You Might Be Thinking…

“Isn’t a standard purchase agreement from the internet enough?”
No. Every house has its specifics, and the contract must be tailored. Otherwise, you risk invalidity (§ 2128 Civil Code) or long, costly disputes.

Clients Often Ask Me…

• What requirements must a house purchase agreement meet?

• How do I verify the property is described correctly?

• How do I handle defects or discrepancies in area (§ 2129 Civil Code)?

• Is a lawyer’s escrow account necessary?

• What if the house is damaged before handover (§ 2130 Civil Code)?

House Purchase Agreement Checklist – Step by Step

1. Property Identification

• Exact designation according to the Land Register (§ 2128 Civil Code).

• Include parcel numbers, title deed, cadastral area.

• Even small typos can lead to rejection of the registration.

2. Purchase Price and Payment Method

• Price must be fixed or determinable (§ 2080 Civil Code).

• Lawyer’s escrow is strongly recommended – it protects both buyer and seller.

• Clearly specify the payment method and deadlines.

3. Area and Defects of Land or Building

• If the actual area differs from the contractual one, the buyer has a right to a discount (§ 2129 Civil Code).

• The seller must disclose known defects (§ 2095–2097 Civil Code).

• Hidden defects can be claimed years after the transfer.

4. Transfer of Risk of Damage

• Normally, risk transfers to the buyer only upon takeover (§ 2130 Civil Code).

• If agreed otherwise, it must be clearly stated.

• Always draft a handover protocol describing the property’s condition.

5. Accessories and Documentation

• The contract must specify what is included (garage, garden, utilities).

• Delivery of energy performance certificate and building documentation.

6. Handover Date, Fruits and Benefits

• From the agreed date, the buyer receives benefits (rent, utilities).

• Record meter readings at handover.

Risks and Common Mistakes

• Incorrect property identification → Land Register rejects the filing.

• Missing escrow → you may pay but never acquire ownership.

• Unaddressed defects → litigation over repairs and discounts.

• Forgotten accessories → garage or garden may not transfer with the house.

Lawyer’s Recommendation

✔ Never sign without a lawyer’s review.
✔ Always insist on escrow.
✔ Double-check Land Register entries – title deed, parcels, cadastral data.
✔ Verify legal encumbrances (easements, mortgages).

FAQ

Must a house purchase agreement be in writing?
Yes, otherwise it’s invalid (§ 2128 Civil Code).

What if the house has hidden defects?
The buyer has rights from defective performance, up to 5 years for hidden defects (§ 2129(2) Civil Code).

How can I avoid the risk of losing money?
The safest option is lawyer’s or notary’s escrow.

What if the house is damaged before handover?
Risk transfers only upon takeover (§ 2130 Civil Code).