You have purchased a German property, but your acquisition has not yet been fully completed. Now another person wishes to acquire the property from you. Such a desire to resell requires a joint view of both transactions. The first purchase contract does not become existing ownership simply because you are already looking for a new buyer. This article does not state that any particular chain transaction is permissible or safe.
Describe the first transaction precisely
Our editorial recommendation: Gather the complete first deed of purchase, amendments and current communications from the notary involved. Record which steps have been completed according to the actual confirmations and which are still outstanding. A payment, possession of the keys and an entry in the land register are distinct events in the work overview.
§ 873 paragraph 1 BGB generally links the transfer of ownership of land to agreement and registration. § 925 deals with the requisite conveyance (Auflassung). [BGB-873] [BGB-925] The legal status that applies to you and which arrangement is possible for a subsequent sale must be examined concretely.
Fully disclose the second proposal
Provide the notarial and legal advisers with the actual resale proposal. Which person is to acquire which object on which terms? What assumptions do they make about the first completion? Any statements already made to them should also be included in the review.
Do not try to keep the two processes in separate circles of information. A party that knows only the second proposal cannot discern the concrete connection to the first deed from a new property description alone.
A fictitious timing squeeze
A buyer plans a quick resale and wishes to use its proceeds for the still outstanding first payment. It has, however, not yet been clarified whether and how the desired payment and completion steps can be coordinated.
They present both deeds and the planned cash flows together for review. The article does not recommend any independent forwarding of the second purchase price or any private set-off. A numerically fitting total amount does not confirm a legally sound procedure.
Consider changes to the property between the transactions
If condition, intended use or scope of the offer have changed, this is factually described for the second transaction. An earlier report from the first purchase review is not used as a new comprehensive confirmation without its actual scope and status.
Also assign rights in plans, photos and documents appropriately. Possession of the first sales dossier is not permission granted by this article to use all materials publicly for the resale.
Examine costs and tax as a single overall picture
For the economic comparison, both transactions and their actual expenses belong together. The article calculates neither tax nor a guaranteed trading profit. A higher second price does not by itself prove a margin freely available after costs.
Also ask your advisers about the case that one of the two transactions is not completed as expected. Which arrangement fits depends on the actual conditions and rights. A general clause is not offered here.
The resale should be based on a concretely examined connection of both transactions. That way a quick new purchase idea does not become a sequence in which each side already treats the other’s outstanding performance as an assured precondition.