You want to allocate or use as security part of the expected German property purchase price for a third party. In conversation the phrase is often used: “Then you simply assign the claim.” A purchase price claim, however, exists in a concrete settlement context. An additional agreement must not be added unchecked alongside an already prepared payment path.
Name the desired procedure first
Our editorial recommendation: Describe who should receive which entitlement under which purchase contract and for what purpose. A mere instruction to pay into another account and an assignment of the claim are not thoughtlessly equivalent.
§ 398 BGB describes the transfer of a claim by contract to another and the associated change of creditor. [BGB-398] From this it does not automatically follow that all duties and rights from the entire property purchase contract are transferred. The desired procedure is therefore given precisely for advice.
Check possible restrictions early
§ 399 BGB contains an assignment exclusion in the case of the change of content described there or a corresponding agreement. [BGB-399] Whether the specific purchase price claim is available and which declaration would be effective is examined on the basis of the actual contract and existing commitments.
Record claims, security agreements and intended discharges that are already known. An expected gross purchase price alone is not proof that the same amount is unencumbered and can be used for a new purpose. The article does not create a security assignment or a priority decision between creditors.
An invented security wish before disbursement
A seller wants to give his sister part of the purchase price claim as security for a private loan. At the same time, a payment to discharge an existing loan is foreseen in the purchase process.
He submits both matters together to the notary and his advisors. The sister does not receive an unchecked promise regarding a portion already bound. Only the professional classification shows which concrete route fits the existing stage of settlement.
Coordinate knowledge and payment instruction
§ 407 BGB deals, under its conditions, with performances and other processes towards the previous creditor; the debtor’s knowledge of the assignment is relevant here. [BGB-407] The article does not confirm any particular payment as discharging the debt.
The specific notification to buyers, financing parties and settlement participants is therefore coordinated professionally. Several contradictory account messages are not an adequate substitute. A changed recipient must belong to the legally and payment-wise actually clarified status.
Keep the claim and the remaining proceeds separate
After clarification it is recorded which amounts are actually to be paid where and what the seller may still expect personally. An assignment is not merely filed as a name in a contact list. It alters the claim status to be examined and must remain findable during further execution.