The purchase process has progressed far enough that the actual handover is imminent. At the appointment you want to receive all keys quickly and begin moving in. Precisely now it must be clear what was agreed, what was actually handed over and which question is not yet resolved.
Prepare the appointment with the correct version of the contract
Our editorial recommendation: have the purchase contract, the relevant annexes and confirmed handover agreements ready. Name rooms, ancillary areas and expressly included items so that you can clearly identify them on site. An old exposé is not a substitute for the contractual basis actually used.
Also clarify which prerequisites for the appointment should have been met and who is validly involved. Access for measuring or a temporarily handed-over copy of a key will not be treated as an unchecked complete handover. This article concerns an ordinary existing-property purchase; a developer acceptance (Bauträgerabnahme) and the release after foreclosure are different processes.
Separate handover and proof of ownership
§433 BGB names delivery and transfer of ownership as duties of the seller. [LEISTUNG] For the transfer of real estate ownership §873 generally regulates agreement and registration. [EIGENTUM] A documented key appointment is therefore not at the same time your proof that all land register steps have been completed.
§446 contains the statutory starting point for risk, yields and charges from handover and a rule on default of acceptance. [UEBERGANG] Have the times agreed for your purchase and their significance explained. This article does not decide on a deviating contractual date nor on a concrete payment or default of acceptance situation.
Go through the actual extent completely
Compare accessible rooms, ancillary areas and agreed fittings with the prepared basis. Explicitly record any area that is not accessible as not inspected. A missing possibility of access is not replaced by a positive condition result.
Assign keys and other agreed access means to the respective areas. Note items actually received, items still known to be outstanding and the intended next clarification step. Digital devices bring an additional takeover task; passwords do not belong in a handover photo distributed generally.
Describe deviations without your own remote diagnosis
Name the location, observable appearance and time of an observation. A stain on a wall is initially a documented stain, not yet a proven cause. If necessary, supplement with suitable photos showing the room. Personal documents or third-party private content are not incidentally included.
Have significant technical questions appropriately examined. The legal significance of a deviation and possible claims are assessed on the basis of the specific contract. Avoid a blanket confirmation that everything is complete and defect-free if your actual finding does not support that statement. This article does not promise any specific probative effect of a self-prepared protocol.
Fictitious case: The ancillary room remains locked
A buyer receives the house keys but cannot open an ancillary room that is also part of the purchase at the appointment. In addition, only part of the announced installation documents are available. She wants to sign immediately because of the impending move, asserting that everything has been handed over.
Instead, she records precisely which areas and documents were actually taken over. The open points receive a responsible clarification and a comprehensible status. Whether this leads to a specific legal consequence or payment arrangement is assessed separately. The example does not assume either a justified refusal or an automatic withholding.
Link meters and documents to the correct property
Record relevant meters with identification, meter reading, date and, where applicable, recognisable unit. Assign them to the areas actually supplied. A photo of only the number may later leave open which meter was meant. Contractual date, reading and later billing remain distinguishable from one another.
Take over existing operating, maintenance and property documents with a comprehensible version. An operating manual is not proof of a faultless installation. For incomprehensible or safety-relevant questions have the responsible specialist clarification named and do not undertake your own dangerous functional attempts.
Close with the same complete record of results
Reconcile the documented findings with the parties involved and keep a comprehensible version. Open points are only closed after the result has actually been confirmed. Transfer of title, billing and possible residual services remain trackable separately until their own completion.