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Legally secure real estate sale - nothing works without documents

12/02/2022 · Autor: Bayreuth


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A real estate sale is often accompanied by fundamental changes in life situation. Most sellers have to take care of all sorts of things at the same time and are therefore under time pressure. Then to fight through the jungle of authorities to gather all the documents for the sale can be very nerve-wracking. A professional broker is a great help in this situation - he will routinely and reliably obtain the necessary documents for you. But what documents are involved at all?

With the land register extract alone it is not done. Many owners are not even aware of how many different documents are needed for a sale and which offices or authorities are responsible in each case. Missing documents can become a real problem at the latest at the notary appointment. Banks in particular, however, usually require numerous documents even beforehand, on which they make their financing decision dependent.

The land register extract - your most important proof

The land register extract is the indispensable proof that you are actually the owner of the sold property or the sold apartment. So that a sales contract can be concluded and certified by the notary, a land register excerpt must therefore be compellingly present.From the entries in section III of the land register, any existing encumbrances (mortgages, land charges and pension debts) also emerge, in section II any existing residential or usufructuary rights are noted. You can apply for the land register excerpt directly at the land registry, it also makes sense to apply through a notary.

Course map, building plans, floor plan and energy certificate

Almost as important as the land register excerpt is the cadastral map, which is issued by the land registry and is considered official proof of identification of a property. In particular, the cadastral and parcel numbers are used for this purpose. In addition, the cadastral map shows exactly the boundaries and the location of the property and records the existing development. The cadastral map is one of the documents that are often forgotten when selling real estate on one's own. Who can be supported with the sales of a professional broker, on the other hand, can be sure that all necessary documents for a legally secure sale are available at the right time.

Banks usually require further documents such as a construction plan, a true-to-scale floor plan, a building permit certificate and a building description. They want to closely examine the condition and construction features of the property before making a financing commitment to your buyer. In most cases, these documents are on file at the building code office. For older buildings, however, not all the information often exists. Missing floor plans must be made then if necessary again.

An energy performance certificate is required meanwhile no longer only for the conclusion of a sales contract, but already at the beginning of marketing. Certain data to the energy consumption must be indicated already in real estate advertisements. Violations of laws in this regard can be punished with fines of up to 15,000 euros. Should for your real estate still no energy document of identification be present, architects, energy consultants and other certified specialists can issue these.

Do you need assistance with the procurement of documents for your lining up real estate sale? Contact us! The team of the Bayreuth office with its real estate agents (IHK) and the office owner Mark Beyer, Certified Independent Expert for Real Estate Valuation (PersCert®), will be happy to advise you.

Further information:

https://west.ivd.net/immobilienverkauf-welche-dokumente-sind-notwendig-und-nuetzlich/https://www.service-bw.de/performance/-/sbw/Grundbuchabschrift+or+Grundbuchausdruck+beantragen-269-leistung-0#sb-id-toc-block4https://www.lgln.niedersachsen.de/startseite/vermessung_kataster/auskunfte_auszuge/liegenschaftskarte/liegenschaftskarte-50489.html

Legal notice: This article does not constitute tax or legal advice in individual cases. Please seek clarification of the facts in your specific individual case from a lawyer and/or tax advisor.

Photo: © pressmaster/Depositphotos.com

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Mark Beyer
Hohenzollernring 73
95444 Bayreuth
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Mark Beyer [Diplom-Betriebswirt (FH), DEKRA certified expert for real estate valuation - D1, certified independent expert for real estate valuation (PersCert®)]

Hohenzollernring 73, 95444 Bayreuth
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