You Might Be Thinking…

“If it’s in the Land Register, it must be correct, right?”
Unfortunately not. The Land Register records data that may not reflect reality. That’s why the law provides for situations where the area differs – and gives the buyer the right to a price reduction (§ 2129 Civil Code).

Clients Often Ask Me…

• How big must the difference be to claim a discount?

• What if the land is larger than stated in the contract?

• Who pays for a new survey?

• Can the contract be canceled due to area discrepancies?

• What steps should I take to secure a discount?

When the Right to a Discount Arises (§ 2129 Civil Code)

• If the contract does not specify the area, the Land Register record applies.

• If the actual area is smaller than in the contract, the buyer has the right to a reasonable price reduction.

• If the land is larger, the price generally stays the same unless otherwise agreed.

Step-by-Step Process

1. Have a surveyor measure the boundaries – without expert measurement, you have no proof.

2. Compare the results with the contract and the Land Register.

3. Formally request a discount from the seller.

4. If no agreement is reached, assert your right in court – within 3 years of transfer.

5. For new contracts – insist the contract includes the exact area.

Risks and Common Mistakes

• Buyers blindly trust the Land Register → discrepancies surface only during construction.

• Contract doesn’t state the area → harder to claim a discount.

• No survey before purchase → disputes with seller and neighbors.

• Buyer delays action → after years, the right may be lost due to limitation.

Lawyer’s Recommendation

✔ Always arrange a survey before purchase.
✔ If you discover discrepancies, act immediately – you can’t postpone claiming the discount.
✔ Include exact area and solutions for discrepancies in the contract.
✔ If in doubt, seek a lawyer – negotiating a discount requires experience.

FAQ

What if the difference is just a few square meters?
You’re entitled to a discount if the discrepancy is significant – it always depends on value and agreement.

Can I cancel the contract?
Usually not – § 2129 Civil Code provides only for a discount. Cancellation is possible only in cases of material breach.

Who pays for the surveyor?
The party who orders it – but costs may be recoverable if discrepancies are proven.

Does the right to a discount apply years later?
Yes, but only if exercised within the limitation period (3 years).