The condominium purchase contract does not describe only the property as it is today. An additional clause may be intended to determine who will receive certain work in future or who will broker a later sale. You want to buy the flat and initially read this passage as an unimportant administrative matter. In fact it concerns a later decision whose binding effect must be understood before acquisition.
Highlight the additional binding as a separate matter
Our editorial recommendation: Mark every passage that, beyond present construction or handover obligations, aims at future commissions. Which activity is to be affected? Which company will be favoured and for what period? Which person is to be obliged?
A description of the equipment to be delivered today and a commitment of future maintenance or brokerage decisions serve different functions. For that reason submit the full wording to the review. The heading “Organisation” does not determine its legal effect.
Observe the special protective framework of the WEG
§38 WEG 2002 deals with agreements that abolish or unreasonably restrict rights of use or disposal to which one is entitled. The provision specifically mentions agreements or reservations concerning the awarding or carrying out of future maintenance or improvement works as well as brokerage assignments. [FOLGEBINDUNG]
From this one cannot here infer either the validity or the invalidity of every conceivable clause that names a company. The roles of the parties, the context and the concrete restriction must be assessed professionally. The definitions in §2 Abs6 help to classify the acquisition as an applicant for condominium ownership and the role of organiser. [BEWERBER]
Do not casually alter a performance owed today
Also have clarified whether the passage under challenge is connected with a performance actually required today. An existing maintenance or execution need is not taken care of merely because an unclear future commitment is referred to.
The article does not propose a deletion and recommends no unilateral waiver of payment. The aim of the contract review is a comprehensible and legally appropriate delineation: What is to be delivered now, which later commitment is claimed and how should this particular formulation be assessed?
Fictitious case: Later free choice was only assumed
A buyer assumes that upon a later resale he himself will be able to decide on the management. However, the draft of acquisition contains a brokerage assignment for such a case. He had initially understood the clause only as a description of the current sales process.
Before signing he has the scope and legal treatment explained. The example does not assert any specifically effective assignment. It shows a difference between the assumed present performance and the actually formulated future commitment.
Secure the agreed solution in the authoritative version
When an amendment is agreed professionally, it must be apparent in the complete current draft. A reassuring side email alongside an unchanged clause is not a sufficient standalone conclusion about the later effect.
Decide on the basis of the examined entire contract. The flat itself may be suitable; an additionally asserted future commitment nevertheless remains in need of explanation. It should be given a clear place in your decision before purchase, rather than reappearing years later as a surprising requirement.