Assessing risks before notarisation
A draft must reflect what will be bought and how it will be used. I examine condition, handover, liability and completion against available property documents. For a flat, the association’s legal arrangements also matter.
Assurances appearing only in brochures or discussions need particular attention. I identify information to verify and terms to record clearly. Legal advice supports your decision and negotiations; it does not replace notarisation.
Defects and undisclosed facts after purchase
Damage often becomes apparent only during use or renovation. I assess agreed condition, liability exclusions and pre-sale disclosures. Evidence of the condition at handover and the seller’s knowledge is important.
We discuss potential rights and requirements in light of the findings, purchase price, repair costs and financial effects. Contamination may also create independent regulatory duties; the two procedures must be coordinated.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide the purchase contract and attachments, brochure, handover record, pre-purchase messages and clear defect evidence. Reports, building files and earlier invoices may clarify cause and knowledge. Preserve evidence before major alterations wherever possible.
Frequently asked questions
When should a draft purchase agreement be reviewed?
Preferably before notarisation, allowing enough time for questions and amendments. The land register, sales particulars and property documents are also important. I identify promises that should be binding and risks involving the price, handover or liability.
Why obtain legal advice when a notary is involved?
The notary must remain impartial and notarises the agreement. As your lawyer, I review the draft from your perspective and prepare proposed changes for negotiation. Legal review replaces neither notarisation nor a technical survey of the property.
What does an exclusion of liability for defects mean?
A valid exclusion can substantially restrict remedies. Under section 444 BGB, however, it does not protect a seller who fraudulently concealed a defect or guaranteed a particular condition. I therefore examine the wording, representations, known circumstances and evidence.
Damp or other defects appear after purchase. What next?
Record the condition, date of discovery and communications. Before major alterations, clarify preservation of evidence and possible rights to remedy the defect. I assess contractual remedies, the burden of proof and whether technical experts are needed.
Do you defend sellers against defect claims?
Yes. I review liability clauses, the alleged defect and what each party knew. Inspections, documents, specific disclosures and the timing of a complaint may be decisive. I defend unjustified demands and assess commercially sensible options where claims are justified.
What is different when buying a tenanted property?
Review the leases, amendments, deposits, payment history and known disputes alongside the sale agreement. Existing tenancies affect income and intended use. The allocation of income, liabilities and outstanding accounts on transfer should also be clear.
What matters before buying a condominium unit?
The declaration of division, community rules, resolutions, reserves and planned works should be reviewed. A low purchase price says little about foreseeable special levies or restrictions on use. I combine contract review with condominium-law issues.
Can a property purchase be unwound?
This depends on the agreement, the breach and statutory requirements. Not every defect permits withdrawal or avoidance. I also assess alternatives such as a price reduction or damages and the effects on financing, occupation and payments already made.