antwortet Ihnen ein Rechtsanwalt innerhalb von 2 Stunden. Sie bestimmen den Preis.
Zitat:Does he have the right to treat me like this?
No.
Look here (sorry, it's in German):
https://www.anwalt.de/rechtstipps/schadensersatzforderungen-des-verkaeufers-bei-einem-gescheiterten-hauskauf_020644.html
Any costs the owner had before signing the contract, have to be paid by the owner (advertisement, representative, month rent, ...).
The costs of the notary habe to be paid by the person who gave the order to prepare the contract.
I regret that I can't write this in German, my modest B1 level does not allow me to use German properly. I'm sorry for that. It is possible that I will get an official letter from his lawyer, as the notar is also a lawyer and his friend, and the representative himself is a real estate agent, so he knows this business, and may try to scare me just to get some money. But I also know that in this case notar costs are on him, and in a case of getting a letter from notar, I have the right to go in front of the court (and it is kostenlos) and the court decides, who gets to pay the notar costs (that also can't be high, only for the contract draft, I guess). Thank you all for the answers.
ZitatHallo, :
hä was??? Sprich mal deutsch in nem deutschen Forum!!!!
Oder Englisch lernen? Soweit ich mitbekommen habe, sind wir doch multikulturell...
Lerne also zumindest arabisch...
Und schade, dass in einem Forum gleich so eine Antwort kommt. Vielleicht ist keine Antwort durchaus angebrachter...
-- Editiert von asd1971 am 22.06.2016 12:32
Zitat:I have the right to go in front of the court (and it is kostenlos)
No, it's not free.
If you're the plaintiff, you pay your lawyer (if you retain one) and the court upfront.
If you're the defendant, you pay your lawyer upfront.
(Unless you're poor enough to get financial aid, aka "Prozeßkostenhilfe", or choose not to retain a lawyer.)
If you win the case, the other party has to reimburse you for those costs (partially if you only win partially).
If the other party turns out to be broke, you're shafted (well, you have 30 years to collect the money, should the other party's financial situation improve).
-- Editiert von TheSilence am 22.06.2016 15:46
Zitat:No, it's not free.
That's not correct.
You can complain at the "Landgericht" if you don't agree with the notary costs. (§127 GNotKG )
This ist free of charge.
See here:
http://www.erbrecht-ratgeber.de/erbrecht/kosten/kostenrechnung-notar.html
He wrote to me, among other things, this: Die Kosten beim Notar entfallen, wenn innerhalb von 3 Monaten beim Notar doch eine Protokollierung über den Verkauf stattfindet. Ich hoffe in Ihrem Sinne, dass die Wohnung schnell verkauft wird, damit für Sie nicht noch die Notarkosten anfallen werden.
Is this man serious...
ZitatIs this man serious... :
Katherine: I'm afraid so. Nonetheless he has no case whatsoever. If he doesn't know that, he's as dumb as a doorknob. If he does know he has no case, he's a criminal, plain and simple.
In Germany there's a thing called "Negative Feststellungsklage", meaning that you can have a court declare that he has no case. At his expense, of course. If I were in your place, I'd have a mind to do that.
-- Editiert von metttwurstkneckebrot am 23.06.2016 16:32
ZitatIn Germany there's a thing called "Negative Feststellungsklage", meaning that you can have a court declare that he has no case. [color=red]At his expense, of course.[/color] If I were in your place, I'd have a mind to do that. :
I should probably clarify that you would have to front the cost of the proceedings. You would not get reimbursed before you won.
Zitat:In Germany there's a thing called "Negative Feststellungsklage"
(Negative) declarative judgment.
Could you also please tell me, after buying a flat in Germany - how much time must pass to be able to sell it later without the necessity to pay this VAT tax? I got confusing information. One says, that 10 years must pass, other source - that if you live in the flat yourself (as owner, not renting to someone else) - 2 years are enough, and the last source said that you can sell it even after a year or less only if you live in this flat yourself. How is it? I woulb be very grateful. Are there any stipulations in the law, particular articles etc.?
See §23(1) of "Einkommenssteuergesetz (EStG)":
https://dejure.org/gesetze/EStG/23.html
You can sell tax-free,
- whenever you want, if you live in the flat yourself as owner continuously(!) since the time of purchase
- after 2 years, if you live in the flat yourself as owner in the year of sale and(!) in the two years before
- after 10 years in any other cases
Thank you! And how the situation would look like if I lived there myself, and rent one room to someone else?
Then you cannot use the first option (whenever you want, if you live in the flat yourself as owner continuously(!) since the time of purchase), because §23(1) of Einkommenssteuergesetz (EStG) says "ausschließlich zu eigenen Wohnzwecken" which means "exclusively for own residential purposes". And if you rent one room to someone else, it's no more exclusively for own residential purposes.
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