apartment | Lukinski

Apartment for sale: 12 typical mistakes! Asking price too high, missing documents, wrong timing & Co.

L_kinski — Sat, 28 Oct 2023 15:58:12 +0000

12 typical mistakes when selling an apartment — The path to a successful sale of a condominium is paved with pitfalls that can quickly cost five- to six-figure amounts. An apartment in Munich that is priced too high can be sold 10–15 % below market value after six months on the market — with an 850,000 € property, that’s a quick loss of 100,000 €. Here are the 12 most common mistakes made by sellers, with concrete tips, numbers, and insider knowledge on how to avoid them. Still have questions about the rating or the sale? Write to me or call, completely non-committal: Contact us.

Checklist: 12 mistakes when selling at a glance

12 Fehler in der Übersicht. Nach der Tabelle findest du jeden Fehler im Detail mit konkreten Zahlen, Tipps und Beispielen aus der Praxis.

Fehler ()	Practical Tips	Risiko (€)
Wrong pricing	Market research, appraiser, real estate agent valuation	5–15 % Verlust
Lack of preparation	Repairs, Home Staging, Cleaning	3–8 % Verlust
Unprofessional presentation	Profi-Fotos, 360°-Tour, starkes Exposé	Longer shelf life
Fehlende Dokumentation	Alle 10+ Unterlagen vorab beschaffen	Delay 2–8 weeks
Poor negotiation skills	Makler, Ankerpreis, Mehrfach-Interessenten	2–7 % Verlust
Lack of legal protection	Notary and contract review	Hohes Klagerisiko
Falscher Zeitpunkt	Spring/Autumn, monitor interest rates	Longer shelf life
Unclear buyer financing	Request financing confirmation	3–6 Monate verloren
Unclear handover	Detailed handover protocol	Disputes, lawsuit
Steuerliche Fehler	Speculation period, check for personal use	Bis zu 45 % auf Gewinn
Mangelnde Geduld	Realistic planning 4–9 months	Druckverkauf -10 %
Incomplete legal review	Loads, WEG decisions, rental law	Returns possible

Wrong Pricing

The most expensive mistake of all. An overly high asking price scares away potential buyers in the first — and most important — four weeks. After that, the apartment is considered a “showroom” and buyers suspect hidden defects. A price that’s too low gives away money right away.

Practical example: An 80-m² condominium in Munich-Schwabing is offered for 920,000 €, while the market value is 850,000 €. After six months on the market and three price reductions, it sells for 790,000 € — a loss of 60,000 € compared to a realistic initial offer.

What to do? Tip #1

Market research: Analyze comparable properties on ImmoScout24, Immowelt, and Lukinski — last 3–6 months, same location, same furnishings
Appraiser: A certified expert (DEKRA, TÜV) costs 1,500–3,000 € — worth every cent for higher purchase prices
Real estate agent assessment: Reputable real estate agents provide a free, market-appropriate evaluation with comparable properties
Anchor pricing strategy: Set 3–5 % above the target price to have room for negotiation — more is risky

This way you can determine a well-founded offer price.

Questions? Rating, sale, Lukinski

Stephan M. Czaja (Lukinski)

Do you have questions about the Rating or the sale? Free value assessment, real estate agent recommendation — and maybe we already have the right buyers in our database. Write to me or call, completely non-committal.

Lack of preparation

An untidy apartment not only reduces the impression — it lowers the achievable selling price by 3–8%. Buyers calculate every visible flaw twice as high as the actual cost.

What to do? Tip #2

Renovation with ROI: Painting walls (300–800 €) brings 2–4% more selling price — best ratio
Repairs: Dripping taps, faulty sockets, missing grout — costs little, signals care
Home Staging: Almost mandatory for apartments from 500,000 € — costs 1,500–4,000 €, additional profit often 5–10%
Final cleaning: Have it professionally cleaned (200–500 €), clean windows, ensure odor neutrality

With sufficient lead time, you can optimally prepare your Apartment for sale and increase its value.

Unprofessional Presentation

On real estate portals, buyers decide within less than 8 seconds whether to click on an ad. Poor smartphone photos are the number one killer — you won’t even be considered in the shortlist.

What to do? Tip #3

Professional Photographer: Invest 250–600 € — portrait orientation, daylight, wide-angle, at least 15 images
Floor plan: Accurate floor plan with square meter indications per room (50–150 €)
360° tour / drone footage: Standard for premium properties, stands out from the competition
Exposé text: Storytelling instead of listing — location, lifestyle, highlights, investment potential

All together go into the final Exposé.

Lacking or unclear documentation

Incomplete documents delay the sale by 2–8 weeks — and during this time, buyers often back out. Some documents (e.g., energy performance certificate requirement in the listing) are even legally mandated; violations can cost up to €15,000 in fines.

What to do? Tip #4

Complete document list for selling an apartment:

Current land register extract (no older than 3 months)
Condominium declaration with division plan
Energy performance certificate (mandatory in the listing)
Living area calculation
Layout with measurements
Last 3 WEG protocols (owners’ meetings)
Financial plan and service charge statements (3 years)
Amount of the maintenance reserve fund
Current rental agreement (if rented out)
Proof of completed renovations
Insurance certificates (building insurance)
Construction description (for new-build apartments)

Detailed overview: Documents for the sale.

Insufficient negotiation skills

Negotiation is psychology and strategy, not “gut feeling.” Inexperienced sellers lose an average of 2–7 % of the selling price in negotiations — for a 600,000 € apartment, that’s 12,000–42,000 €.

What to do? Tip #5

Have multiple interested parties in parallel: Never reduce to just one buyer — creates competition and upward price pressure
Stick to the anchor price: Don’t give in immediately in the first round of negotiations — standard discount 3–5 %
Second viewing as an indicator: Whoever comes twice is serious — negotiate more firmly here
Use a real estate agent: Experienced agents can recoup the commission multiple times through better negotiations
Keep emotions out: Buyer comments about the apartment (“ugly wallpaper”) are negotiation tactics, not value judgments

Lack of legal protection

Der Notar ist gesetzlich neutral — er prüft nicht, ob der Vertrag für dich vorteilhaft ist. Klauseln zu Mängelhaftung, Übergabezeitpunkt, Zahlungsmodalitäten und Rücktrittsrechten können dich Zehntausende kosten, wenn sie schief sitzen.

Was tun? Tipp #6

Vertragsentwurf 14 Tage vorab: Gesetzliche Verbraucherschutzfrist, unbedingt nutzen
Lawyer for Real Estate Law: The examination costs 300–800 €, but can prevent risks in the five-figure range
Defect Liability: “As seen, as bought” does not apply in cases of intentionally concealed defects — disclose everything
Payment processing: Secure the purchase price payment only after the entry of the preliminary notice of release.

Falscher Zeitpunkt

Der Immobilienmarkt ist saisonal und zinsabhängig. Der falsche Zeitpunkt verlängert die Standzeit um Monate und drückt den Preis.

Was tun? Tipp #7

Strong Quarters: Spring (March–May) and Autumn (September–November) — highest demand
Schwache Quartale: Hochsommer (Urlaubszeit) und Dezember (Weihnachten) — Standzeiten doppelt so hoch
Monitor interest rates: Falling building interest rates increase buyers’ purchasing power by double-digit percentages
Local factors: New micro-location trend, infrastructure project, commercial development as a sales argument

More on this, if the Apartment should be sold quickly.

Unclear buyer financing

After 3–4 months, you find the seemingly “perfect” buyer — and then the deal falls through at the notary because the bank doesn’t approve. You don’t want to experience this.

Without financing confirmation, no serious negotiation. Period.

What to do? Tip #8

Bank financing confirmation: Written confirmation for the purchase price — not just a “preliminary check”
Equity proof: At least 20 % of the purchase price plus purchase-related costs (10–12 %)
Schufa self-disclosure: Useful for private individuals, can be requested for free
Reservation agreement: Check seriousness, but legally delicate — best with a lawyer

Details to Credit Check for Seller.

Unclear Handover

The key handover is the most critical moment after the notary appointment. An incomplete protocol regularly leads to lawsuits — dispute value often 5.000–25.000 €.

What to do? Tip #9

Complete handover protocol contains:

Date, time, all present persons with signature
Meter readings: electricity, gas, water (cold/hot),

6 typical mistakes when selling a villa: purchase price, documents, viewing & Co.

Laura — Thu, 28 Sep 2023 12:33:28 +0000

6 Mistakes When Selling a Villa – As you have already seen, selling a property privately can be demanding. Worse, however, are the risks and mistakes that can occur during a private sale. Mistakes that ultimately lead to a lower selling price and thus direct financial losses for you as the seller. Here are the most common Mistakes When Selling Large Properties. Still have questions about the private sale of real estate or the rating? Write to me or call, completely non-committal: Contact us.

1) Selling under time pressure, poor preparation

The effort and scope of real estate sales are often underestimated. A common consequence is the resulting time pressure, which negatively affects the selling price. Mistakes in the preparation of the sale can have far-reaching consequences – not just financial. Ultimately, the buyer must also obtain financing from his bank based on the provided information and documents. With insufficient preparation, the sales project can fail at any stage.

Tip: Leave nothing to chance. Take enough time to prepare for your real estate sale.

Define your goals and plan the steps of the sale with foresight. Let our professional service support you in achieving a targeted and optimal sale of your property.

2) Incorrect assessment of the purchase price

The determination of the asking price is always based on the value of the real estate. However, the personal assessment of the owners often deviates significantly from this: the selling price is frequently estimated too high or too low. In both cases, a financial loss occurs, and the buyer may not be able to finance the property. Our market-based rating is composed of various factors. We only consider objects that are comparable to yours in the evaluation. This includes both the house type or apartment type, as well as the location and equipment of the real estate. Determining the purchase price is a crucial aspect of a successful real estate sale.

Tip: Our method evaluates sold properties in your region and thus determines a realistic and market-appropriate selling price. Don’t waste money.

Everything you need to know about property valuation is here:

Evaluate property

Questions? Rating, Sale, Lukinski

Stephan M. Czaja (Lukinski)

Do you still have questions about the rating or the sale? Free valuation, real estate agent recommendation, and maybe we have the right buyers right away. Write to me or call me, completely non-committal.

3) Incomplete or missing documents

The preparation and provision of documents for the sale of the property is required in every phase. Potential buyers, authorities, offices, and banks request documents or issue them. Gather all necessary documents and paperwork as early as possible. Current land register extracts are issued by the local court, and also the division declarations for the residential complex are important. The complete key data about the property, derived from building plans, land register extracts, and location plans, will be requested by a serious buyer at the latest during the viewing appointment. If energy certificate or important documents are not available early on, potential buyers may lose interest or the sale may fail at a later stage – for example, if the bank objects to missing documents or an excessively high purchase price.

Tipp: If you wish, we can obtain many of the required documents for you.

Here is a list of the most important documents for house sale and apartment sale:

Floor plan
Location plan
Land register extract
Fire insurance certificate
An overview of the additional costs
List of all renovation work
Photos
The current energy certificate
The indication of the living area
Potentially existing rental agreements
If there are multiple owners, the indication of ownership shares
A detailed property description

More about the most important documents here:

Documents for Sale

4) Poorly represented property

Real Estate is now sold online – whether it’s Divorce, separation or Inheritance. Potential buyers search for suitable properties in social media and online databases of the internet. Present your property optimally and in accordance with the target audience.

Tip: Before the viewing appointment and even before the first photo session, the property must appear well-maintained and livable.

Don’t forget to put your property in top condition, both inside and outside.

Don’t put off repair work and maintenance any longer.
Clear out clutter and create a clear impression.
Ensure cleanliness and a livable, appealing atmosphere.

So-called “Home Staging” pays off. The property is prepared in such a way that potential buyers feel right at home and fall in love with the property. We are happy to offer you advice. Here are some tips for Home Staging:

Remove personal items before the viewing appointment
Enhance the property visually and emotionally

5) Photos: Daylight, Open Space and Variety

The most important factor, however, are the images – especially for Real Estate Marketing and the property brochure. A buyer would naturally like to see as much of the property as possible in order to get an idea of whether the property might be suitable for them.

To take great pictures of your property, there are a few things you need to keep in mind: The rooms should naturally be tidy and clean first of all. In addition, you should definitely take the pictures in daylight, so that the rooms can really be seen well and buyers can assess how much daylight enters the rooms.

The most beautiful room, the rooftop terrace, the open kitchen or perhaps the bay window with a view. Your main image should be the most representative one and showcase the best aspect of the property. Pictures of all rooms and, if available, the garden/balcony/terrace, an exterior view and especially a floor plan must absolutely not be missing.

Photo tips at a glance:

Rooms clean and tidy
Daylight (speaks for bright rooms)
The first image should be the best photo
Cover all rooms and areas
Floor plan

What matters when creating an exposé, you can find out here:

Create an exposé

6) Poorly prepared for the viewing appointment

Buyers have important questions during viewings. They need time to get familiar with the property and its surroundings. When it comes to construction-related questions, competent and technically sound information is expected. When selling real estate, detailed questions about the common property are asked, as these shares are also acquired together with the property.

Tipp: We provide you with possible questions for the viewing appointment. Already when selecting potential buyers, we make a pre-selection, so that neither time nor effort is wasted.

We take over the sales conversations for you. With years of experience, we can successfully conduct real estate sales negotiations. As a real estate agent, we remain objective and do not rush you into decisions.

Tips for Viewing Appointments

Conclusion: How to Avoid Mistakes & Risks?

If you want to sell your property and exclude these pitfalls from the beginning, contact a real estate agency directly. Real estate agents are contacts with expertise who bring not only years of experience, but also the necessary know-how and knowledge.

With a real estate agent’s service, you eliminate long negotiations and rejecting buyers, so you can have a purchase agreement drawn up for the property soon and start the handover process.

Questions? Rating, Sale, Lukinski

Stephan M. Czaja (Lukinski)Do you still have questions about the rating or the sale? Free value assessment, real estate agent recommendation, and maybe we already have the right buyers. Write to me or call me, completely non-committal.

Sell condominium experiences: 7 examples and experience reports from sellers

L_kinski — Thu, 03 Aug 2023 15:16:18 +0000

Selling a condominium is a once-in-a-lifetime event for most people – and that’s why it’s so prone to errors. Those who learn from the typical mistakes in apartment sales of others can save a lot of money: often five-figure amounts. The following seven case studies come from our advisory practice, anonymized and with key details altered. Each story shows a typical stumbling block – from the wrong asking price to missing documents and the strategically wrong time to sell – and how it was resolved.

Why the experiences of other sellers are so valuable

Over 80 percent of private individuals sell only one property in their lifetime. There’s no second chance to build up routine. That’s exactly where case studies come in: they don’t replace professional guidance, but they make visible where the most common – and costly – mistakes lie.

Most people sell exactly one property in their lifetime. That’s why gaining experience is so valuable. Over 67 percent ultimately decide to use a real estate agent, and in big cities, even 80 percent hire an experienced real estate agent.

Overview of the 7 Experience Reports

#	Location	Living area	Core problem	Solution	Result
1	Frechen (NRW)	72 m²	Offer price too high	Market value adjustment	Sold after 11 weeks
2	Hamburg	85 m²	Visual defects	Tailored renovation	+18,000 € additional profit
3	Cologne	50 m²	Poor photos/expose	Professional photographer	5x more inquiries
4	Stuttgart	110 m²	Missing documents	Complete file	Buyer saved
5	Berlin Kreuzberg	65 m²	Weak negotiation	Coaching/advice	+22,000 € realized
6	Munich	78 m²	Amateurish contract	Notary & Lawyer	Legal security
7	Dusseldorf	90 m²	Wrong timing	Postponed to spring	+9 % selling price

“Avoiding the price trap” – Experience #1

Karin M., 32 years, Frechen (NRW)

The Situation

Karin estimated the value of her 4-bedroom apartment with park view based on listings of comparable apartments in the neighborhood. She listed it for 419,000 euros – oriented on the highest offer in the area – and expected quick inquiries.

The Mistake

In the first six weeks, only two viewing requests came in, both without serious purchase interest. What Karin didn’t know: Listing prices are not selling prices. In the same period, comparable properties in Frechen had actually been notarially sold for 360,000 to 380,000 euros.

The Solution

A professional real estate appraisal based on actual selling prices (expert committee data) provided a realistic market value of 372,000 euros. Adjusting the offer price to 379,000 euros led to six serious interested parties within ten days.

The Result

Selling price final: 375,000 euros
Marketing duration after price adjustment: 11 weeks
Learning effect: Ad prices ≠ market prices

Key details of the apartment

72 m², 4 rooms
Frechen in NRW, built in 1998
Balcony with view of the park
Modern kitchen, well-maintained condition
Price per square meter achieved: 5,208 Euro

“Structured preparation beats hope selling” – Experience #2

Hans W.-M., 45 years old, Hamburg

The situation

The central 85 m² apartment had been occupied for twelve years. Scratches on the parquet, yellowed walls, a faulty socket, a chipped tile in the bathroom – each defect on its own small, but together very effective.

The mistake

Hans advertised without preparation. The first three offers were 25,000 to 35,000 Euro below his asking price. The reason: buyers always calculate renovation costs more generously than they actually occur.

The solution

Investment of 4,200 Euro in painting, minor repairs and professional final cleaning. In addition, a light home staging with rental furniture (980 Euro for six weeks).

The result

Total investment: approx. 5,200 Euro
Higher profit compared to initial offers: around 18,000 Euro
Return on Renovation: over 240 percent

Key details of the apartment

85 m², 2 bedrooms
Central location in Hamburg-Eimsbüttel
Spacious living room, high ceilings
High-quality furnishings after renovation
Near shopping facilities and U-Bahn

“Photos and descriptions decide in 3 seconds” – Experience #3

Murat T., 28 years old, Cologne

The situation

First condominium, compact apartment in the inner city of Cologne. Murat advertised with twelve mobile phone photos and a two-sentence description text.

The mistake

In a study, buyers look at an online ad for an average of 8 seconds before scrolling further. Poor photos are clicked away within three seconds. Murat’s ad generated only seven inquiries in two weeks, none of which were serious.

The solution

Hiring a real estate photographer (520 Euro) and creating a structured listing with floor plan, location description, energy ratings, and a detailed text about the living environment.

The Result

Requests per week: before 3.5 – after 19
Selling price: 285,000 Euro (5,700 Euro/m²)
Marketing duration: 4 weeks

Key details of the apartment

50 m² apartment, 1 bedroom
Inner city location in Cologne-Neustadt
Year of construction 2008, very energy efficient
Underground garage parking space included

“Forgotten documents – almost lost the buyer” – Experience #4

Aurora G., 50 years old, Stuttgart

The situation

Maisonette on the outskirts of Stuttgart, inherited from the mother. Aurora wanted to sell quickly and underestimated the bureaucratic effort.

The mistake

The first serious buyer was missing practically all relevant documents: current land register extract, division declaration, valid energy certificate, housing benefit statements from the last three years, minutes of the homeowners’ meetings. The buyer set a deadline of 14 days – Aurora lost two weeks with hectic calls to the management and land registry office.

The Solution

Creation of a complete sales folder according to a checklist:

Land register extract (not older than 3 months)
Division declaration with division plan
Energy certificate (demand or consumption certificate)
Rental allowance statements for 3 years retroactively
Minutes of the last three homeowners’ meetings
Wirtschaftsplan des laufenden Jahres
Proof of maintenance reserve
Floor plans and living area calculation
Possibly rental agreement and rental receipts

The result

Buyer remained – narrowly saved
Verkaufspreis: 489.000 Euro
Learning effect: Obtain documents BEFORE the ad placement

Key details of the apartment

110 m² maisonette, 3 bedrooms
Suburban area of Stuttgart
Large balcony with view
Needs renovation (bathrooms, heating)
Year of construction 1976, ETW since 1992

“Negotiating needs to be learned” – Experience #5

Julia R. B., 37 years old, Berlin

The situation

Loft apartment in Berlin-Kreuzberg, high ceilings, industrial style. Ad listed at 545,000 Euro, quick buyer interest.

The mistake

During the first negotiation meeting, Julia was convinced to agree on a price of 498,000 Euro – almost 9 percent below her expectations. Classic pressure tactics from the buyer (“I have two other properties”, “Financing only until the end of the month”) had an effect.

The solution

Withdrawal from the conversation, commissioning a negotiation coaching session through a real estate agent. With the next buyer: credit check BEFORE the negotiation, defined price floor (520,000 Euro), written offer submission.

The result

Final selling price: 532,000 Euro
Difference to the first “emergency sale”: 34,000 Euro
Learning effect: Negotiations are preparation – not talent

Key details of the apartment

65 m², open space concept
Industrial style in Berlin Kreuzberg
High ceilings, large windows
Creative workspace
Near galleries and cafes

“When friends draft the purchase contract” – Experience #6

Thomas F., 60 years old, Munich

The situation

Thomas wanted to save costs and had a friend who is a tax advisor (not a notary, not a lawyer) prepare the draft purchase contract.

The mistake

In Germany, EVERY real estate purchase contract MUST be notarized (§ 311b BGB). Privately drafted contracts are invalid. In addition, there were unclear regulations regarding encumbrances in the land register, missing clauses regarding preliminary registration of the transfer of ownership, and no regulations regarding movable items (built-in kitchen).

The solution

Engagement of a qualified notary (costs approx. 1.5 % of the purchase price, usually borne by the buyer) and simultaneously a real estate lawyer to review the notarial draft (fee approx. 800 Euro).

The Result

Legally secure sale at 612,000 Euro
Clearly regulated handover and rights to claim defects
Lesson learned: NEVER save on the purchase contract

Key details of the apartment

78 m², 3 rooms
Munich-Sendling, old building built in 1932
Renovated bathrooms, protected facade
Underground garage parking space
Price per square meter achieved: 7,846 Euro

“Season and timing decide” – Experience #7

Samuel C., 29 years old, Düsseldorf

The situation

Samuel inherited a penthouse with a rooftop terrace and wanted to sell it quickly. Advertised in November.

The mistake

November and December are statistically the weakest sales months for premium apartments. Buyers think tax-related (end of the year, bonus only in the following year) and terraced apartments are clearly less appreciated during the rainy weather period. Result: three inquiries in six weeks.

The Solution

Shifting the marketing to February/March. Using the waiting period for: professional drone shots of the rooftop terrace on sunny days, renovation of the bathroom, procurement of all documents.

The Result

Sales price November estimate: 685,000 Euro

Apartment sale purchase contract: What to watch out for? – Content, notary & documents

Laura — Wed, 22 Mar 2023 07:40:59 +0000

Selling an apartment — The notarial purchase agreement is the legal cornerstone of every apartment sale. Without it, nothing goes in Germany: § 311b BGB mandates the notarial certification for real estate purchase agreements. What is included in the contract, what documents you as a seller of a condominium must have ready, what the notary actually checks (and what not), how high the costs will be, and which clauses determine success or costly disputes — you will learn all of this here in a compact form with concrete figures.

Why the purchase agreement is so central when selling a condominium

When it comes to selling a condominium, the purchase agreement is more than just a formality. It is the only basis on which ownership of the plot or apartment ownership can be effectively transferred. A verbal agreement — no matter how detailed — is legally invalid. Only the notarial certification creates an effective obligation for both parties.

Legal binding under § 311b BGB

Any agreement that is not included in the notarized contract is not enforceable. A seller who gives a verbal assurance (“The built-in kitchen stays”) but does not include it in the contract cannot later insist on it — and vice versa. Everything essential must be included in the document.

Protecting both parties through a pre-emption notice

Typically, between signing the contract and the property being registered in the land register, 4–8 weeks pass. During this time, the pre-emption notice protects the buyer from the seller selling or encumbering the apartment a second time.

Avoiding hidden points of contention

A precisely worded contract eliminates room for interpretation: When does the handover take place? Which defects are known? Who is liable for damages between the notarization and handover? Each of these questions can cause five-figure costs in the event of a dispute.

Content of the purchase contract: These clauses belong in it

The purchase contract for a condominium follows a clear structure. The notary provides a standard draft — but you should not sign it without review, instead understanding each clause.

Mandatory information in every apartment purchase contract

Complete data of seller and buyer (including date of birth)
Exact description of the property ownership (land register page, co-ownership share, exclusive ownership)
Purchase price and payment terms (notary escrow account or direct payment)
Conditions for readiness for handover (see below)
Handover date and transfer of burdens (benefits, burdens, risk)
Declaration of release
Approval of the preliminary notice of release
Exclusion of warranty and liability for defects
Cost distribution (notary, land register, land transfer tax)

WEG-specific content for condominiums

If you buy a condominium, you will automatically become part of the condominium owners’ association. This must be reflected in the contract:

Reference to the division declaration
Description of the exclusive ownership (apartment, possibly basement, parking space)
Existing special usage rights (garden, terrace, parking space)
Transition from housing fees and maintenance reserve fund
Access to the last WEG protocols
Taking over decided but not yet implemented renovation measures

Special case: rented condominium

When purchasing a rented apartment, the buyer automatically enters into the existing lease agreement under the law (“purchase does not terminate rent”, § 566 BGB). Therefore, the contract must additionally regulate:

Handover of all rental agreements including appendices
Transfer of the security deposit (with bank statement)
Pro-rata rent in the handover month
Outstanding additional costs statements
Confirmation that no termination has been issued

Maturity and payment of the purchase price: How it works correctly

One of the biggest points of contention in practice: When must the buyer pay? Answer: Only when the notary sends the “maturity notice” — and for this several conditions must be met.

These conditions must be present

Notice of preliminary registration in the land register entered
All liabilities in Section III are deleted or deletable (security releases from the seller’s financing bank are available)
Possible required approval from the property manager (often required in WEG)
Negative certificate from the municipality regarding the right of first refusal

Notary escrow account vs. Direct payment

In most cases, the buyer pays directly into the seller’s account — faster, cheaper and standard practice. An escrow account with a notary (trust management by the notary) is only sensible in complex situations, such as in the case of interim financing or if liabilities can only be deleted after payment. It costs an additional approximately 1‰ of the purchase price.

Sample purchase agreement for House & Apartment

What does a purchase contract look like? What is included? Free template (from immobilien-erfahrung.de, where topics such as real estate entry, capital investments, and more are thoroughly covered):

Purchase Contract Template & Sample — external

Additional Documents & Papers for the Sale

As a seller of a condominium, you should have all relevant documents completely ready before the notary appointment. Missing documents can delay the sale by weeks — and in the worst case, the buyer may back out.

Declaration of Shares: Division of Ownership Rights

The declaration of shares is the legal DNA of every condominium. It defines what is exclusive ownership (your apartment) and what is common ownership. Pay special attention to special usage rights for parking spaces, garden areas, or basement rooms — if an entry is missing, the area belongs to everyone.

Annual accounts of the last three years

Buyers want to see how the housing fees and special levies have developed. Rising trends or frequent special levies are warning signs of maintenance backlog.

Housing fees: ongoing monthly costs

The housing fee is the monthly prepayment to the homeowners’ association for management, administration, and maintenance reserve. Typical amount: 3–4.50 €/m² living space. For an 80 m² apartment, this is approximately 240–360 € monthly.

Maintenance reserve: the homeowners’ association’s renovation reserve

Die Instandhaltungsrücklage sollte als Faustregel mindestens 7–15 €/m² Wohnfläche pro Jahr betragen. Eine ältere Anlage mit 0,50 €/m² Rücklage signalisiert: Hier kommen Sonderumlagen. Käufer prüfen das genau — Verkäufer sollten ehrlich antworten.

Decisions of the condominium meetings

Übergeben Sie sämtliche Versammlungsprotokolle der letzten 3–5 Jahre. Bereits gefasste, aber noch nicht umgesetzte Beschlüsse (z. B. Dachsanierung, Aufzugsmodernisierung) gehen auf den Käufer über und müssen offengelegt werden.

Community rules: Rules of the WEG

Hier stehen Detailregelungen: Stimmrecht, Kostenverteilung, Vermietungsbeschränkungen (zunehmend Verbote für Kurzzeitvermietung wie Airbnb), Tierhaltung, Umbaubeschränkungen.

Further required documents for the notary appointment

Current land register extract (not older than 3 months)
Energieausweis (Pflicht seit 2014)
Current construction plans and building description
Calculation of living space
When renting: all rental agreements
Brandschutznachweise (falls modernisiert)

Notary fees and purchase additional costs: Example calculation

The purchase additional costs when selling an apartment quickly add up to 10–15% of the purchase price. The notary himself is the smallest item — the land transfer tax has the biggest impact.

How the additional costs add up

Notary fees: approx. 1.2–1.5% of the purchase price
Land register fees: approx. 0.3–0.5% of the purchase price
Land transfer tax: 3.5–6.5% (depending on federal state)
Real estate agent commission: since the reform split between buyer and seller

Example calculation: Condominium 500,000 €

Cost Item	Percentage	Amount	Borne By
Notary (Certification + Execution)	~1.5%	7,500 €	Buyer
Land Registry Entry	~0.5%	2,500 €	Buyer
Land Transfer Tax NRW (6.5%)	6.5%	32,500 €	Buyer
Real Estate Agent Commission (3.57% including VAT, split)	3.57%	17,850 €	each 8,925 €
Total Buyer	~11.4%	~51,425 €	—

The land transfer tax varies significantly: Bavaria and Saxony are at 3.5%, while NRW, Brandenburg, and Schleswig-Holstein are at 6.5%. For a 500,000 € apartment, this is a difference of 15,000 €.

Warranty in apartment sales: “As seen, so bought”

The standard clause “Sale is made without any warranty” appears in almost every purchase contract — and protects the seller from claims due to defects. However: The exclusion does not apply to deliberately concealed defects.

What sellers must disclose

Known moisture damage, mold, water damage
Structural issues, cracks in the masonry
Planned renovation decisions by the WEG
Disputes with neighbors or the WEG
Distressing legacy issues or suspected asbestos
Pending court proceedings

Anyone who conceals a known defect is personally liable, even if the warranty exclusion applies — often years later. In doubt: disclose in writing.

Process from draft contract to handover of keys

Anyone who knows the timeline can avoid stress and realistically plan for connection financing, moving, or follow-up investments.

Typical timeline at a glance

Schritt	Wer	Dauer
1. Draft contract from the notary	Notar	1–2 Wochen
2. Inspection period (legally 14 days for consumers)	Buyers + Sellers	2 Wochen
3. Notary appointment / Certification	alle Parteien	1–2 Stunden
4. Entry of preliminary notice of release	Grundbuchamt	2–4 Wochen
5. Pfandfreigaben einholen	Notar / Banken	2–6 Wochen
6. Notice of Default	Notar	—
7. Purchase price payment	Buyers	10–14 Tage
8. Handover + Key handover	Seller	nach Zahlungseingang
9. Property reassignment in the land register	Grundbuchamt	4–12 Wochen Selling an apartment in a community of heirs: One of them does not want to sell – What to do? Laura — Wed, 22 Mar 2023 07:29:58 +0000 Selling an apartment in the case of a community of heirs – When the deceased leaves a house or a condominium, the heirs are faced with the question of what to do with the property. Often, they decide to sell it. However, selling a home through a community of heirs can be a complex matter that presents numerous challenges. Find out here how the sale of a jointly inherited apartment works, what you need to consider regarding the certificate of inheritance and what to do in case of disputes and conflicts within the community of heirs. Also: a summary of your rights and obligations. Rights and obligations of the community of owners A community of heirs arises when several persons become co-heirs to the estate of a deceased person. As members of the community of heirs, the co-heirs have various rights and obligations. Rights: disclaim inheritance, sell inheritance & dissolution The rights include, among others, the right to use the inheritance and the right to sell the inheritance share. Each co-heir has the right to sell his or her share of the inheritance, whereby the other co-heirs have a right of first refusal. There is also the right to dissolve the community of heirs if the community of heirs no longer functions or there is a dispute about the inher itance. In addition, the co-heirs are permitted to disclaim the inheritance under certain circumstances if they do not wish to accept it or if this would mean that they would have to assume the decedent’s debts. The disclaimer must be made within a certain period. The rights at a glance: Reject inheritance Right to use Right to sell the inheritance Right of first refusal Right to dissolve the co-ownership community Duties: Rental agreements, management & Co. The duties of the co-heirs include, among other things, the assumption of tenancy agreements if the decedent was a tenant of an apartment or house at the time of his or her death. The co-heirs also have an administrative duty towards the inheritance. They must manage the inheritance properly, maintain it and, if necessary, carry out maintenance measures. Another important duty of the co-heirs is the payment of the estate’s liabilities. The co-heirs are jointly liable for the decedent’s liabilities and must ensure that these are paid. In doing so, they must also take into account the taxes of the inheritance. Your duties summarized: Assumption of leases Management duty Payment of the estate liabilities Prerequisite for apartment sale In order to sell an apartment from a community of heirs, all heirs must therefore agree to the sale. A sale can only take place jointly and by mutual agreement. This requires close cooperation and agreement between the heirs to ensure smooth administration of the inheritance. Heirs must agree on the sale of the apartment However, in practice, it can often be difficult to agree on a joint sale. There are often emotions and memories associated with the property, which can make the issue sensitive for some heirs. It is therefore not uncommon that individual heirs do not yet want to or cannot agree to a sale. In some cases, this can lead to disagreements and disputes regarding the inheritance. We will now take a closer look at the options available. Dispute & conflict in the community of heirs If the community of heirs disagrees on the sale of the apartment, it may be difficult to find an amicable solution. If all heirs refuse their consent to the sale, the property cannot be sold. In this case, there are various ways in which the community of heirs can proceed. Allow inheritance share to be paid out by co-heirs One possibility is that a single co-heir pays off the other co-heirs and thus becomes the sole owner of the property. If a co-heir wishes to pay off the other co-heirs, the value of the property and the shares of the co-heirs must first be determined. An expert or surveyor can be consulted for this purpose. Then the share of each co-heir is calculated on the basis of the value of the property. The co-heir who wishes to pay out the other co-heirs must then pay out the corresponding share to the other co-heirs in order to acquire their shares in the property. This is how the payment of an inheritance share works: Determination of the real estate value Calculation of the share of inheritance Payment to co-heirs is made Sell inheritance share to third party However, it may happen that the other heirs do not agree or are unable to acquire the selling heir’s share. In this case, the selling heir can sell the share to a third party. The prerequisite for this is that the co-heirs have been granted a two-month right of first refusal and that the sale of the inherited share is only possible as a whole. Therefore, if you decide to sell the part of your inheritance, this refers not only to the apartment, but also to the rest of the inheritance. Partition auction by district court The partition auction in the community of heirs by the district court is usually the last resort. If the heirs do not agree, an heir can apply for a partition auction. The district court will then auction off the property in order to subsequently divide the proceeds among the co-heirs. However, this route is often associated with high costs and usually results in significantly lower proceeds than a private sale. The partition auction at a glance: Last resort in case of dispute Settlement by local court Division of the proceeds between the heirs Disadvantage: High cost & low purchase price Procedure: Sell inherited apartment When several heirs have inherited an apartment and decide to sell it, they must follow certain steps in order to carry out the sale in a legally correct manner. This requires good planning and coordination within the community of heirs, as well as the involvement of an experienced notary to ensure that the sales process runs smoothly. Here are the most important points in advance: Consent to sale by entire community of heirs Marketing of the property Preparation of the purchase contract at the notary Payment of the purchase price and settlement Approval for sale First, the community of heirs must agree that the apartment is to be sold. All heirs must agree to this. Once an agreement has been reached, a joint resolution must be passed that regulates all aspects of the sale, such as the sale price, the division of the proceeds among the heirs and who will carry out the sale. Marketing of the property After the community of heirs has decided to sell the apartment, the property must be offered on the market. For this purpose, a real estate agent can be hired to evaluate the apartment, prepare real estate exposés and take over the marketing. Alternatively, the heirs can sell the apartment themselves by placing advertisements or using online platforms. Preparation of the purchase contract at the notary Once a buyer has been found, a notary appointment must be arranged in which the purchase contract, conveyance and land register amendment are carried out. The purchase contract regulates all details of the sale, such as the purchase price, the time of transfer of ownership and all other conditions. The conveyance is the formal declaration by the seller that he is transferring ownership of the property to the buyer. The land register amendment is the registration of the buyer as the new owner of the apartment in the land register. Payment of the purchase price and settlement After all formalities have been completed, the buyer must pay the purchase price. As soon as the purchase price is received, the land register change is carried out and the buyer is registered as the new owner of the apartment. Applying for a certificate of inheritance: This is what matters In the course of the sales process, the heirs must provide proof that they own the inherited house. Often, a certificate of inheritance is required for this, as the deceased owner is still registered as the owner in the land register. The certificate of inheritance can be applied for at the probate court, but it is not necessary in every case. Alternatively, succession can also be proven by a European certificate of probate or a disposition of property upon death in accordance with Section 35 (1) GBO, provided this is contained in a public document (e.g. a notarial will) and the record of the opening of the disposition is submitted. Land register registration in the event of a speedy sale It is advisable for the heirs to have their ownership position entered in the land register before the sale, if necessary, as the land register becomes incorrect after the death of the testator. The heirs are generally obliged to correct the land register and enter them as the new owners. This can be particularly important if the sale takes place years later. In this case, the land register correction should be made as soon as possible and at the latest within two years of the inheritance. The process is usually free of charge within this period. No transcription necessary in case of later sale However, if the house sale takes place promptly after the death of the decedent, a land register adjustment is not normally required. In this case, ownership can be proven, for example, by presenting the certificate of inheritance and the buyer can be entered directly in the land register. The most important things summarized: Certificate of inheritance proves new ownership of the apartment Alternative: Proof by European Certificate of Succession Community of heirs must register as new owners Exception: sale takes place shortly after the inheritance takes place Conclusion: Sale of apartments of a community of heirs In summary, a sale of an apartment by a community of heirs can be a complex process. For this reason, it is especially important that you and your co-heirs are familiar with your rights and obligations. After the community of heirs has agreed on the sale, the heirs must prove their ownership of the inherited apartment. A certificate of inheritance can be requested for this purpose, but there are also alternative means of proof such as the European certificate of inheritance or a disposition of property upon death. It may also make sense to correct the ownership position in the land register in order to avoid problems in the event of a subsequent sale.