When must the seller be liable?

In principle, sellers must be liable for defects of which they were aware at the time of sale but which they nevertheless concealed. A good estate agent can advise you on this and tell you which defects you should disclose beforehand. This can save you a lot of trouble down the line. The problem is that many private people do not even know that you are liable in the end and have to pay appropriate compensation. Therefore, the house sale in Rhineland-Palatinate or Hesse should, if possible, always be placed in the hands of an experienced real estate agent.

Claims of the buyer

When a buyer purchases a property, he has the right to have defects remedied. This applies if the buyer has knowingly concealed defects and these have not been recorded in the purchase contract. After a period of five years, this right to rectification of defects expires. In real estate sales there are two types of defects, the material defect and the defect of title.

Material defects: financial damage, mould, electrics

A material defect is a defect that ensures that the property cannot be used in accordance with its purpose. This applies, for example, to a defect that prevents a rental property from being rented out, so that the buyer suffers great financial damage. Possible material defects are, for example, moisture damage, mould infestation, damage to the electrical system or defects in the heating system. A legal defect is given if third parties have a claim to the property which was concealed by the seller. This means that he has resold the property without permission. As your estate agent, we will advise you fully before you buy and ensure that you have all the necessary permissions to sell your home. In addition, we will ensure that all the paperwork is in place so that no doubts can arise in the first place.

Compensation as a private seller

When you sell an existing property as a private seller, you usually don’t have to worry too much about material defects. This is because these properties are bought as seen and the warranty is excluded in the purchase contract. However, if it turns out afterwards that you fraudulently concealed a defect, the seller may still be entitled to have the defect remedied. On the other hand, if the buyer knew of the defect and there is a warranty exclusion in the contract, the buyer has no right to damages or other compensation.

Avoid unpleasant surprises and hire a real estate agent

The sale of a property is fraught with pitfalls. Especially about the liability, many private sellers are not clear. Real estate agents can support you and advise you comprehensively on the subject, so that you do not suddenly have to pay high damages. They will clarify exactly what defects you need to disclose and draw up a contract that protects you from having to pay extra. So if you own a home, simply contact an estate agent and benefit from their expertise and experience.

More information about selling a house:

Broker contract: tips and help

You want to sell a house or an apartment, have no experience in the real estate market and want to avoid mistakes at all costs? Then you are well advised to use the comprehensive services of an estate agent and simplify the time-consuming and complex sale of your residential property. When you hire an agent, you don’t have to factor the sale of your property into your schedule, as all tasks are handled directly by your real estate agent and carried out in your best interest.

Sell

There are various reasons that make you think about selling a property. Many of our clients already own their own house or condo when they inherit their parents’ home and don’t know what to do with the inheritance now. Are you facing this question or have another reason for selling your house? Our professional online real estate agents will assist you and help to get the best price for the property and not put a long wait on the agenda in the course of the sale. While you can sell privately if you are the sole owner, a house or apartment owned by a community of heirs presents greater challenges.

Tasks of a broker

Basically, a real estate agent fulfils all tasks that are important before and during the sales and rental phase. He creates an exposé, determines the market value of your property, advertises your property and is then the interface between you and interested parties. While the creation and publication of an advertisement is a time-consuming but unique task, answering customer enquiries is part of the daily business of an estate agent.

• Here you can find more information about the tasks of a broker.

Commission for the broker – The most important regulations

More than 80 percent of all properties for sale or rent are brokered. This means that the owner commissions a real estate agent to advertise the offer and to carry out all tasks up to the conclusion of the contract on his behalf. Professional brokerage is a service that is agreed between the client and the real estate agent. After the service has been rendered, a commission, the so-called brokerage fee, is due. Who pays the commission depends on the type of commission and the reason for the commission. If you sell your property through an estate agent, the buyer usually pays. In the case of lettings, the buyer principle has applied since 2015, so that the invoice recipient and commission payer is identical to the person who has commissioned a brokerage service.

• Here you can find more information about the broker commission.

Rejecting the inheritance – when debts are part of the estate

The inheritance can be disclaimed by any heir. This is particularly useful if debts or real estate in need of renovation are part of the estate. You can find out here which obligations must be complied with, how much it costs to disclaim an inheritance and how the liability of heirs can be limited.

The most important facts at a glance:

• The correct form is decisive in order to make the disclaimer of the inheritance legally effective.
• The content of the declaration must contain precise reasons for the renunciation of the inheritance
• Heirs are not informed of their role as heirs by the probate court unless there is an estate, or they succeed to the estate as heirs
• An over-indebted inheritance can lead to the financial ruin of the heir
• Renovable real estate can be part of the inheritance and lower the value of it
• The cost of eliminating an inheritance in the event of overindebtedness is very low
• An inheritance can only ever be accepted or disclaimed in full.
• Depending on the case, a subsequent disclaimer of the inheritance is possible
• However, the disclaimer of the inheritance can also be challenged retrospectively.

The shape – this is what you need to pay attention to

To disclaim the inheritance requires some rules. Simply notifying the family or simply having no reaction to the inheritance is not enough. The form is very crucial. The heir must make a disclaimer to the probate court either in the form of a transcript or in a publicly notarized form. However, a simple letter is not sufficient. A personal appearance before the probate court is also possible. There, the heir explains his or her request and a judicial officer records it in writing. The local court in whose district the deceased had his or her last residence is responsible.

However, not only the form is very decisive for the success of the disclaimer, but also the content and the deadline of the declaration. This must have clearly listed why the inheritance does not want to be accepted. The reasons should be clearly listed. These may include, for example, that the estate consists mainly of debts.

Inheritance: Accept or reject? – Tips from a lawyer

The six-week deadline – do not lose track of time

The declaration is subject to a so-called six-week period. If the inheritance does not wish to be accepted, the relevant declaration must be submitted to the competent probate court within six weeks, otherwise the inheritance is deemed to have been accepted.

Generally speaking, the probate court does not have a duty to bring. The heirs are only notified of the inheritance if there is a will or if they succeed to the inheritance because, for example, someone else has already disclaimed the inheritance. In all other cases, the heirs are assumed to know whether or not they inherit anything from a deceased family member.

Limit liability of heirs – protect private assets

In addition to the waiver of inheritance, it is also possible to limit the liability of heirs and thus protect private assets from being swallowed up by the debts of the estate. This can be enforced by limiting the liability of the heirs in the context of an insolvency of the estate. The heirs are then only liable for the debts of the deceased with the inherited assets. The private assets thus remain untouched if the estate is not sufficient to repay the debts.

The costs – disclaiming inheritance in the event of overindebtedness

If the inheritance is overindebted, the costs are very low. The fees for disclaiming the inheritance are a flat rate of 30 euros at the probate court. If an inheritance that is not overindebted is rejected, the costs are incurred in accordance with the Court and Notary Costs Act. The higher the value of the estate, the more expensive the proceedings will be.

An inheritance can only ever be disclaimed in full. Accepting the assets and disclaiming the debts is therefore not possible. If an inheritance is disclaimed, the compulsory portion to which each heir is normally entitled by law is no longer due to that heir. If the estate is disclaimed by all possible heirs, it becomes the property of the state. The latter uses the assets (if any) to pay off part of the debts. The creditors of the remaining debts are left empty-handed in such a case.

Contestation of the disclaimer – only possible in certain cases

If it subsequently transpires that securities or real estate belong to the estate of which you had no knowledge at the time of the disclaimer, a challenge is very much possible. The contestation must be declared in writing to the probate court within six weeks after the error has been recognised and must state the reasons for the contestation. However, if the inheritance was disclaimed due to over-indebtedness and it subsequently transpires that the estate does not contain as many debts as was assumed at the outset, the disclaimer cannot be contested.

Rejecting the inheritance after the event – contesting the acceptance of the inheritance

Once an inheritance has been accepted or the deadline has passed, there is usually no turning back. However, once again exceptions confirm the rule. In certain cases, it is possible to withdraw from the inheritance after the fact. If, for example, it comes to light after the acceptance of the inheritance that the estate contains a large loan from the deceased, of which you were unaware until then, the acceptance of the inheritance can be contested. However, as a prerequisite, you must have had full knowledge of the assets and debts of the estate. However, if the heir wants to contest the acceptances because the six-week period was not known or it was not clear when it starts, this is also possible with a good lawyer.

Read more about disclaiming an inheritance!

The most important questions about inheriting debts

Debts in the estate are often a shock and a new situation for the heirs. Many questions arise and remain unanswered. The experts at Lukinski therefore answer all questions on the subject of inheriting debts and disclaiming the inheritance so that you are accurately informed.

What happens to debts after death?

Upon the death of the testator, all property passes to the heirs. This includes assets as well as debts. The debts are therefore part of the inheritance.

Can you disclaim an inheritance if you have debts?

If debts are part of the estate, the heir must also be liable for them with his private assets. If the heir is himself indebted, he can disclaim the indebted inheritance within six weeks and thus does not have to be liable for the estate.

How long does it take to disclaim an inheritance?

The deadline for disclaiming the inheritance is six weeks after the heir has become aware of the inheritance. The processing of the disclaimer does not take long at the court.

What does it cost to disclaim an inheritance?

If an inheritance is overindebted, the inheritance disclaimer costs a flat rate of 30 euros. If the inheritance is disclaimed even though no debts are part of the inheritance, the amount varies depending on the amount of the estate.

Will I be notified when I inherit?

If no will has been drawn up and you inherit according to intestate succession, you will only be notified if you succeed to the inheritance. However, if you are the first-order heir, i.e. the child or spouse of the deceased, you will not be notified of the inheritance.

Terminate rental agreement – deadlines, delivery and special termination rights

You want to expand, move to a new city or have to change your location for professional reasons. All reasons to cancel the rental apartment and start something new. But this is not as easy as you think, because there are many things to consider. From notice periods and special termination rights to tenant clauses and forms of termination.

The lease agreement – how to terminate it and what it may contain

The rental agreement is the most important document between tenant and landlord. However, what the rental agreement contains is hardly regulated by law and is primarily subject to the contracting parties. The points that are not found in a rental agreement are regulated by the German Civil Code (BGB). When signing the lease, however, caution is called for, because there are often hidden clauses that are not permitted at all. Particularly with the topic notice there are exact defaults. The example that probably most often leads to disputes is the waiver of notice, because it may not be set for a longer period than four years. If it is nevertheless, it is legally invalid. Also further regulations of the BGB say special rules with the lease. According to this, the deposit may not be higher than three months’ rent. So before signing a rental agreement, find out exactly what is allowed and what is not.

If the time has come and the apartment is to be terminated, there are some formalities to be observed. Mistakes can make the termination ineffective and in the end lead to you having to pay double rent. The most important points that should be included in a notice are:

• The date on which notice is given
• Name and address of both landlord and tenant
• Explicit reference to the wish to terminate the contract
• Signature of all rental parties
• Exact address and concrete designation of the rental object
• Withdrawal of direct debit mandate (if any)
• Note on the return of the deposit (if deposited)
• Agreement on the handover of the apartment + acceptance (incl. Is it a good investment? Find out: investment property. protocol)
• Request for a written confirmation of the termination
• Separately rented parking spaces must be cancelled individually

Notice periods: What are they?

The notice periods are normally relatively simple. For tenants with an open-ended lease, the usual three months’ notice applies, regardless of how long the tenant has lived there. Furthermore, the letter of termination must have reached the landlord by the third working day of a month. Tenants do not even need to give a specific reason for giving notice in this case. A later receipt will only result in a delay of one month. Tenants in such a tenancy can only make use of the termination without notice in special exceptional cases. These include, for example, emergencies such as severe mold infestation in the apartment or a sustained disturbance of domestic peace. Landlords have it in comparison much more difficult to terminate the tenant. They need a legally recognized reason for termination. Such reasons can be very different and range from use of the premises by the tenant contrary to the contract (e.g.: unauthorized renting to third parties) to disregard of the house rules or non-payment of rent. These reasons are legally recognized as grounds for termination without notice. If the landlord cannot prove that the tenant has acted in breach of contract, the tenant can only be terminated in special cases, e.g. in the case of personal need. The notice periods for termination by the landlord are based on the duration of the tenancy. In the case of a tenancy of up to five years, the normal three-month notice period applies. If the tenancy has been in place for more than five years, the notice period is six months. A tenancy of more than eight years results in a notice period of nine months.

Termination of the lease – deliver correctly

The German Civil Code (Bürgerliches Gesetzbuch, BGB) states that termination of a tenancy agreement must be in writing (§ 568 BGB). However, this is not as simple as it may sound. E-mails, telegrams and faxes are inadmissible and are not recognised. The safest way is to send a notice of termination by registered mail with advice of receipt, because this way you can prove the termination in case of dispute. In general, however, it is better to be on the safe side when giving notice. Do not send them at the last minute, but rather a little in advance to meet all deadlines fairly. Especially when sending the letter by mail, it can always be that the recipient is not there and he therefore only receives a pick-up note. However, the notice is not considered delivered until the letter has been picked up. Another important formality is the signature under the notice. If this is not present from all tenants, the notice is not valid and you cannot be prosecuted.

Special termination rights

Special termination rights can, as the name suggests, only be used in special cases. These are always dependent on the respective rental agreement and the exact situation. The most common are:

Announcement of a modernization

when a modernisation is announced, the tenant has special rights of termination against the landlord. Example: If a modernization is announced in August, the tenant can give notice until September 30. The contract would then end on 30 October.

Rent increase to the local comparative rent

in the event of an impending rent increase, the tenant also has special rights. The period of notice is reduced to two months for him.

Rent increase for social housing

if the rent is increased in social housing, the tenant has the right to a shortened notice period. This is in this case one month

Death of the tenant

Should a tenant die, the tenancy does not end automatically. Life partners, spouses or heirs have one month to decide whether or not to continue the tenancy. If you decide not to, the three-month notice period applies.

Providing a new tenant – Advantageous for the tenant

Depending on the situation, it may be advantageous for the tenant to provide a new tenant. If the tenancy is no longer sustainable for the tenant due to a change of job or a change of life situation such as a child and too small living space, the tenant can provide a new tenant. However, it is a fact that the landlord does not have to accept every new tenant. The landlord must agree to the proposed new tenant. Another advantage arises when items such as the fitted kitchen or similar are to be taken over, because the tenant can clarify this directly with the next tenant and thus save money and time.