An apartment is being offered privately today. The seller previously rented it for a long time and then acquired it from a non-profit housing association. For you the purchase does not therefore begin with just any unencumbered condominium. the earlier transfer can be important for the current method of acquisition.
Do not only read the current land register excerpt
§15g WGG contains, for the subsequent transfer of ownership recorded there, a pre-emption right of the housing association and rules about a difference amount on a further transfer within the statutory period. The provision expressly refers to the reference period and contains exceptions. [GBV] Whether and in which version it affects your purchase must be examined on the basis of the acquisition history and the law on transitional provisions.
Therefore collect the original purchase contract, its date and the documents relating to any corresponding right. Leave the selection of other required proofs to the contract advice. The current description private sale does not erase the prior history.
Do not let the seller’s payment become your additional price unnoticed
In conversation the statement may be made that a part of the expected sale proceeds must still flow to the housing association. Ask for the legally reviewed basis and the proposed handling. Is the purchase price you are offering described as a total price? What performance is to be provided besides that, and by whom?
The review should bring together payment obligations and the secured path to acquisition. Do not draw from this overview either your own payment obligation or its exclusion. Above all, you should not transfer an additional amount directly just because an unreviewed message calls it a necessary quick solution.
Fictional case: An older offer does not explain the new purchase
An interested party receives only the invoice from the earlier purchase and a current asking price. From this they are supposed to conclude that the difference is simply the seller’s free profit. However, the documents on the statutory pre-emption right and a possible difference amount are missing.
They ask the contract adviser to examine the original acquisition, the applicable regulation and the steps necessary for the present completion. At the same time they record the total amount they themselves have offered. Only a comprehensible clarification shows whether the transaction should be carried out in this way and which parties owe payments or declarations.
Check availability of the purchase object and later use separately
A purchase contract must capture the legal situation of the specific transaction. An assurance that the housing association will waive its rights does not replace the checked completion status. Therefore discuss with the responsible body which proof is required before which action.
If you yourself want to rent out or resell later, that is an additional review task. This article does not promise market rent freedom or unlimited resale. It also does not declare any individual statutory purchase option of the former tenant; your subject is the current second acquisition.
Understand the result as a chain of acquisition
In the end you should be able to follow how the earlier transfer, the rights still decisive today and your planned acquisition fit together. Keep outstanding prerequisites visible in your financing and moving planning. A price comparison with other condominiums is only useful once the scope and the acquisition consequences still unresolved have been clearly assigned.