You want to sell a leasehold (Erbbaurecht) house in Germany. The remaining term will be an important question for prospective buyers. Perhaps the family expects a later extension or compensation for the building. Both should be described with their actual status during the preparation. This article does not assess a price and does not claim general financability for any specific remaining term.
Read term and existing agreement together
Our editorial recommendation: gather the leasehold contract, amendments and the current land register status. Note the documented term and any existing statements about a possible change. An earlier informal note of a conversation is not to be described as an already completed extension.
Also assign the actually belonging objects and encumbrances. Which rights exactly are to be sold and which consents are necessary will be examined separately with the notary. That task is not replaced here by a blanket consent checklist.
Do not reduce the time frame to a single number
§ 27 ErbbauRG contains the starting point for compensation for the building upon expiry by lapse of time and allows agreements on amount, method of payment and exclusion. The provision contains further special rules. [ERBBAUV-27] From the general term compensation it therefore does not follow that this article guarantees a later payment in a freely estimated amount.
Have the actual contractual rules explained, including their validity and significance. The article does not set a fixed percentage for every leasehold sale and does not assume an automatic free extension.
An invented sale wish with an open extension
An owner already wants to name a long future term in the listing because the landowner has promised a discussion about it. So far only the existing contract has been confirmed in writing.
He now separates confirmed status, conversation and still open arrangement. For counselling he collects the concrete idea of an extension and the feedback available on it. As long as the result is missing, the hoped-for term will not be made a secured attribute of the offered right.
Compare your own alternatives with complete questions
You can have the sale examined on the existing basis or first pursue a concretely prepared change. For both routes you need their actual effort, cost status and outstanding prerequisites. A higher expected price after extension is not treated as an already confirmed outcome.
The buyer side must suitably check their own financing and usage planning. You can provide relevant documents for this, but you should not invent a general banking rule or a promise from an unknown financing partner.
Coordinate the listing description with the advice
Set out confirmed remaining term, existing rules and still open discussions clearly. Any commissioned expert valuation should know which legal status it is assessing. A valuation for an extended variant is not the same basis as the current status without clear labelling.
In the event of a later change, description and transaction documents will be brought up to the same status again. This way the interested party does not receive a mixture of current land register status and optimistic future assumption.
A clearly prepared listing describes the actually available right and its limits. The question of the term end does not thereby disappear, but it is treated as a verifiable component of the transaction rather than an unverified side remark alongside the purchase price.