You Might Be Thinking…

“Surely the seller should disclose all this, right?”
Yes, the seller has a duty to disclose defects (§ 2095–2097 Civil Code). But in practice, this is often glossed over or only vaguely stated. That’s why it’s crucial to have a contract that protects you.

Clients Often Ask Me…

• What mandatory requirements must an apartment purchase agreement include?

• How to cover the share of the common parts of the building?

• How to protect myself from HOA debts?

• What exactly must the seller disclose about defects?

• Can the Land Register reject the filing if the contract is drafted incorrectly?

Mandatory Requirements of an Apartment Purchase Agreement

• Identification of the apartment and share (§ 2128 Civil Code) – unit number, share of common parts, cadastral area.

• Purchase price (§ 2080 Civil Code) – must be fixed or determinable.

• Accessories – cellar, garage, terrace, if they belong to the apartment.

• Obligations connected with use – contributions to the repair fund, service fees.

• Handover date and transfer of benefits (§ 2130 Civil Code) – when the buyer receives rent or becomes liable for utilities.

HOA Pitfalls to Watch Out For

• Association debts (§ 1186 Civil Code) – pass along with ownership of the apartment.

• HOA bylaws – may contain obligations buyers are unaware of.

• Outstanding loans – common in buildings after major renovations.

• Hidden defects of the apartment (§ 2095–2097 Civil Code) – the seller must disclose them, otherwise is liable for damages.

Risks and Common Mistakes

• Incomplete apartment identification → Land Register rejects the filing.

• Missing definition of share in common parts → the contract is invalid.

• Unverified HOA debts → pass on to the buyer.

• Formal errors → can delay registration by months.

Lawyer’s Recommendation

✔ Always request confirmation of no debt from the HOA before signing.
✔ Review HOA bylaws and loan agreements.
✔ Ensure the contract contains all mandatory requirements under § 2128 Civil Code.
✔ Don’t rely on vague seller declarations about “no defects.”

FAQ

How do I know the contract contains all requirements?
It must precisely describe the apartment, share in common parts, and accessories (§ 2128 Civil Code).

What if the HOA has debt?
These obligations pass to the buyer – that’s why verification is crucial.

Can the seller conceal defects?
They shouldn’t – the law obliges them to disclose (§ 2095–2097 Civil Code).

What if the Land Register rejects the filing?
The process will be delayed, and the contract must be amended and resubmitted.